Another Path to Safer Gun Legislation
We suggest “semi-automatic” guns not be banned, but regulated, just as machine guns and sawed–off shotguns have been for the last 80-plus years.
October 05, 2018 at 11:59 AM
3 minute read
Feb. 14, 1929, began in Chicago like any other Valentine's Day holiday; men and women affirming their affection, a cold wind blowing through the city and the prospect of several more weeks of winter ahead. It ended with seven bootleggers cut down by Thompson submachine guns in the back of “Bugs” Moran's garage. Chicago was shocked and the county horrified. Over the next few years the likes of Bonny and Clyde, John Dillinger and Baby Faced Nelson all used machine guns to support careers of crime and murder. Machine guns were legal and easily obtained.
National outrage led to the National Firearms Act of 1934. The act regulated machine guns, sawed-off shotguns and several other kinds of firearms. It did not outlaw them, but tightly controlled the circumstances under which they could be possessed by private citizens. Among other things, it required an extensive background check that included submitting photographs and fingerprints and payment of a then-substantial registration fee. Its effect was not to eliminate machine guns or sawed-off shotguns, but it did limit their availability and use.
Today, we watch our children being massacred in schools and attacked at movie theaters and rock concerts, yet the country does nothing to regulate the weapons that have caused this seemingly ceaseless slaughter. We argue about the purpose and intent of the Second Amendment; a constitutional provision designed to protect the rights of law-abiding citizens, not the power of disturbed people intent only on bringing death and injury to the most innocent members of our society.
Powerful guns designed to hurl large amounts of ammunition at a target as quickly as a trigger can be pulled are bought and sold with little or no regulation; with less apparent regulation than we apply to pharmaceuticals or Volkswagens. Demands to ban “assault rifles” miss the point; are futile and impractical. In the first place, defining an “assault rifle” is much like defining pornography or holding mercury in your hand. Precise definitions of the item lead to minute changes in manufacture that put the product outside the definitional scope. And the term “ban” runs right into the Second Amendment and triggers eschatological arguments about individual rights and government power.
We suggest another path. We suggest that Connecticut or the federal government focus not on impossible-to-define “assault rifles,” but on much more easily defined “semi-automatic” guns. We suggest that these weapons, whether long gun or pistol, not be banned, but regulated, just as machine guns and sawed–off shotguns have been for the last 80-plus years. Impose registration, deep background checks, hefty ownership taxes and requirements for demonstrated, thorough training and proficiency as conditions to ownership. Those who currently own such firearms could chose to register them under the new standards or turn them in to the authorities for an appropriate amount of compensation. We believe that such an approach would survive judicial examination under even the strict scrutiny test of constitutional law.
There can be no more fundamental government responsibility than protecting innocent lives, particularly the lives of our children. Regulation of semi-automatic firearms rather than prohibition and confiscation is an effective way to protect these interests and balance the rights of legitimate sportsmen and women who wish to continue to acquire and use these guns for target shooting or hunting.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllADVANCE Act Offers Conn. Opportunity to Enhance Carbon-Free Energy and Improve Reliability With Advanced Nuclear Technologies
Trending Stories
- 1The Pusillanimous Press
- 2Contract Lifecycle Management Company ContractPodAi Unveils Leah Drive
- 3'Great News' for Businesses? Judge Halts Transparency Mandate
- 4Consilio Announces ‘Native AI Review,’ Expanding Its Gen AI E-Discovery Offerings
- 5Federal Judge Hits US With $227,000 Sanction for Discovery Misconduct
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250