I was turned onto this article by Mark Levin. It was written by a University professor, C. D. Michel, adjunct professor, Chapman University School of Law.
Despite being written in 2013, the facts remain the same, but our politicians have become more spineless. They push for more gun restrictions, despite all empirical data, that is available to everyone, showing that nothing they propose will make the slightest difference. Our feeble political class continues to cling to the “must do something” mantra.
No longer do we here the reasoned argument of no legislation is better than bad legislation.
from the Hill:
Why universal background checks won’t work
There are three basic problems with universal background checks; it will have no effect, the numbers don’t prove the case, and the only way to make the scheme remotely effective is repugnant to the people. Those are three big hills to climb. That’s why few politicians seem ready to take the hike.
Most important is that criminals disobey such laws (and according to the Supreme Court in their Haynes vs. U.S. decision, criminals are not legally obligated to). In a report titled “Firearm Use by Offenders”, our own Federal Government noted that nearly 40 percent of all crime guns are acquired from street level dealers, who are criminals in the black market business of peddling stolen and recycled guns. Standing alone, this shows that “universal” background checks would have an incomplete effect on guns used in crimes.
The story gets worse. The same study notes that just as many crime guns were acquired by acquaintances, be they family or friends (this rather lose category also includes fellow criminals, who are equally unlikely to participate in “universal” background checks). Totaled, nearly 80 percent of crime guns are already outside of retail distribution channels (which are 14 percent of crime gun sources) and outside of transactions made by the law abiding folks who would participate in “universal” background checks at gun shows (0.7 percent). [Add to this the hard fact that not one has ever been used in a mass-shooting incident].
When 80 percent of the problem is not addressed by legislation, even if the law was enforced it would be nearly useless.
In the rush to do “something,” bad legislation is proposed and then has to be justified. When public support for “universal” registration started slipping, politicians brought out statistics to bolster their case. Unsurprisingly those statistics were as weak as the legislation itself.
The quoted datum (which actually totaled 36 percent, not 40 percent) came from a survey conducted before NICS came into being in 1998. The 1994 survey, reported in the 1997 study “Guns in America: National Survey on Private Ownership and Use of Firearms”, 36 percent of transfers (not sales just simple transfers of possession) were outside of background checks. “Transfer” is another very lose category which include gifts, trades, inheritances, and loans as well as sales. Indeed, 17 percent of all those transactions were non-sales, and 27 percent were outside of normal retail channels. So “universal” background checks would only extend to an additional 9% of firearm transactions under the most favorable circumstances.