immigration/ border controlORgun control / Mandatory background checks

Name
Instructor
Course
Date
Gun control and the mandatory background check
Introduction
In the United States of America alone, at least 22 percent of the citizens own one or two guns with the majority of the owners being men than women. It then means that in every 100 people, there are 88.8 guns or simply the country enjoys citizenry gun ownership of about 270 million, one of the highest number of gun ownership in the world (Parnell, William, 2). Though the data on gun ownership is worrying, the culture of gun ownership seems not to be a modern issue, but it has the revolutionary roots stemming from the colonial history. The question as to what it means for the massive gun ownership not just in the United States alone lies in the whole discussion on the gun control and the policies involved. There are many policies intended to control the gun ownership by the citizen, and one such policy is the mandatory background check policy. Therefore the question of the effectiveness of gun control and the mandatory background check policy has been the topic of discussion among the people and organizations leading the public debate.
Gun control
The whole essay rotates around the public discussion on the gun control creating its basis on the mandatory background check policy as one of the policies meant to guide gun control. However, for the health discussion, background knowledge about the gun control and the mandatory background check policy is inevitable. Gun control involves the steps taken to regulate the manufacture of firearms, firearms use, possession, transport, and trade with much regard to the small arms (Parnell, William, 3).

The regulation of gun ownership or the gun control system is applied relatively from a country to another depending on the perception of the particular country on the ownership. For instance, in the US, the survey has revealed gun ownership as the basic right of the civilians. The different view on the issue of gun control caught the diplomatic attention at the international and regional level. The United Nations Economic and Social Council (ECOSOC) took the first step to this effect to settle the issue of gun control when it adopted some resolutions regarding the gun ownership by the civilians. It adopted the various regulatory frameworks to be adopted by the countries when controlling gun ownership.
Mandatory background check
On the other hand, the mandatory background check policy is intended to identify the individuals who are unfit to purchase the small firm arms, and they are prevented from obtaining the firm arms with them. The policy aims at preventing unnecessary and tragic dangers caused by these guns including the gun deaths in the country. The policy was enacted in 1993 targeting the firearms dealers who are licensed by the federal government to conduct background checks on all those intending to purchase firearms. The National Instant Criminal Background Check System (NICS) was created by the FBI to oversee the implementation and compliance of the policy. The NICS contains records that are centralized and contain the national tree databases that are separate. All the criminal and the mental status information is contained in the check system. There are also civil orders including the domestic violence restraining orders that have been entered against the individuals and any other important information that may be necessary for determining the eligibility of those individuals purchasing or possessing guns.
Proponents’ arguments
After the enactment of the policy, many individuals and organizations have come forth either in defense or accusation of the mandatory background check policy as a measure of gun controls. These groups range from the political class, religious leaders, business partners, educators as well as the individuals in the private capacities. The proponents of the policy cite suicide and murder where the gun owner may inappropriately use the gun to kill him or herself or shoot others. On the other hand, the opponents to the mandatory background check policy cite the civil right, public and individual protection as the main reason why people should be allowed to have guns without the restriction to their individualized incapacities and gun ownership and purchase eligibility (Parnell, William, 10). Organizations like Brady Campaign and the Law Center to Prevent Gun Violence have been in the front line fighting for the implementation of the mandatory background checks policy. The organization argues that if only 60 percent of the guns sales will undergo the background checks while the rest remain unregulated, then dangerous people will find it very easy to obtain these dangerous weapons.
Assemblyman Rob Bonta, a lawmaker from the California state recently came for the support of the background check policy when he introduced the bill that intended to curb suicide commitment among the gun owners. The bill according to Bonta would help those who are at the risk of committing suicide to submit their names to the background check office of the state. The intended amendment as proposed by the legislature came time to boost the background check policy that was already in place. The intention of the bill is to have as many people as possible who are eligible for firearms possession and purchases register with the check office since the process is confidential and seeks anonymous. Based on the data presented by the Bonta’s office, in 2015 alone in California, gun suicides claimed over 1000 lives. The further report from the Bonta’s office indicates that those who commit suicide in California, the majority do so in the first week after they purchase the firearms. He says that most survivors of gun suicides impulsively regret though guns are lethal and it is hard for them to allow for the second chances. Bonta says that based on the research that has been done; there exists a correlation between the gun purchases by the eligible persons and the suicidal actions. He, therefore, says the background check policy enhances on the life saving by minimizing on the suicidal deaths. Ari Freilich, the director of affairs of the California legislative also is a strong supporter of the background check policy citing promotion of health and safety of the people in moments of clarity and calm.
The International Association of Chiefs of Police (IACP) is one of the organizations that has come to the support of the background check policy. The IACP claims that unlicensed sellers fail to carry out the mandatory background check for the buyers who often may be prohibited from possessing the gun anyway. Once such prohibited individuals end up obtaining the gun from the unlicensed sellers, they end up using the illegal firearms in gun violence and gun crime (Parnell, William, 7). The International Association of Chiefs of Police (IACP) acknowledges the importance of the mandatory background check policy but records its concern on the unlicensed sellers who do not pass all the gun buyers to the background check. This failure gives a through pass to those dangerous individuals with deadly consequences to obtain guns easily and ends up committing killings and other forms of destruction. For instance, in 2012, a gunman who had been prohibited from purchasing a gun because of the domestic violence-related order went and obtained one from a private seller online and killed his whole family in Wisconsin. IACP in their conclusion adds the boost to the mandatory background check policy by calling upon the legislative to ensure that more supportive laws are needed to make sure only licensed sellers to sell and transfer guns so that all buyers undergo the background check to prevent more killings.
Researchers on crime have as well proposed for the requirements of the background checks terming it as an extremely effective way to keep guns out of the dangerous. To offer support for the policy, they cite the data from the federal background check system, NICS. The data shows that since then, over 3 million of those people who were prohibited from possessing or purchasing guns were the domestic abusers, convicted felons, dangerous mentally- ill people and those who otherwise could have accessed the guns could have caused a lot of harm. The same data, especially of different states, have indicated the effectiveness of the mandatory background check policy to saving of lives. For instance, Centers for Disease Control and Prevention says that those states that required background checks before any handguns are sold or permitted had fewer deaths of 35% than those states which do not have the background checks. Again, based on the research, the same states with background checks to all who intend to buy guns experience less than half of the number of the mass shootings compared to the states that do not require the background checks. The same results were reflected in the domestic violence the gun suicides.
Another organization by the name Johns Hopkins researchers throws its weighty support to the mandatory background check policy by citing negative impacts realized after Missouri repealed the backgrounds checks policy. The organizations state that following the repealing of the policy led to an increase in the rate of murder at 14% through the year 2012. At the same time, the firearms homicide rates increased. The increase in these criminal activities in Missouri increased as other states the criminal activities were declining after they had implemented the background checks for handgun acquisition. Johns Hopkins compares Missouri’s situation to that of Connecticut where they found that the situation there is completely different following the implementation of the policy requiring all handgun applicants to undergo backgrounds check. The state was able to record reduction in a firearm-related homicide rate of 40% and other crime reduction. Therefore, in support of this policy, Johns Hopkins cites various research on this respect.
The lawmakers have been at the frontline of supporting the mandatory background check policy by involving in high- profiled meetings aimed at discussing the policy’s merits. Chuck Schumer, the New York Democratic senator, has been overheard saying that universally implemented background checks policy is one proven and effective step that can be taken to reduce the gun violence. He adds that the policy has a good chance of passing. At some time, the former president Obama was at the forefront of the debate when he proposed the tough background checks rules. In a speech in Colorado, the president said that such tougher background checks rules would not try to infringe the right of ownership for the responsible owners but just aims at keeping the guns out of the hands of the responsible people.
Opponents’ arguments
The opposes of the mandatory background checks policy argue that the country already has enough gun control policies and that the background check will not be of any importance. Richard Pearson who is also the executive director of the Illinois Rifle Association is among those who lead the debate claiming the though the laws dealing with the background checks are tough, they only affect those citizens who are the law a binding and carry guns with them (Parnell, William, 17). He further states that this policy has proven to be ineffective since it does not stop criminals who sell the guns from the truck or cars. Also according to the opponents, the government has failed to prosecute those who try buying the guns and are found eligible for the current system. This kind of people normally have a deadly motive and they often never tire, they keep on exploring other ways of getting these guns until they access and possess one or two to accomplish their missions. For instance, in 2010, there were more than 76,000 gun denials based on the checks system. However, those deemed worthy of the prosecution were only 44 people of which only 13 were convicted.
In the year 2004, after the research, the national academy of sciences, gave a back to the policy of the backgrounds checks when the panel of the academy concluded that at no point did the mandatory background checks reduced the rate of crime in the country. The conclusion is consistent with the later studies which still have not established any substantial effects of the background checks. After President Obama endorsed the tougher background checks rules, many critics were on his neck claiming that by supporting the policy, the president disregarded those people who feel threatened. They believe a gun has a big role to play in the life of the owner especially by keeping away the assailants who are after assaulting the gun owner. In fact, many associate the delay in the background checks system to the violent crimes experience such as rape. Surprisingly, even the economists and the criminologists’ claim they have not found any real evidence that associate the background checks to crime reduction.
In fact, if the government goes by the facts, according to the gun rights activist, John R. Lott, gun control using background checks does not at all prevent criminals from obtaining the guns, doing criminal activities or breaking the law. What such policies do according to John R. Lott, is that they take away the guns from those citizens who are law-abiding and give a leeway to the criminals to obtain them. In fact, data obtained between 1982 and 2012 records 62 shootings out of which 49 of the shooters are said to use the guns that were legally obtained. The opponents of this policy base on the data from Bureau of Justice Statistics that was presented in the 2013 report which showed that 37 percent of the prison- Inmates who ever used guns for criminal activities obtained them from the family member or friend. Again, this confirms to what the opponents of the policy believe that background checks do not necessarily prevent crime.
One of the biggest opponents of the gun control intended- policies such as the mandatory background check policy is the National Rifle Association. National Rifle Association in its fight against policies intended to control gun ownership cites the need for the safety of the country by allowing civilians to own guns. The lobby group allocates a good amount of its budget just to influence the congress members to do away with the gun control policy (Parnell, William, 17). The National Rifle Association challenges the background check policy against the current laws on mental defectiveness of an individual. Though complicated, is an equal impulsive issue that deserves the attention of those in charge of implementing this policy. The current laws regarding the classification of the individuals as the mentally- ill and putting them on the prohibited purchase list states that the reporting on the mental health is voluntary. Then if background checks are something to go by, then it means the bodies responsible for this disregard the current law on the mental health. The opponents of the policy argue that the policy goes against what the law entails by classifying individuals as mentally unfit a duty that is only left to the court.
Also among the political class at the front of the debate was the vice president Joe Biden whom despite holding the meeting on gun control and crafting the proposed ions including the background check policy was not convinced that the policy is effective? Joe stated that the suggestion of the background checks was a recurrence of what already exists and has not worked before. The leader said that buyers are already required to undergo background checks before possessing the gun. However, the concern of Mr. Biden is based on whether such background checks have anything to do with prevention of the massive shootings, massacres, murders, and suicide. Joe gives an example of the massacres that had happened at Sandy Hook Elementary school just a month before then where the shooter had not bought a gun for himself.
The revelation by the Joe Biden on the invalidity of the effectiveness of the background checks is in line with what other opponents believe that the policy is quite irrelevant to the current problem the country is facing at hand. They express the current problem of keeping the schools safe. On the issue of the school safety, the National Rifle Association claims that the issue of the safety of the children and the schools is being shoved away with the introduction of the background checks again because it has proved ineffective before. To many especially the gun owners, they believe instead of background check policy, education about guns and the gun safety is more important on avoidance of accidental gun deaths. Organizations such as the Sporting Arms and Ammunition Manufacturers’ Institute have come in defense of this notion claiming that it is only through education and not through gun control that accidental deaths resulting from gun ownership will be avoided.
According to the National Shooting Sports Foundation, shotguns, ammunition and semiautomatic are used in hunting as well as in each year’s target shooting tournament. In fact, the 2013 February Pew research revealed that good representation of those who own guns of 32 percent use these guns for hunting while the 7 percent of the owners use the same for target shooting. Thus, in the perceptions of the National Shooting Sports Foundation, the policy of background checks aims at denying the civilians the right more especially those who hunt and do sporting with the assault weapons.
Other opponents claim that the policy of background check is an infringement not only to the right of gun ownership but as well the right to privacy. For, instance, when doing the background checks, more personal and confidential components stored in the government databases that keep the information on the gun ownership will have to be ascertained. They include the mental history of the person, names, the address, and records on the criminality of the person among other things. The issue also caught the attention of the American Civil Liberties Union that has opposed this policy of the background check as the invasion of the privacy of the applicant of the gun. According to those against the policy of background check claim that gun control has no meaning achievement since fewer people are relatively killed by the gun.
In conclusion, the mandatory background checks policy enjoys wide attention from all the stakeholders ranging from the political class, religious leaders, economists, criminologists up to the educators. All these groups hold different views either for or against the policy. Those who support the policy give reasons ranging from reduction of gun deaths, avoidance of mass murder through mass shootings, protection from assailants and other abusers, self- defense, reduction of criminal activities among others reasons. On the other hand, those who oppose the policy highlight the defects in policy including the inability to curb crime, facilitation of the crime, infringement to the civilian right of ownership and invasion to privacy among other reasons.
Works cited
Parnell, William B. Gun Control : Background, Regulation and Legislation. Nova Science Publishers, Inc, 2009. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=398813&site=ehost-live.