Shall Not Be Questioned

Miguel points out that the Brady folks seem to be celebrating that they get it right half the time, because NICS has stopped 2 million transactions, and 1 million of them were felons! Now, it may be that that the other million are prohibited misdemeanants. That can happen if the misdemeanor is a domestic conviction, or it’s a misdemeanor that carries a possible sentence of more than two years in prison. These are also people unlikely to realize they are prohibited persons when they go to purchase a firearm, so I wouldn’t be surprised if they are overrepresented.

I seem to recall some analyses of NICS denials, that I wish I could find now, said that about 5% of NICS denials are appealed, and on appeal about half of those denials are overturned. How many people are getting unjustly denied by the background check system but never bother appealing to see if the data is erroneous? In truth we can’t know, but I doubt the number is zero. Many of those improperly denied may know they had been in trouble with the law before, but have their convictions erroneously classified as prohibiting offenses when they are not. Those types may not bother.

I’m sort of resigned to the fact that we’re going to have to live with some amount of gun control, and as gun control goes, the instant check system isn’t the worst of all things to have to live with. But just because I’m resigned to having to tolerate it, doesn’t mean I think it’s effective. Hard core criminals are going to get guns no matter what. I have little doubt that NICS has stopped some criminals from getting guns, but what kind of criminals? If you’re in a gang, in the business of selling drugs, or have an interest in robbing people, I’m not convinced that failing a background check is where your quest for a gun is going to stop. How many of those 2 million denied purchasers went on to buy a gun out of the back of a van? How many of them just had a girlfriend straw purchase a gun for them?

The Bradys always seem to be relatively horrified we don’t support these “common sense” measures. Maybe because there’s no evidence they are really making society any safer. To a woman trying to defend herself against an abusive ex-husband, it’s going to be little comfort to her, while she’s defenseless awaiting her NICS appeal, that the system gets it right most of the time.  We generally don’t tolerate those kinds of prior restraints when it comes to other constitutional rights.

According to anti-gun groups in Connecticut, we could end violence with more gun control. How do they want to get more gun control? Give felons behind bars the right to vote to control the rest of us.

The National Rifle Association and rogue gun stores are two of the culprits causing gun violence to increase, the executive director for Connecticut Against Gun Violence said Saturday, adding that residents must speak up to — or vote out — officials to demand change and save lives. …

James Hanton lamented he can’t yet vote and spur change because he’s still on parole. Tucker and others at the meeting encouraged Hanton and those on parole to continue fighting gun violence and speak with friends and family who can vote about town officials’ actions.

“Stay with the movement and keep fighting,” Tucker said.

Keep fighting for what exactly? From another report of the same gun control group meeting:

“This is what we do,” Sheldon Tucker jumped in. … “Part of what we’re doing right here. A lot of the work that we did is the reason people on parole can vote. It wasn’t like that years ago, so we got together and we fought and we fought and we fought,” he said, punching one fist into the other open hand for emphasis. “Until you can vote, still become a part of that movement. And then maybe, people on parole can vote; people in jail can vote,” he concluded to many murmurs of agreement.

When I read these articles, and I look up the records that show James Hanton convicted of burglary and larceny on multiple occasions that caused a couple of juries of his peers to demand he be locked up for 3 1/2 years, I really wonder how the leaders of groups like Connecticut Against Gun Violence can say with any sort of straight face that the NRA is to blame for crime in this country. For what it’s worth, Hanton is out on the streets after less than two years in jail. You’d think he’d see good in the fact that he’s out of prison rather than whining that he can’t vote yet.