Recent reports suggest the Obama Administration is days away from once again urinating on the Constitution with an Executive Order limiting the 2nd Amendment rights of Americans. It is thought they will attempt this by falsely claiming to close “loopholes”. We have long heard about the imaginary “gun show loophole” and recently we have been introduced to the more dishonest claim of a “no fly list” or “terror watch loophole”. To be clear, there are no “loopholes” only liberals desperate to undermine the second amendment.
In the English language, the definition of loophole is an ambiguity or inadequacy in the law or a set of rule. There is nothing ambiguous or inadequate in current gun legislation because the intentions were to exclude private sales. Many Americans think the “gun show loophole” allows guns to be sold at these shows without background checks. This is simply untrue as almost all vendors that set up booths or displays at shows are gun dealers, hence must perform all of the background checks they would if the sale took place in their shop. Actually anyone that purchases a weapon with the intent to sell must acquire a federal dealer’s license from the ATF, whether they purchase 3 or 300. The “loophole” is actually just private sales that take place similar to if one was selling the firearm to a neighbor. Many individuals that visit these events are sportsmen and collectors, and with the “swap meet” atmosphere, individuals often will trade and sale with other attendees. Sometimes these transactions take place because someone needs cash, desires to upgrade their current firearm, or simply liquidating their collection. If you have ever visited a baseball card, comic book, or antique show, the networking among like-minded individuals is very similar. Liberals know the only way to eliminate this exchange is to eliminate the ability for individuals to sell firearms to friends, family and neighbors on their front porch without a federal background check. More importantly to liberals, the action will result in a more complete government registry of firearm owners.
The fictitious “no fly loophole” is an emotional claim, and any limitations on citizens constitutional rights utilizing this list will itself be unconstitutional. The court has ruled the government can place reasonable limitations on individual citizens only when they have been convicted of a crime by their peers. Disallowing individuals from purchasing a firearm based on being listed on the “no fly” list is no different than disallowing young African American males or Muslims from purchasing a firearm because statistics illustrate many gun crimes are committed by African American males between the ages 18-34 or most terrorism is committed by individuals that claim Islamic faith. Everyone recognizes that most African American males do not commit firearm crimes, nor do most Muslims engage in terror. Similar evidence supports most individuals on the no-fly list are not engaged in terrorism. I say evidence because we do not really know how to get on the list, or more importantly how to get off the list. Obviously there is no solid evidence that these individuals have committed a crime because if solid evidence existed the individuals would be arrested. We do know countless individuals have been incorrectly placed on the list which has resulted in the list being little more than a punchline. National media members, Congressmen, and over 70 individuals employed by the US Homeland Security Department have appeared on the list. As stated earlier, the list itself has Constitutional questions because once on the list, there is no 800 number to learn why one is on the list or how to get off the list. Many have suggested it is already being used as a political tool as the recent perception is many more conservatives seem to be mistakenly placed on the list.
If liberals really want to discuss individual limitations on purchasing firearms, maybe they can explain why an individual who has committed tax fraud is more of a threat than an individual that has violent misdemeanors on their record. Most laws automatically strip citizens of the right to possess a firearm if convicted of a felony, irrelevant of if the crime was violent. In Florida, theft over $300 is considered a felony, therefore stealing an iPhone will permanently eliminate an individual’s right to personal protection. It literally makes no sense until it is looked at in conjunction with the fact voting rights are also often eliminated with a felony conviction. To be clear, one can be convicted of misdemeanor voter fraud and maintain the right to vote, while an individual that borrowed a roommates car without permission resulting in a grand theft charge will lose the right to vote or own a firearm for life. I point out it makes sense when we look at when most of these laws were implemented, and the populations most effected. Few will admit these laws in many cases were directly related to diminishing minorities influence at the ballot box and diminishing their ability to defend themselves against potential racism and abuse, but the political party that often receives 90% of their vote never wants to examine the racist roots of these laws.
To be clear, I am not a firearm enthusiast. Although I grew up in a rural community, and handled firearms from an early age, I still am not completely comfortable with one in my hands. I am a believer in the Constitution and individual rights, therefore I oppose most limitations on the clear and settled right of American citizens to own firearms. The Constitution is not a pick and choose document based on ideology, and infringing on it by any Executive Branch should me met with overwhelming rebuke by all Americans.