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Closing the Bill of Rights loophole

On Tuesday, we opened a discussion on President Obama's "urban policy" on guns, specifically his goal of repealing the Tiahrt Amendment. Yesterday we dissected his goals further, and saw how federal laws declaring children and criminals ineligible to have guns are already in effect--for all the "good" they do.

And we saw one other major disconnect: Despite his assurances that "what works in Chicago may not work in Cheyenne," made no doubt to convince detached and dull-witted gun owners that he posed no threat, every one of his policy proposals would apply nationwide, across the board.

Every one.

So the word "urban" is intentionally misleading. That's a nice way of calling it a lie.

Come we now to Team Obama's next hope for change:

They support closing the gun show loophole...

If I may:

Everyone is aware that all dealers at gun shows must conform to the same federal requirements as gun shops, right? That means forms, background checks, the whole works...?

And everyone is aware that the so-called "loophole" barely qualifies as a pinhole?

A Bureau of Justice Statistics (BJS) report on “Firearms Use by Offenders” found that fewer than 1% of U.S. “crime guns” came from gun shows, with repeat offenders even less likely than first-timers to buy guns from any retail source.

As for foreign insurgents treating gun shows as "arms bazaars," the hysteria never matched the hype. It makes as much sense as shipping sand to the Sahara, especially considering the armaments available at bargain prices in their own back yards. Don't believe me? See for yourself:

 

OK, but what about unlicensed gun sellers at gun shows? Aren't I just avoiding the issue?

Hardly. First off, remember, over 99% of "crime guns" will not be halted. Clearly closing off gun shows to private sellers will have no impact.

So what's the goal?

How about ending all private sales that don't go through licensed dealers--and requiring paper, that is, registration, for all firearm transfers. So how would that work out?

Fordham University Law School Professor Nicholas J. Johnson gives us a hint, with what he calls "The Remainder Problem":

[P]eople who complain about the gun show loophole can really only be satisfied by a flat ban on private transfers... Competing impulses complicate projections about defiance of rules...The defiance impulse that confounds registration and confiscation operates here for obvious reasons...[W]here registration and confiscation are background possibilities, the impulse to resist secondary sales restrictions will be similar to the impulse to resist registration and confiscation. The no-paper gun will continue to have premium value. People will pay extra for them and have powerful incentives to retain and acquire them in various ways. These incentives will fuel defiance of secondary sales restrictions.

In other words, expect massive noncompliance, because gun owners just don't trust the government--and with all the "gun control" we've already endured, and with all the proposals to further disarm us --from Chicago to Cheyenne-- in the works, who can blame us?

So the main result of this Obama dream will be to incentivize millions of us to defy and disobey federal law, turning peaceable people who want to be left alone into criminals. What, there aren't any real bad guys to go after? This is the great plan to bring us all together?

Surrender our cherished, supposedly unalienable rights-- or else?

  


 

Check out the latest from other Gun Rights Examiners:

  

For more on the mythical "gun show loophole" read David Kopel's "The facts about gun shows."
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By

Gun Rights Examiner

David Codrea is a long-time gun rights advocate who defiantly challenges the folly of citizen disarmament. He is a field editor for GUNS Magazine,...

Comments

  • MamaLiberty 3 years ago
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    Somehow, the message most people need to hear is that nothing government does is actually about safety - it is always and only about CONTROL.

    Our individual sovereignty is government's greatest enemy. And they will do ANYTHING they deem necessary to destroy the individual and his liberty to govern himself.

  • AvgJoe 3 years ago
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    This is what I've been saying all along. These people are going to go after hi cap clips and end private sales.
    I don't know how deep they will go on clips such as an outright ban on them or end the sale of them. Meaning if you have them fine if you don't you can't get them. But the private sale thing is all about getting every firearm on the books.

  • AvgJoe 3 years ago
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    If these people were caring human being they would see that Roe v Wade was over turned.
    These people have the blood of 50 million butchered babies put through very violent deaths, dripping off their fingers. These people lick that blood off their fingers and demand more babies die the same way.
    You can bet your life on the simple fact if these same death worshipers take away American's arms they will be licking the blood off of their fingers that is your's and your family's.
    There is NO other reassons these people will lie to the degree they have to disarm the American people if they didn't intend on killing many of us.
    Again, the proof is: If these people happly lick the blood off of their finger of 50 million dead babies. The degree of their evilness is beyond our ability to understand. The American people better wake up very soon or its going to be too late.

  • David Codrea 3 years ago
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    Let's remain focused on the gun show/private sales issues discussed in this column. Thanks.

  • AvgJoe 3 years ago
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    OK fair enough. I'll fill in the piece of information I jumped over.
    As history clearly show when government demands gun registration they end up taking those guns away. In many cases that very same government starts killing its own citizens. In the last century around 65 million were murdered that way by none other than their own government. My reason to tie in abortion to this is showing how bloodthirsty the people running our government are. Only evil people would demand that the citizens should be unable to defend themselves. All the dots connect.

  • AlanR 3 years ago
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    California has already banned private sales and requires all transfers to go through a FFL. How's that working there? As a hint, it hasn't reduced crime at all when compared to before the ban went into effect.

    What has it done? It has increased the cost of transfering a firearm. In my area dealers charge between $25 and $75 (on top of the $25 to the state for the "Dealer Record of Sale") to process the paperwork for California.

  • Kevin Wilmeth 3 years ago
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    "or else"

    That just about covers it right there. Government has become all and only about "or else". Probably that shouldn't surprise us; history shows that is what government ALWAYS does.

    Fortunately, those who came before us, seeing this, set things up so that we, too, have an "or else" option.

    Our current overlords know this, of course. That's why they consider it a "loophole". And, regardless of who is in charge, and regardless of how long it takes, they will try to close it.

    We can't say we didn't have fair warning. The question now is, how much "or else" do we have left in us?

  • Rich 3 years ago
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    Well, Obamination struck the first day HE was in office. The question is now that the line has been drawn in the sand what do we do to stop this insanity dead in its tracks.

  • CLARENCE LEE CLINE 3 years ago
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    WHY IS IT THAT THE AMERICAN PEOPLE ALLOW OUT ELECTED EMPLOYEES TO LIE CHEAT AND STEAL WITH IMPUNITY AGAINST THEIR EMPLOYERS? WHAT! CAN WE NOT AT LEAST SUE THESE AHOLES LIKE OBUMMER AND CO. FOR THEIR CRIMES? WHAT ABOUT BRINGING CHARGES AGAINST THEM FOR BREAKING THEIR OATH OF OFFICE BY FAILING TO UPHOLD AND PROTECT THE CONSTITUTION? THE LAST TIME I LOOKED, ANY CHANGE IN THE CONSTITUTION MUST BE RATIFIED BY THE STATES (US THE EMPLOYER)IF I DID THESE THINGS WITH IMPUNITY MY EMPLOYER WOULD FIRE MY SORRY ASS AND THERE WOULD BE NO UNEMPLOYMENT INSURANCE.

  • RebelB 3 years ago
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    My first time here: I've been wondering for many years just what would the Liberal politicians do if thier body guards could not carry guns to protect them. Take for instance one certian person [a very strong anti-gunner] R.... O'......; with her mouth, would she ever be seen in public without her armed bodyguard? Would the current President[?] be seen in public without his? A huge NO!
    How many years had Washington D.C. been under a total gun ban? Was it not been known as the murder capital of this nation? Did it help to defere crime? NO! But since the ban was lifted, how has it affected the [crime] murder rate? Has anyone heard much about it? All I've heard was from these libral "idiots" more bans, more bans, who cannot see beyond thier own personal agenda no matter how strong the evidence in front of them to the contrary.These people may be college (book) smart but they DO NOT HAVE ANY common sence. 'nough said

  • Chris Miles 3 years ago
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    You got it right brother!

    We, the real Americans, have every right to throw obbamma and anyone else that threatens any portion of the bill of rights, INTO PRISON.

  • Gerald 3 years ago
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    To rephrase an old saying, "When they outlaw private sales of firearms, i'll become an outlaw."

  • Hillbilly 3 years ago
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    I will say this again,and it is to all the fools that elected "O":The "change" you wanted will not be the change you get.When you have nothing else left,hope is all you CAN HAVE.
    Restyour arm,Lady Liberty,your torch has gone out.

  • John Galt 3 years ago
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    For those NRA members that voted for President BO, you resign your NRA membership and hang you head in shame for the believing that liar.

    MOLON LABE

  • B. Lee Pemberton 3 years ago
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    We do not DARE to trust ANY federal agency with any info that can be used against us!

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