Hacker News new | ask | show | jobs
by kelnos 2177 days ago
I think the problem here is that the left has learned that compromise positions leave gaping holes in the legal framework to the point that the laws that do get passed become largely useless.

Sure, we can compromise on the background check requirements such that certain types of sales don't require background checks... well, ok, but then that just means that the people who would fail a background check will buy privately or from a gun show, and their access isn't really diminished, so the so-called "compromise" was little better than not passing a law at all.

It still boggles my mind that if I want to drive a car, I have to be tested and licensed, and carry insurance, but if I want to buy a device specifically designed to kill, I can just walk into a store, and after any weak legally-mandated waiting period, walk out with a gun I don't even know how to use, let alone use safely.

And all this because it has to do with an amendment to the constitution that was never intended to mean what people have since "decided" it means. The current legal interpretation of 2A only exists because of lobbying groups like the NRA.

2 comments

If you read the Heller decision, they go back to original intent and the common meaning of the words at the time the 2nd was ratified. This idea that we've only had gun rights since Heller is itself a modern invention.

On your automotive analogy - anyone can own a car. I can gift one to my 5 year old and so long as it stays home, he's 100% legal. Driving it is a privilege that's regulated. Likewise, carrying a gun is often regulated as you wish - and beyond reasonable levels in several states.

The "gun show loophole" is nonsense. Very few guns are transferred that way, and essentially zero "crime guns" were purchased this way. They were all either acquired via straw purchases (already highly illegal) or completely above board in a state with lax reporting requirements to the background check system. Ironically, the gun industry and gun community are, generally, huge supporters of addressing both of those issues.

> I can gift one to my 5 year old and so long as it stays home, he's 100% legal.

Not everywhere; in some (many?) states, even cars intended to sit idle on private property must be registered (usually for a lower fee), and you can't put a 5 year old's name on the registration. Regardless, giving your 5 year old a car and saying he "owns" it is laughable.

Your analogy doesn't really make sense, either. You could give your 5 year old a gun to keep in his room, and while that's a terrible idea, it'd be difficult for you to get in trouble for it. Either way, your 5 year old isn't gonna be able to walk into a car dealership and buy a car any more than he could walk into a gun store and buy a gun.

> Likewise, carrying a gun is often regulated as you wish - and beyond reasonable levels in several states.

No state regulates guns as I wish. I won't elaborate much because I doubt we're going to find any form of agreement there. I will say that I support the repeal of 2A (not like that will ever happen), and at the very least I'd like the states to have the power to regulate firearms in whatever ways they see fit.

> This idea that we've only had gun rights since Heller is itself a modern invention.

I don't think anyone's claiming that we didn't have gun rights before 2008. But Heller (and other cases over the last 80? years or so) have narrowed the kinds of restrictions that are considered constitutional. Heller finally taking the position that 2A protects gun ownership regardless of participation in a militia was a big deal as well.

> No state regulates guns as I wish. I won't elaborate much because I doubt we're going to find any form of agreement there.

Let's take a state like Hawaii - what additional restrictions would you like to see them place on guns? It's already about impossible there.

> well, ok, but then that just means that the people who would fail a background check will buy privately or from a gun show, and their access isn't really diminished, so the so-called "compromise" was little better than not passing a law at all.

This is a gross misunderstanding of the law. If you run a firearms business, you must have an FFL. If you have an FFL your must perform background checks for transfers regardless of where they occur.

Private party transfers are only from one non-dealer to another and must be infrequent / not a source of income for you. Purchasing a gun on behalf of another (such as to avoid checks) is called a straw purchase and is illegal regardless.