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Dennis A. Henigan

Dennis A. Henigan

Posted: March 17, 2011 11:47 AM

The President on Guns: What Does it Mean?


President Obama has broken his silence on the gun issue. His opinion piece in Sunday's Arizona Daily Star is a meticulously worded effort to define a middle ground on the issue on the president's terms, and then to invite those serious about finding solutions to join him in that middle, where ultimate agreement is possible. Although one gets the distinct impression that the president would prefer not to receive a positive reaction from gun control advocates like myself, I can't do him that favor.

The president's words were clearly crafted to draw fire from both sides in the American gun debate and no doubt they will. For my part, it is difficult to accept the president's apparent pride in having opened our national parks to concealed weapons, a policy that is opposed by every law enforcement group charged with the security of those parks. But beyond the "pox on both your houses" positioning, the president's call for consensus solutions to the plague of gun violence holds out great promise for progress to save lives.

For me, the most significant sentence in the article, and one curiously overlooked by the early commentators, is this: "If we're serious about keeping guns away from someone who's made up his mind to kill, then we can't allow a situation where a responsible seller denies him a weapon at one store, but he effortlessly buys the same gun someplace else." This is an unambiguous reference to a deadly anomaly in our gun laws. Under the Brady Law background check system, if a gun is purchased from a licensed dealer, there must be a background check, but in most states, if it is purchased from an unlicensed private seller, no check is required. Often these private sales occur at gun shows -- thus legislation has been introduced to close this "gun show loophole."

But the "gun show loophole" is really part of a larger loophole: in most states private sales do not require a background check, whether they occur at a gun show or not. This means that criminals and other legally prohibited gun buyers may be turned away at a licensed dealer, only to "effortlessly" purchase guns elsewhere. Significantly, the president did not mention gun shows in particular, but rather said "we can't allow" the broader private sale loophole to persist. The president clearly articulated the rationale for extending Brady background checks to virtually all gun sales. It is a reform the Brady Campaign has been advocating for many years.

The president did speak of other needed improvements in the background check system, including improving state reporting of the records of prohibited persons to the background check system. But he did not stop there. The president seems to recognize that, as important as it is to improve the records in the existing system, the problem of incomplete records pales in significance to the reality that, according to researchers, for about 40% of gun sales, there are no background checks at all. The president wrote that we must "make sure that criminals can't escape" the system of background checks. The private sale loophole is the widest, most inviting, avenue of escape.

As recent polling has shown, the proposal to extend Brady background checks to all gun sales is solidly in the middle of public opinion on this issue, receiving strong support even from gun owners. An astounding 86% of Americans, and 81% of gun owners, support universal checks.

Poll results like this demonstrate the mistake of viewing the gun issue as representing a great cultural divide between "gun-haters" and "gun-lovers." Framing the issue in this way is of great benefit to the National Rifle Association, allowing it to keep its followers in a constant state of fear and agitation that every sensible proposal is really a plot to weaken the resistance to ultimate gun confiscation. If president Obama is looking for consensus, he will find it. A policy of "no check, no gun, no excuses" has spectacular public support and will save countless lives.

Predictably, the NRA already has rebuffed the president's invitation to discuss the gun violence problem, with a typically obnoxious letter rejecting even the idea of a national dialogue on guns. Having collected millions in donations stoking the fear of an Obama gun ban, the NRA can't very well consort with such a committed "enemy" of the Second Amendment. The NRA has now fallen neatly into the president's category of those who "aren't interested in participating" in the "new discussion" because they "will predictably cast any discussion as the opening salvo in a wild-eyed scheme to take away everybody's guns." Perhaps the NRA's absence from the discussion will allow the real voice of gun owners to be heard.

At some point soon, the president must move beyond discussion to action and leadership. Far from being part of the solution, the NRA has shown, once again, that it is the problem. If President Obama truly wants a system that no longer allows countless violent criminals to "effortlessly" avoid background checks, eventually he will have no choice but to confront the gun lobby, and defeat it.

For more information, see Dennis Henigan's Lethal Logic: Exploding the Myths that Paralyze American Gun Policy (Potomac Books 2009)

 
 
 
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voyager48
Illegitimi Non Carborundum
10:50 AM on 03/30/2011
before they can even go there - there will have to be a national biometric ID system in place, they will have to fix the ID theft situation and probably by association illegal immigration.

For these reasons, it ain't happening any time soon.
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12:09 AM on 03/29/2011
"The President on Guns: What Does it Mean?"

LOL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

It means that the prez is gearing up to throw you under the bus for a second time, and you don't even see it coming.

LOL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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ProfessorDuh
03:20 PM on 03/22/2011
The difference between America now and America in Wyatt Earp's day is that in Wyatt Earp's day, he took away people's guns by law. Then, when they got drunk, they didn't have them.
Earp's ordinance #9 was put into effect on April 19, 1881. This regulation forbade the carrying of weapons, including knives, inside Tombstone city limits.
So it's official. American society in the 21st century is loonier than the wild, wild West.
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ProfessorDuh
03:19 PM on 03/22/2011
Obama doesn't truly want that, so it won't happen. He is an unprincipled weakling who rolls over to the right wing on every important issues.
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HUFFPOST SUPER USER
SocBeat
Bald and proud
03:32 PM on 03/22/2011
Or, Obama is a guy who won't play partisan politics at the cost of geting anything done period. A guy who won't stoop to his opponents' level, and treats them with respect no matter how badly they behave.

(I'm Canadian, by the way, and to the extent that I represent the rest of the world, Obama is viewed as a truly refreshing character on the American political landscape.)
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ProfessorDuh
05:51 PM on 03/22/2011
Obama abandoned the public option and the disastrous Bush tax cuts for the rich without even an attempt at a fight. After promising to march with unions, he abandoned them as targets for GOP destruction. But it was when he asserted a president’s power to summarily assa ssi nate  American citizens that I really began to worry. THAT, by the way, is stooping to his opponents' level in the worst possible way.
And I'm still waiting to hear Obama sneer in contempt at the "professional right.” Even once. Never going to happen. He’s both their scapegoat and their sled dog.
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Grumpy Man
Disappointed idealist
01:34 PM on 03/22/2011
A serious question: Let's suppose for a moment that the so called gun show loop hole is closed up tighter than a nun's knees. Let's suppose that background checks are required for ALL gun sales, regardless of location (gun show, private residence, street corner, etc...).

How hard do you think it will be for the average criminal to get his girlfriend, sister, mother, brother, friend or acquaintance to go buy the gun for him???

Straw purchases are already illegal. Detecting them is virtually impossible.

Requiring background checks for the sale of all private gun sales infringes upon me. I've probably only sold two guns in my life but I've transferred ownership of more than a dozen firearms to various family members in the form of gifts. Should I have to pay an additional fee each time I give a firearm to a family member such as my daughters, my stepsons, my nephews or my wife. I know more about their backgrounds than the government does and I don't want Uncle Sham in my business. I also don't want to pay a fee to a licensed dealer to oversee the transaction when it will, IMHO, do nothing to keep criminals from getting guns.
02:57 PM on 03/18/2011
"For my part, it is difficult to accept the president's apparent pride in having opened our national parks to concealed weapons, a policy that is opposed by every law enforcement group charged with the security of those parks."

For the most part, it's difficult to find any law enforcement personel reporting problems that have occured since the rule change was put into place, since there havn't been any.

The claim that allowing CCW in parks would cause problems turned out to be just as wrong as the anti-gun opposition to CCW in general. No surprise there.
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OdinsEye
Korean-Latino cop and retired military combat vet
04:52 AM on 03/20/2011
"For my part, it is difficult to accept the president'­s apparent pride in having opened our national parks to concealed weapons, a policy that is opposed by every law enforcemen­t group charged with the security of those parks."

Not to mention that it was actually done under the Bush admin. President Obama had very little to do with it. The rule was enacted in the last few months of the Bush admin. The courts place a temproary injunction on putting it in force because of a challenge all the proper studies had not been done as required for such a rule change. Congress resoundingly over-ruled the court by making it an act of Congress, not a rule. President Obama was only involved in that he signed the bill. But then again, it was attached to a very important piece of legislature and they had the votesto over ride his veto, so he did not exactly have a lot of choice.
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HUFFPOST PUNDIT
Rooster Coburn
Less Gov't + More Responsibility = A Better World
02:38 PM on 03/18/2011
Guns are none of the government's effing business.  Period! 
Criminal misuse of guns is!
We don't waste our time and effort trying to keep knives out of the hands of slashers.
We don't waste our effort trying to keep gasoline and matches out of the hands of arsonists either.
So why waste the time and expense of trying to keep guns out of the hands of criminals?
Punishment normally comes after the crime, not before it even occurs. 
That's because the crime usually does not occur and a policy of pre-crime policing is just a waste of time and effort.
Let's get serious and tell potential offenders: 
"If you do the crime you'll do the time!"
If they don't do the crime who cares what else they do or don't do.
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OntheBorder
Part of the 53% that carries the Liberal weight
12:01 PM on 03/18/2011
For all of you that chant "Close the Gun Show Loophole" see tha chart about 1/3 down the page from the Bureau_of_Justice_Statistics.

http://en.wikipedia.org/wiki/Gun_violence_in_the_United_States

It clearly demonstrates where felons get their guns,and it is not from gunshows.
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Grumpy Man
Disappointed idealist
11:34 PM on 03/19/2011
You forget... this is politics. Logic has no place here. Emotion is king. ;o)
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12:02 AM on 03/20/2011
I'll bear that in mind the next time I read one of your fellow gun lovers' lurid descriptions of a crime that (sniff) could have been averted if only everybody had a gun.
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PRR Fan
8 year-olds, dude.....
09:25 AM on 03/18/2011
Gun control as advocated by the left will never work. In fact, it will lead to higher rates of gun crime. The reason for this is that it is based upon a flawed assumption; if government restricts or eliminates the legal traffic in guns, gun crimes will decline. This sounds perfectly logical but if it works, why does this nation have a drug problem? After all, you can trade drugs for guns from the assumption and you have the argument for the war on drugs. Ditto for alcohol or prostitution.
Human nature tells us that just because something is banned by the law, it doesn't follow that people will just cease wanting to have the banned object or engage in the banned behavior. Basic economics tells us that if demand is strong enough then suppliers will emerge. We see this around us every day. Almost without fail, banning something like drugs or alcohol has failed to reduce its consumption or the negative effects associated with it. Instead, it surrenders a monopoly to criminals and leaves society paying for all of the effects.

But arms are far more important than drugs or anything else that we might ban. Arms are not merely something for pleasure or a vice. They are the instruments by which the populace defends itself. Unlike alcohol or drugs, banning arms, the most effective means of defense, would likely be a folly from which we could not recover, at least with a republic that we'd recognize.
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OntheBorder
Part of the 53% that carries the Liberal weight
05:43 AM on 03/18/2011
All the laws on the books have not made one iota’s difference to CRIMINALS. The left skips around the real problem, they continually make excuses for the violent criminals, we have allowed a bunch of failed sociologists (the easiest 4 year degree to get other than Obscure European Art) to frame the crime argument.
The real problem; we as a society do not hold individuals accountable for their actions; the left makes something or someone else responsible. The libs and progressives in general just cannot blame people for their own bad decisions. You read it every day on HufPo. These proposed gun law changes are just one more example of using firearms as a deflection away from the real problem…..we have raised a class of dirt bags that prey upon honest citizens, the left has hours and hours of useless discussion of why the actions of these dirt bags are not their fault….they never had a chance, Moma did not love them, daddy left them, latch key kids. So they blame guns, blame an object for an individual’s failures. To do otherwise would be an admission that 50 years of liberal progressive influence on education, social welfare programs, The Great Society of LBJ and acceptable of rampant drug use has been an abject failure.

The left’s great social experiment has failed and they just can’t stand it….So blame the GUNs.

Lay blame where it belongs….firmly in the lap of the left.
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HUFFPOST SUPER USER
PerryLogan
We don't want your guns; we just want your women.
06:10 AM on 03/18/2011
I take comfort in the fact that the science is with me:

A broad array of evidence indicates that gun availability is a risk factor for homicide, both in the United States and across high-income countries. Case-control studies, ecological time-series and cross-sectional studies indicate that in homes, cities, states and regions in the US, where there are more guns, both men and women are at higher risk for homicide, particularly firearm homicide.
http://www.hsph.harvard.edu/research/hicrc/firearms-research/guns-and-death/index.html
06:38 AM on 03/18/2011
Well, of course there is a higher risk of firearm homicides for individuals who choose to have firearms in their house.

Just like if you drive, there's a higher risk you'll be in an accident than someone who doesn't leave the house. But we don't outlaw driving.

There's a higher risk of lung cancer for someone who smokes, but we don't outlaw cigarette sales.

The bottom line is giving people a choice. To make adult decisions based on their own desires.

Choice. Something the left has endorsed for decades. As in being pro-choice. As in staying out of my womb. And my bedroom. Pro-choice.

Unless it comes to guns.

Gun ownership is legal. Abortion is legal.

Take comfort in that fact that many people view the lefts position on abortion as causing more deaths in the United States per year than guns have in the past 20.

Maybe you ought to come back when your own social stance doesn't look so, so, ah, I'm sure you can come up with a word.
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OntheBorder
Part of the 53% that carries the Liberal weight
06:44 AM on 03/18/2011
I read the link info, now replace the word gun with cars....

Not much to the report, if there is guns there is a higher chance of gun crime..DUH...I always wondered what they did a Harvard.
05:33 AM on 03/18/2011
Funny what constitutes and "unlicensed dealer". I wonder: if I sell my car to my friend am I an unlicensed car dealer ?
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OntheBorder
Part of the 53% that carries the Liberal weight
05:55 AM on 03/18/2011
Hey now...Don't be screwing up Obama's BS story just when he is getting warmed up!
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LouGots
11:26 AM on 04/01/2011
Right. Casual sellers are not eligible to be licensed, so the term is self-contradictory and misleading. I don't have a shop, don't regularly derive income from the business of selling guns, so I am not entitled to a dealer's license, even if I wanted to have one.

This is gun-grabber sophistry. What they really mean by "unlicensed dealer" is no more than "private seller." They don't want private sellers, because they would like to turn the licensed dealer system into a national gun registry by means of mining dealers' records. Private sales undercut this scheme, so private sales need to be abolished first..

No deal, Comrades. We're never going to get where the grabbers want to go, because we're stopping this up front. They are never getting to the last steps of confiscation and prohibition, because we're stopping the first steps.
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bud812
05:17 AM on 03/18/2011
Too many damn rules and regulations for us serfs,i bet by no fault of our own we break a law daily due to the multitude of laws and regs.
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OntheBorder
Part of the 53% that carries the Liberal weight
05:52 AM on 03/18/2011
For the left there in no such thing as TOO MANY LAWS AND REGULATIONS....for Obama there will never be enough.
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rikilii
Quod gratis asseritur, gratis negatur.
09:27 AM on 03/18/2011
I'm sure they'd prefer it if we had to hire a lawyer every time we wanted to clean out our garage.
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Whitemellon
04:22 AM on 03/18/2011
What about the news a week or so ago where the ATF officers were watching as crates of hundreds of weapons including 50 cals and ak47's were being bought by Mexican drug cartels at AZ gun shows and allowed to be brought back to Mexico. The agent who came forward claimed one of the weapons killed a fellow border patrol agent. He also claimed the Washington attorney generals office was aware of the surveillance. Mexico lodged a formal complaint. Obama needs to get his own house in order before he goes preaching gun control.
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OntheBorder
Part of the 53% that carries the Liberal weight
06:13 AM on 03/18/2011
Yep...Operation Gunrunner...the people sworn to protect the Consitution of the US at their best.
07:40 AM on 03/18/2011
It wasn't gun shows, it was gun stores... Which in my opinion makes the ordeal far worse. The ATF was working with the gun stores to push these purchases through. If you read the two indictments posted by CBS, one man alone purchases 195 AK47 clones including multiple trips where he purchases 20 or more at a time.
This American
An end to all this nonsense
03:52 AM on 03/18/2011
It is obvious to anyone with half of a brain that restricting the private sale of guns will be no more effective in keeping guns "out of the hands of criminals" than the laws against the private sale cocaine have been. This is not to say that they wouldn't "work" at least in the sense that is meaningful to the Brady Bunch. After passage of such laws it would soon become evident that criminal access to guns was unaffected. The solution? registration of all guns. Once registered the guns could be confiscated. This wouldn't happen all at once. First there would be a limit on the number of guns, then specific types would be banned etc etc. All the while gun violence would steadily increase as it has the UK and Australia as they confiscated the guns of the law abiding citizens.

This is just another lame attempt by the second and third tier individuals who comprise the modern left to ape the tactics of their hero, the Russian butcher Lenin. Marx said "history repeats itself, first as a tragedy next as a comedy ," The American people saw through this a long time ago.
03:14 AM on 03/18/2011
I'm concerned by the lack of analysis of the statistics.
Yes, 40% of gun sales have no background check. But what constitutes a gun sale? If my friend says, "Hey, I don't want this Glock anymore, I'll give it to you for a hundred bucks," that counts. Gun shows obviously should require a license, but these statistics are probably done with an accounting trick. You can't restrict all gun purchases because of the right of first purchase; you can't stop someone from doing whatever they want with their own purchased item, modifying it, or selling it to someone else.
03:59 AM on 03/18/2011
until they can get their hands on guns, criminals can also make weapons out of simple items......a store does not sell a pair of socks and a bar of soap as weapons.....but if a maniac places the bar of soap in the sock - or a roll of coins in the sock - and uses it as a weapon to attack people, it is the criminal element that needs to be dealt with - not the store owners who sold the socks and soap.

States should stop providing drivers' licenses - and state IDs - to illegal aliens - that are used to buy weapons in the USA. If someone cannot prove US citizenship - or is on US soil legally - they should not get SPECIAL TREATMENT to receive an ID of any sort - just by choosing a new name - and going to the DMV.

As well, ILLEGAL ALIENS should face Identity theft charges - for the fraudulent use of the personal information of US citizens - and acquire prison time - thereafter deported - and banned from the USA.

That will take care of - a large portion of - illegal weapons, felons buying weapons, etc. - and CRIMES.

To say it would not - cheapens every law-abiding US citizen - and our US Constitution.
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RevJimIII
Grin and Barret...
02:52 PM on 03/18/2011
Nicky Cruz, former leader of the NYC gang, the Mau-Maus, frequently grabbed radio antennas for use as a very long 'rapier'...   very nasty.
06:03 AM on 03/19/2011
Exactly. Baseball bats, glass, chains...A kid can learn how to make bombs via the internet easily these days. Poison darts can be made out of paper, tape, scissors, needles, and any one of numerous readily available poisonous substances. And automobiles have been used more than once as weapons. Where there is a will, there is a way.