Michael Zeleny (larvatus) wrote,
Michael Zeleny
larvatus

legislative intransigence and the politics of compromise

Barack Obama was against gay marriage before he became all for it. Wayne La Pierre was in favor of legislation mandating background checks for private party gun sales before he became all against it. When the facts changed, they changed their minds. What do you do, ma’am?

Joining the NRA in defending a system in which it is perfectly legal for someone to buy a dozen assault rifles and then sell them with no background checks in a parking lot, is a cinch in view of the eternal recurrence of gun ban proposals complemented by the gun ownership records produced by the proposed background checks. Democrat dreams of gun confiscation are a gift that keeps on giving to the advocates of gun rights.

The main fact that has changed in the fourteen years since Wayne LaPierre spoke in favor of mandatory background checks for private firearm sales, is the recognition by the SCOTUS of the right to keep and bear arms as fundamental and Constitutionally protected. The prevailing understanding of the Second Amendment is that it protects an individual right to keep and bear those, and only those small arms that are commonly used for self-defense and appropriate for service in the militia. This is consistent with gun control, e.g. through licensing concealed carry of handguns or registering the ownership of machine guns. But outright bans on ownership and carry have been off the table since Heller and McDonald. Nonetheless, we are witnessing renewed, if foredoomed, attempts to ban certain kinds of guns, including the AR15 platform, which in the wake of the 1994 AWB became America’s most popular rifle, i.e. the epitome of an arm subject to protection under the Second Amendment. As a self-anointed Constitutional expert, our POTUS saw himself fit to rescind the enforcement of DOMA well in advance of a SCOTUS ruling on its constitutionality; whereas in the instant matter he sees himself fit to push for legislation that expressly conflicts with its existing rulings. Under the circumstances, making every firearms transfer subject to Federal supervision, would create a database apt to be exploited in further attempts to infringe the right to keep and bear arms.

Despite all that, as a resident of California long compelled to submit my gun transfers to scrutiny by Big Brother, I could see myself compromising on this matter — but only if I got something in return. Reviving the National Right-to-Carry Reciprocity Act of 2011, passed by the House of Representatives in November of 2011, only to be killed in the Senate, would be a good starting point. Time and again, poll after poll has shown that Americans want politicians in Washington to compromise. Where is their compromise on gun rights?
Tags: america, freedom, guns, law, politics
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