On the one hand, some believe that the Amendment's phrase "the right of the people to keep and bear Arms" creates an individual constitutional right to possess firearms. Such language has created considerable debate regarding the Amendment's intended scope. So, while this package certainly isn’t as bad as it could have been, it’s also far from a good thing.The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." We won’t know, however, until there’s an actual bill. It’s entirely likely that the less controversial parts of the measure-increased mental health efforts, heightened school security, etc.-could cause significant issues as well. Those are just a few of the more obvious issues. In other words, those under 21 will be treated even more like second-class citizens when it comes to their constitutional rights.īut is that everything? Hardly. The Senate’s deal doesn’t allow that extreme amount of abuse, but it does tack on another 10 days if there’s something suspicious about what NICS does uncover. It’s a little something that helped alleviate fears that the background check system could be used to stall out checks indefinitely, thus keeping people from buying a gun. Additionally, the deal calls for allowing NICS to extend the waiting period on a background check.Ĭurrently, if you haven’t received a “yes” or “no” from NICS within three days, you and the gun dealer are able to consider that a passed background check. This is especially problematic because there’s little evidence that mass shooters tend to have juvenile records. In other words, if you screw up when you’re 12 and do something very stupid, your records wouldn’t really get sealed when you reach the age of majority anymore. The deal calls for the NICS to include youth mental health and juvenile criminal records as part of the process. (This is a compromise measure meant to satisfy those who wanted to blanketly raise the age to buy any gun to 21 across the board). However, if that second-class status wasn’t enough, now those between the ages of 18 and 21 will also have to undergo additional scrutiny during their NICS background check while purchasing other types of guns. For one thing, you can’t buy a handgun until you turn 21. When you become an adult, you supposedly have all your constitutional rights, but you really don’t. Under a background check review, the National Instant Criminal Background Check System would have to also contact state and local law enforcement to search for any disqualifying mental health or juvenile records, according to the Democratic aide.” Enhanced Background Checks for Those Under 21ĬNN: “ The other major change in the legislation is issuing a more thorough review process for people between ages 18 and 21 who go to buy a gun like an AR-15. Driving a car through a crowd, for example, can be even more devastating than a mass shooting.Īs such, red flag laws should be a non-starter, but it looks like various states will be “encouraged” to embrace them nonetheless. Guns get taken, but as we’ve seen elsewhere, there are many ways to hurt innocent people. Folks affected do eventually get their day in court, of course, but only after they’ve had their guns taken by police.Īdditionally, red flag laws don’t do anything about the supposedly dangerous person themselves. Red flag laws are incredibly problematic because they deprive people of their Second Amendment rights while also depriving them of due process.
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