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Head of Everytown: Throw the Book at Them

John Feinblatt is Bloomberg’s chosen leader for Everytown. He was a muckety muck in Bloomberg’s Administration as Mayor of New York City, and has been involved in Bloomberg’s gun control efforts since the beginning. He pens an article in the Daily News, which I will address point by point. The gist of the article is that NRA doesn’t really mean it when they say “enforce the laws we already have,” and so Feinblatt offers his own ideas on what that means:

For decades, though, NRA lobbyists have fought to suppress trace data, even using the federal budget to try to limit intelligence-sharing among law enforcement.

You might recall when that data was freely available before, it was used to target high-volume gun shops for lawsuits with the intent of putting them out of business. It is still available to law enforcement for bonafide investigations. It’s just not available to people like Bloomberg and the Brady Campaign, and they are butthurt about that.

To help catch more murderers and gun criminals, it can also advance an investigative tool called microstamping …

Yes, a tool so great even UC Davis had to admit it was bullshit. Additionally, both California and New York have both passed Microstamping laws, but have yet to issue any regulations about it. Why? Because it’s a bullshit issue and even the bureaucrats know it. I’m a bit disappointed in Mr. Feinblatt here. This is the kind of pie in the sky dreaming I’d expect from the Brady Campaign.

Good old-fashioned communication can boost enforcement, too. Felons broke the law and tried to buy a gun more than 40,000 times last year alone — yet they rarely face any consequences, beyond the gun store turning them away.

This is actually one area I disagree with the NRA on, and one area I’m pretty sure they are mostly sincere in wanting stronger enforcement. The reason most of those felons who tried to break the law aren’t prosecuted is that most of them are non-violent felons who are no threat to anyone. It would be a waste of public resources to prosecute and incarcerate them. If the prohibitions on felons was limited to violent felons, and was part of their conviction, I would have little issue with more rigorous enforcement.

We all know the reason prosecution rates for NICS denials are low, but no one wants to admit it: I’m not all that worried about the dude who gets a NICS denial because a decade ago he cheated on his taxes, and no one else is either. Yet any felony, including tax evasion, regulatory crimes like importing a lobster in the wrong bag, possessing a bald eagle feather, and having a bit too much pot on you will earn you a lifetime prohibition.

There’s actually no federal gun trafficking law, and “straw purchasing” a gun for a criminal is nothing more than a paperwork violation.

This is an outright lie, and it’s one repeated often by gun control advocates. Straw purchasing, that is buying a firearm for someone else, anyone else, is a federal felony with a 10 year prison sentence. Many states have analogue crimes with similarly harsh sentences. The exception is if you wanted to buy a gift for your wife or brother. But if someone gives you money to buy a firearm for them, and you do, that’s a straw purchase. It is also unlawful sell guns to people who are residents of another state without being a licensed dealer. Only Federal Firearms Licensees may ship firearms via common carrier (there are exceptions to this, like shipping a gun to an FFL for repair) out of their home state to a non-licensee. So there is a federal trafficking statute, even if it’s not explicitly called that.

The issue they have, when you really analyze their arguments in this area, is that it can sometimes be hard for the state to meet its burden in prosecuting federal gun law violations. Rather than viewing that as a feature, necessary to prevent ordinary people tangled in the web of non-violent federal crimes, gun controllers have always viewed the state’s burden as a bug, and consistently support weakening or eliminating due process when it comes to gun violations.

6 Responses to “Head of Everytown: Throw the Book at Them”

  1. beatbox says:

    You should submit to DNews as a rebuttal.

  2. FiftycalTX says:

    And how many NICS denials are incorrect? Another reason there aren’t 44,000 prosecutions is that probably 43,500 of the denials are WRONG! And now we need to remind people of Haynes v US that forbids prosecution for not having a background check for felons because it violates their RIGHT to not self-incriminate.

    • Sebastian says:

      We don’t know the actual number, but we do know that on appeal, quite a number of denials turn out to be wrong. I forget the actual numbers, but yes, a lot of the denials will be wrong. But felony denials are probably more “right” than misdemeanor denials, because there’s a lot more grey area with misdemeanor denials than felony denials.

  3. Chas says:

    Gun control is what Democrats talk about to avoid the conversation about criminals who misuse guns. Put their feet to the fire. Whenever they talk about doing something about guns bring the conversation back to doing something about criminals who misuse guns. Point out the grotesque failure of their gun control idea in Democrat-owned Chicago, and ask them when they are going to get serious about murder.

  4. Hjkl says:

    (((John Fienblatt)))

  5. Jacob says:

    NY did not pass microstamping. I killed it back in ’10. We did have ballistic imaging which Cuomo finally got rid of after 11 years with nothing to show for it.

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