A Democrat's Perspective on Gun Law Amendments: H.R. 8 and H.R. 1446

As a gun-owning Democrat, my position on gun control is often perceived as contradictory. However, it is important to understand that my views are based on a deep consideration of both the practical and ethical implications of proposed legislation.

Understanding the Context

This whole issue is often exaggerated into a tempest in a tea pot. The 500 million existing legally owned firearms are now and forever protected by the 5th and 14th Amendments. No statutory “ban” can displace them. Therefore, the relevant discussions are primarily about how to regulate and ensure responsible ownership rather than elimination. The discussions surrounding gun control continue to generate heated debates, driven more by emotions and political needs than by practical solutions.

My Political Stance

I registered to vote as a Democrat when I turned 18 and have voted for the party at various times. My political views have always leaned towards the Libertarian Left on the Authoritarian/Libertarian Left/Right spectrum. However, my political affiliation is now independent, indicating my stance is not purely aligned with any single party but rather with personal liberties and individual freedoms.

Analysis of H.R. 8: Background Check Requirement for Private Sales

H.R. 8 would require a National Instant Criminal Background Check System (NICS) check for every firearm transfer between individuals who are not Federal Firearms Licensees (FFLs).

I am not ethically or morally opposed to the requirement that a background check should be conducted for every private party sale. However, I am opposed to how the amendment effectively creates an 'FFL Oligarchy,' where local gun stores are granted significant power of extortion due to their monopoly on background check services. A gun shop in my city charges $10 for a background check and transfer, but in smaller towns, this service can cost $50 or more. Does this feel right?

I believe that the 'compromise' that Democrats often claim Republicans are not willing to consider should have been for the government to open up the NICS to private citizens. Therefore, I should be able to hop on that website, enter the data of my prospective buyer, get the approval, and then complete my sale without having to go through an FFL. I am even willing to pay a nominal fee to the government to cover operating costs.

In summary, the way this law chose to solve the problem does not resonate with me. Therefore, if I were sitting in Congress, my vote for this bill would be NAY.

Analysis of H.R. 1446: Extending Background Check Processing Time

H.R. 1446 extends the allowed processing time for a background check from 3 days to 10 days.

I am not opposed to this amendment per se. However, there are some critical questions that need to be answered. Why were checks failing to complete within 3 days? Was this the only solution, or could we have addressed the issue by increasing computing capacity or hiring more personnel for the NICS system? Was a 10-day period truly necessary, or could we have settled for a shorter period?

While a 10-day period might seem like an arbitrary choice, if Democrats could convincingly argue based on budget considerations, current processing times, planned throughput, and future peak throughput, then a 10-day extension might be acceptable. But without a strong case, my vote would be NAY.

Pattern of Thinking

The Democrat side often focuses on the 'what' and 'why' of legislation. In my view, the way we solve problems and the justification for our solutions are equally, if not more, important than the actions themselves.

Conclusion and Invitation for Constructive Debate

More than anything, I am looking for constructive debate and dialectic. If you want to comment to make snide remarks, please save them for other forums, as they are a waste of time on me. If, however, you would like to have an honest conversation, please join in the discussion.

Let's work together to find practical and ethical solutions that respect the rights and responsibilities of gun owners while ensuring the safety and security of our communities.