Monday, November 6, 2017

The Gun Control Act of 1968

The Gun Control Act of 1968 states, among other things, that it is illegal for a dishonorably discharged veteran to possess a firearm. The specifics are as follows:

"d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— 

(6) who [2] has been discharged from the Armed Forces under dishonorable conditions" 

"g) It shall be unlawful for any person— 

(6) who has been discharged from the Armed Forces under dishonorable conditions; 

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce" 

Here’s a suggestion. How about all of these investigative bodies descending on Texas find out who sold Devin Patrick Kelley this:


He was quite proud of his purchase, sharing this photo of it on his Facebook page a mere week ago. She’s a bad bitch, he crowed. So, apparently, despite the clear, unambiguous intent of the Gun Control Act of 1968, Mr. Kelley was able to get his hands on this weapon. The natural human plea when something like this happens is, We have to pass a law that would prevent this sort of insanity. Well, we already did...in 1968. It either didn’t work, or was not followed in the case of this particular purchase. If it is discovered that Mr. Kelley purchased this gun from a registered dealer who simply didn’t obey the law prohibiting this purchase, the dealer would be thrown in jail for the rest of his life since his negligence makes him complicit in this heinous crime. If, on the other hand, the killer got his hands on the rifle via the black market, or some other criminal...then we’re screwed. Short of government confiscation of 300 million firearms from the homes of Americans, I see no remedy. Perhaps instead of passing new laws, we devote more energy and attention to enforcing the ones already on the books...like the Gun Control Act of 1968.

With each new mass shooting, I see more and more people coming out in favor of full confiscation. The ironic thing is, many of those who are the most likely to accuse Donald Trump of being a fascist authoritarian, are the same people who are willing to empower the government with the authority to confiscate 300 million guns from the American people. I suppose “authoritarian” is in the eye of the beholder. But, most people I know who are in favor of more gun control legislation are not proposing confiscation. Frankly, most of them consider themselves supporters of the 2nd Amendment. They just look at what has happened with gun violence in their country over the past ten years or so and, in exasperation, search for some new legal remedy. I have great sympathy for that view. I too am frustrated. I simply don’t see how any new law will work any better than existing law. Even if a complete ban of gun purchases could be passed and even enforced...what of the 300 million guns in the system? And what about the fact that people with ill intent and no respect for our laws will still have access to all the guns in the world, while the rest of us will not? Maybe we could prohibit the manufacture of ammunition. Then once all the available ammo was exhausted all those guns would be useless. Or, we could mandate that every box of ammo contain one exploding bullet that will kill the shooter making the use of a firearm a Russian Roulette sort of thing?

I’m not trying to be flippant about so serious a subject. I’m just trying to point out that this is a deadly serious problem for which there is no easy remedy. That doesn’t mean we shouldn’t try to fashion some solution, but we need to be realistic and clear eyed about what is possible.

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