Looks like there’s some problems with the Tenneesee Instant Check System. Just in case anyone from TBI is reading this, my consulting fee is 150 an hour, plus travel expenses. It is possible to set up a database system that doesn’t go down. You just need to hire the right people. Wait, this is a government job isn’t it? I think there might be some continuing maintenance fees I can throw in there.
But seriously, this is a good example of how the instant background systems, because they act as a prior restraint on the exercise of a fundamental right, are infringing. Systems can always go down, or be unreliable. In the mean time, if Squeaky had a violent ex boyfriend after her, she’d be in danger and unable to defense herself.
I do think we are stuck with having some kind of background check system, and I’d be very surprised if the court’s invalidated it, even under strict scrutiny. The lesson here for people is not to wait until you’re in danger to take steps to look after your personal safety. The time to do that is now. The criminal can always buy a gun off the streets, or do a straw purchase, if in quick need of protection. The lab abiding do not have that option. We must work with the bureaucracy.
While the anti-gun folks would like to say the instant background checks are not infringing, tell that to any scared woman right now dealing with a violent ex who might be trying to buy a gun in Tennessee, or a merchant who may be getting threats from the local street urchins in Memphis, and suddenly find himself not wanting to be a 911 call and 20 minutes away from any real protection.
