Yes the title of this post is oozing with apathy on this topic. Why, you ask? The speech-making and talking points from both sides of this topic are becoming a broken record.
However let’s talk about two hot topics that are part of the broken record of speech making and talking points:
- Mental health background check/test: Awesome idea but it is flawed. Why? Since it does not addresses the alteration of a person’s mindset over time. For example: Mr. Smith buys a handgun for the heck of it and passes the mental health check. He buys a rifle and shotgun over next couple of years and keeps passing all the checks with not a problem. Then out of the blue: Mr, Smith gets fired, gets divorced, losses custody of his kids, loses his house because of defaulting on the mortgage and snaps. He goes postal and kills 3 people and his self and his dog. How to resolve this potential situation: gun owners pay a fee to offset the cost of a mental health checkup every year or a predetermined licensing period like your driver’s license. Fair, yes; but what if a person opts not to get their mental health checkup? Additionally, does this fee be for unlimited guns or will it be a greater fee for multi-gun owners like gun collectors and avid hunters? Can (or should) the government takes the gun(s) away from a person for non-compliance? Yes, in my opinion; however, 2nd amendment issues might arise and that is the second topic.
- 2nd amendment: The amendment states: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Could a fee being infringing? This could be framed as such pending on an individual income level versus the fee amount per licensing period and other legal wrangling.
The SCOTUS has ruled several times on the language of the 2nd Amendment. So it can be stated that it has codified on allowing citizens to own guns. This is based on SCOTUS gutting the Brady Law since it infringed on the rights of the citizens of this country and it reversed the Gun Free School Zones Act since it exceeds the commerce clause.
So what is available to deal with this issue/crisis?
There is hope for change it is called call for a convention to propose amendments to the United States Constitution. There has been a call for a one on other topics. However, for this to happen 34 of the state’s legislative houses have to petition Congress to open a convention up. So for those that want changes to the gun laws that will pass the litmus test to SCOTUS—call/email/attend a town hall of your local legislators to call for a convention to propose amendments to the United States Constitution.
But this is the rub, could certain special interests take over the convention if it is called???
Disclaimer: This is not a truly hot topic for me, but the outrage and outcry is creating it as an important one for society. I have talked to my local and state officials on this topic and several other ones to start a convention. But this topic and the others have fallen on deaf ears. But I will keep the conversation alive frequently. I am not a lawyer or elected official(or work for one).
Convention to propose amendments to the United States Constitution http://en.wikipedia.org/wiki/Convention_to_propose_amendments_to_the_United_States_Constitution