The Biden Administration’s Model ‘Red Flag’ Law Belies the Justice Department’s Avowed Commitment to Due Process

“Due process protections are especially important when the government contemplates taking away someone’s constitutional rights based on inherently iffy predictions about what he might otherwise do. The risk that someone will use a firearm to kill himself or others, however small, is apt to loom larger in the minds of judges than the risk that he will unjustly but temporarily lose his Second Amendment rights. Given that reality, legislators have an obligation to make sure that red flag respondents have ample opportunity to challenge the claim that they cannot be trusted with firearms.”

The Feds Can’t Compel States to Enforce Restrictions on Guns or Immigrants

“Contrary to what the Times reported, that policy is not “legally shaky.” It relies on the well-established anti-commandeering doctrine, which says the federal government cannot compel state and local officials to enforce its criminal laws or regulatory schemes.

That doctrine is rooted in the basic design of our government, which limits Congress to a short list of specifically enumerated powers and leaves the rest to the states or the people, as the 10th Amendment makes clear. That division of powers gives states wide discretion to experiment with different policies, some of which are bound to offend the Times.

The paper suggests that defending state autonomy is disreputable, because that argument was “deployed in the past in the South to resist antislavery and civil rights laws.” But federalism does not give states a license to violate rights guaranteed by the Constitution or to flout laws authorized by it.

Although the Times tries to tar the anti-commandeering principle as racist, the same basic idea was a crucial weapon for Northern states that refused to help the federal government enforce the Fugitive Slave Act. Today that principle likewise means that state and local officials have no obligation to participate in the “deportation crackdowns” that the Times decries.

Similarly, the ongoing collapse of marijuana prohibition—a development the Times welcomes—would be impossible if states were obligated to participate in the federal war on weed. While both progressives and conservatives might wish that federalism could be limited to achieving results they like, that is not how constitutional principles work.”

The case for requiring gun licenses

“the evidence on the effects of universal background checks and assault weapons bans is pretty weak. Several studies in recent years have found that universal background checks, at least on their own, don’t seem to have a big effect on gun deaths. Similarly, the research on assault weapons bans, including the national ban that Biden helped pass in 1994, found they have little effect on gun violence, largely because the vast majority of such violence is committed with handguns.

But there’s some solid evidence that a license system reduces gun deaths. A 2018 study from researchers at Johns Hopkins University found that universal background checks alone correlated with more gun homicides in urban counties, while license systems were associated with fewer gun homicides. Other studies have similarly found that license requirements lead to fewer gun deaths.”

“In Massachusetts, one of the few states with a license system, obtaining a permit requires going through a multi-step process involving interviews with police, background checks, a gun safety training course, and more. Even if a person passes all of that, the local police chief can deny an application anyway. That creates more points at which an applicant can be identified as too dangerous to own a gun; it makes getting and owning a gun harder.”

More Than A Dozen States Are Trying To Nullify Federal Gun Control

“a legal doctrine known as anti-commandeering, which has been upheld in five Supreme Court cases from 1842 to 2018. It holds that the federal government can’t require states and localities to participate in the enforcement of federal laws.”

Myanmar Protests Show an AR-15 Will Protect a Lot More Freedom than a Slingshot

“What good is an AR-15 against an oppressive government armed with tanks and bombers? That’s the question gun owners often get asked, as if the destructive power of the modern state is a mic-drop argument against private weapons ownership. That might be a bit more convincing if resistance fighters didn’t repeatedly go up against well-armed troops with whatever weapons they can make or scavenge in hopes of gaining breathing room and forcing change. Sometimes, they even win, and their chances would undoubtedly be better if they had better tools at hand to begin with.”

“Despite endorsement for resistance efforts from the pro-democracy shadow government facing off against the ruling junta, Reuters emphasized that a loosely organized group “[a]rmed with a few hunting guns made by village blacksmiths, catapults, some airguns and Molotov cocktails … were no match for forces hardened by decades of conflict and equipped with combat weapons.”
But, despite the paucity of their arms and training, the fighters gave government forces a day-long battle. They had to turn, at least for the time being, to makeshift weapons because the regime spent years trying to keep the population disarmed so that it wouldn’t have to face serious resistance.

“In Myanmar, civilians are not allowed to possess any firearms,” notes the University of Sydney’s GunPolicy.org.”

6 Bold Ideas for Gun Reform That Could Actually Happen

“People who attempt suicide with a gun die nine times out of 10, whereas other common means (such as cutting and overdose) are much more survivable. That’s why the New York Secure Ammunition and Firearms Enforcement Act of 2013 (New York SAFE Act) directed mental health professionals to report suicidal patients to a state agency, which could subsequently seize any guns they might own, and add their name to a “no buy” database for five years. Even in New York, though, this provision is controversial and has faced repeated court challenges. We shouldn’t expect to see similar legislation proliferating across the country anytime soon.

Instead, suicide prevention activists have been trying to cultivate a culture of community responsibility among gun owners, asking them to reach out to friends in crisis with an offer to store their guns after a divorce, job loss, death in the family or other trauma. The idea of letting your neighbor or your hunting buddy lock your gun up in his safe for a while might be more palatable than handing it over to the sheriff. Suicide prevention groups have partnered with gun shops and shooting ranges, first in New Hampshire and now in 11 other states, to spread the idea through posters and pamphlets.”

“Many states have gradually lowered the bar to obtain a permit to carry a handgun in public places. The trends have been toward fewer hours of classroom instruction (reduced in some cases to zero), eliminating shooting requirements at the range, and lowering fees. Tennessee now offers a gun carry permit course that can be completed entirely online. Other states, such as Kansas, have eliminated licensure altogether. When Texas lowered training standards for its concealed handgun license in 2013 to just four hours of classroom instruction, lawmakers said that there simply wasn’t enough material to justify the 10 hours previously required. Typical curriculum covers operation of a firearm and some guidance about where and when it might be appropriate to use it. Some gun violence prevention advocates would like to see the curriculum expanded to include strategies in de-escalation, risk avoidance, safe storage and first aid.”