A Perfect Example of Why Pure Democracy is Flawed

In the Federalist Papers, James Madison warned of the "tyranny of the majority". He said that the Constitution, with its defined checks and balances, would prevent such a perversion of our form of democratic rule.   Thomas Jefferson said that "Democracy is nothing more than mob rule, where 51% of the people may take away the rights of the other 49%."

Inconsistent with the beliefs of both of those Founding Fathers, there is now a trend to take issues to the public in the form of ballot initiatives. Initiatives that wind up on the ballot with just a few thousand signatures.  Initiatives that lack legislative debate and expert testimonies and questioning. And, initiatives that that can be passed into law with the slightest of margins by an ill-informed and/or uniformed electorate.

In my opinion, a ballot initiative in Nevada, called Proposition 1, is a perfect example of what Madison and Jefferson were concerned about.  Proposition 1 requires that, with little exceptions, all gun transfers between private parties be subject to a federal background check by the FBI.  Only 55,250 signatures got the initiative on the ballot in November, and it won by garnering just 50.45% of the popular vote.  In other words, only 9,899 votes passed it into law.  Therefore, gun owners in the state were being subjugated by the slightest of majorities.

Now, because of the lack of forethought and thorough investigation, the initiative is in trouble. The FBI has said it will not process background checks between private parties because that would be inconsistent with the Brady Bill; the very federal law that established background checks in the first place.  Quite frankly, the FBI would need increased funding and manpower to do so. This, then, leaves the State of Nevada with the only option of establishing its own background check system which, in itself, could be flawed because it may not be able to include crimes committed in other states.  I doubt very seriously that the FBI will allow states access to its own background check database for both cost and security concerns.  Further, there will be a cost to the state of Nevada to establish their own system.   Something never considered in the original ballot initiative.    In addition,  all the law enforcement agencies in the state will be required to enter data into another background check system; placing an additional burden in many of our already over burdened police.

Simply speaking, we should not be putting initiatives on ballots without due consideration of what its consequences will be.  Not even to mentioned, of course, is the fact that "only law abiding gun owners" will comply with the law.  Because of that, there is no reasonable expectation that increased background checks will even marginally reduce gun violence in the State.  Putting initiatives on ballots just because they "sound good" will  continue unless state legislatures take steps to reign them in.

References:

Nevada's voter-OK'ed gun background checks blocked: http://www.rgj.com/story/news/politics/2016/12/28/nevadas-expansion-gun-checks-blocked/95924384/

Signature Requirements for Ballot Measures by State: https://ballotpedia.org/Ballot_measure_petition_deadlines_and_requirements,_2016

Thomas Jefferson on Mob Rule: https://www.google.com/search?q=thomas+jefferson+democracy+mob+rule&ie=utf-8&oe=utf-8

Madison on Tyranny of the Majority: http://billofrightsinstitute.org/founding-documents/primary-source-documents/the-federalist-papers/federalist-papers-no-51/

Obama is the Gun Industry's Best Salesman

In 2009, the Congressional Research Service estimated that Americans had 310 million firearms.  Since then, and since Barack Obama has been in office, there have been 129.6 million background checks conducted; with the vast majority done on new weapons being sold.  Thus, under Obama's watch, there has been a 42% increase in the number of guns purchased in just 7 years.  Quite the record.

Smith & Wesson, Remington, Ruger and the rest of the gun manufacturers are really going to miss this President when he leaves office next January.  Of course, he still has another year before that to improve on his 42% record.  Probably close to 50%. 

References:

Number of Guns in U.S.: https://www.google.com/search?q=number+of+guns+in+the+u.s.&ie=utf-8&oe=utf-8

FBI Background Check Statistics: https://www.fbi.gov/about-us/cjis/nics/reports/nics_firearm_checks_-_month_year.pdf

Smith & Wesson stocks peak, gun sales rise amid Obama's actions on firearms: https://www.rt.com/usa/328037-smith-wesson-gun-stock-sales/
 

The Myth That Too Many Guns Are Being Sold Without Background Checks

If you're a gun control advocate, you most likely believe that the current amount of gun violence is a direct result of too many guns being sold without background checks.  However, the FBI statistics throw cold water on that argument.

Since the FBI started conducting the National Instant Criminal Background Check System (aka NICS), under the Brady Bill in late 1998, more than 220 million checks have been performed at the time of firearm sales:

Click on image to enlarge

There are now an estimated 270 to 310 million guns in this country compared to approximately 90 million in 1998, when the checks began. Therefore, at least 100% of the guns sold (primarily as new) were given background checks.  Of course, this is not to say that there aren't guns  being transferred between individuals as gifts, private sales, or inheritances, that aren't required to get background checks.  But, statistically, it is a little hard to believe that as many as 40% of the 310 million guns in this country, or 124 million, never received background checks because of individual transfers; as some gun control advocates would have you believe.

The simple reality, is that the gun background check system is working for the vast majority of firearm sales in the U.S.. Increasing checks for personal transfers is not going to take the many stolen guns off the streets that ultimately find themselves in the hands of criminals. Nor, will it stop those who may become dangerously mentally ill many years after a gun purchase. Nor, are increased background checks going to stop the near 90% of all violent crimes in this country that don't involve guns.

References:

FBI: NICS Stats: https://www.fbi.gov/about-us/cjis/nics/reports/nics_firearm_checks_-_month_year.pdf

CNN: Polls: Gun ownership declines, support for less gun control on the rise: http://www.cnn.com/2015/06/19/politics/gun-ownership-declines-support-for-less-gun-control-on-the-rise/

Guns and Crime: http://www.gunfacts.info/gun-control-myths/crime-and-guns/

Property Crime has been reduced as handgun supplies increased: http://www.gunfacts.info/wp-content/uploads/2013/09/CRIME-AND-GUNS-Property-Crimes-and-Handgun-Supply1.png

Clinton's claim that 40 percent of guns are sold at gun shows: https://www.washingtonpost.com/news/fact-checker/wp/2015/10/16/clintons-claim-that-40-percent-of-guns-are-sold-at-gun-shows-and-over-the-internet/