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Firearms need stricter purchasing requirements

Published: Wednesday, January 19, 2011

Updated: Wednesday, January 19, 2011 23:01

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Three weeks ago, Jared Loughner was just another face in the crowd, known by a small contingent of friends, family members and teachers. Today, he is a household name in America, associated with the killing of six people and injuring another 13, including a United States Congresswoman, with his Glock 19 pistol outside of a Tucson, Ariz., shopping center.

This is merely another incident of gun-related violence in America that we have become somewhat accustomed to seeing. Questions stemming from this incident will be asked for months. What were the gunman's motives and did he have a previous history of violence or mental instability? However, the more interesting question is how Loughner received his firearm and should the process of purchasing firearms be stricter following these tragic events?

There are many groups advocating for stricter restrictions on gun control and the process of purchasing firearms.

Loughner purchased his weapon legally and passed the federally mandated background check that is associated with purchasing a firearm. This background check simply requires the person's name and social security number. This information then is called into the National Instant Background Check System (NICS) which checks the purchaser's name and criminal history for any offences or confinement to a mental institution. While Loughner had a previous charge of having a controlled substance in 2008, NICS states that persons convicted of controlled substances cannot purchase a firearm for a period of only one year. Therefore, Loughner was able to purchase his pistol after this mandate expired.

While owning firearms in this country is a right preserved by the Second Amendment to the United States Constitution, something must be done to make it more difficult for firearms to fall into the wrong hands.

First off, the background checks need be written in a simpler and more concrete fashion. Many of the checks, which can be found on the FBI's website, are written in terms that are confusing and difficult to define. The checks also do a poor job stopping persons with violent behavior from obtaining a firearm. While a person who is sentenced to more than one year in prison cannot obtain a firearm, all those who are sentenced for less than one year are still eligible. This means if a person is sentenced to a lesser degree assault charge and jailed for 90 days, they still are able to pursue ownership of a weapon after release.

The bigger flaw within the background checks regards firearm sales to those who have been deemed mentally ill or unstable. The problem is the lack of documented records the FBI database has on people who are mentally ill, though. The shooter in the Virginia Tech Massacre, Seung-Hui Cho, was able to purchase a firearm even though a court found him to be a danger to himself in 2005. Many would argue that Loughner would fit the profile of a person who was mentally unstable based on his drug abuse in 2007, yet he still was able to purchase a weapon.

While there has been legislation passed to try and keep records more updated and keep guns out of the wrong hands, these checks are lacking.     

The only appropriate solution is to have rigorous background checks and to have the most updated records possible. There also must be a concentrated effort by the FBI to have fewer cracks for illegal buyers to slip through. If these efforts are not made, then these types of tragic events are going to continue to occur.

Bryce Osman is a junior political science major from Jefferson City, Mo.

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1 comments Log in to Comment

Robert
Fri Jan 21 2011 15:04
What you seem to be suggesting is that there should be some kind of law enforcement database of people who are mentally ill.

Really?

How would we know who���������s mentally ill?

Should anyone who sees a therapist have to register as mentally ill? Might this discourage people from seeing mental health help should they need it?

Should therapists be required to report their patients? If so, would it be all patients? Or would it be only those that the therapist deems ���������dangerous���������? What if the therapist is wrong? What if someone has seen more than therapist and the therapists disagree? And how does all of this affect doctor/patient confidentiality?

What if someone did in fact have serious mental problems, but overcame them? How do they get off the list? Or could they ever get off the list?

If we did prohibit someone from purchasing a gun because they had a negative report in some ���������National Mental Health��������� database, how do we justify that constitutionally? That would be denying someone their civil liberties even though they haven���������t committed a crime���������just because we���������re afraid they MIGHT commit a crime.

And if we go that route, where does it stop? Do we deny those same people drivers licenses because they might run someone over? Do we restrict them from public swimming pools because they might drown someone? Do we restrict them from voting because they might vote ���������crazy���������?

Every time there is any kind of tragedy it is a knee-jerk (but very natural) reaction to say ���������How can we prevent this in the future���������. But the truth is, sad as it may sound, some times the only answer is ���������we can���������t��������� or even ���������we shouldn���������t because the cost to society would be too high���������.

Might some kind of law enforcement database of mentally ill people have stopped this shooting? Maybe. If Loughner had been reported. Then again, maybe not. He might have just stolen a gun or bought one on the black market or made a pipe bomb instead.

But even if some such law and some such database had been in effect and had prevented this shooting, at what cost to a free society?

We always think of veterans when we talk about people dying to preserve freedom. We use expressions like ���������Freedom isn���������t free���������.

Unfortunately, sometimes it���������s also civilians who die to preserve freedom. They die because we have a choice. A choice between a free society and an un-free one. We can have a society where we have privacy, where we have liberties that can���������t be taking away from us if we haven���������t broken the law, but where sometimes bad things will happen to good people. Or we can have a society where our privacy, our liberties, our rights are abdicated in the hope that this additional power given to the government will be used to keep us safe from harm.

Historically, governments with more power have CAUSED their citizens far more harm than they have prevented.

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