Gun Safety Act-The FACTS
Welcome to the FACTS about the Gun Safety Act of 2010. This page should help you to think about how you feel about this bill.
Brian Frosh has sponsored SB645. This bill would fundamentally change gun ownership laws for regular citizens, but would do nothing to stop criminals because they don't obey the law to begin with.
SB645 effectively provides gun registration, in that the police will have records of every gun sale done in Maryland. It will require gun owners to carry a "Star of David" style designation on their driver's license opening them up to discrimination. Although this bill says "Gun Safety" it does nothing to solve the problem except make it harder for law abiding citizens to own guns. It does NOTHING to make it harder for criminals to own guns, because they don't obey the law to begin with.
It does NOTHING to fix the problems of crime in Baltimore, because the problem isn't guns. The problem is criminals who break the law. The problem is a justice system with a revolving door that lets people who commit serious crimes off. The problem is a culture that promotes not helping the police. Even the Baltimore City police chief has said this.
But in the end, those are hard problems to deal with. It is much easier to harass honest people and call it "safety."
Let's look at some key points of the legislation to understand what it is about.
Highlights:1. An individual with more than one DUI conviction may not purchase a firearm within 5 years after an alcohol-related conviction.
Response: A DUI is usually not considered a felony. This would significantly expand the number of people who would be unable to purchase firearms. Even the Supreme Court has ruled DUI can not be considered a violent felony. As the author of this site, I believe that felons should not be allowed to own guns, but the law should not be abused. DUI is wrong, but it does not, in my opinion, forfeit your ability to own guns.
2. Maryland State Police shall inspect each state-licensed gun dealer at least once every two years to ensure compliance with gun law. Cost of inspection shall be covered by licensing fees, which may be increased as necessary.
Response: Licensed dealers already pay significant fees in insurance and licensing to the Federal Buraeu of Alcohol Tobacco and Firearms. Additionally, the ATF inspects there books yearly to insure compliance. Penalties from the ATF for violations are severe. Raising fees could potentially force people to close. Gun dealers create jobs and tax revenue. In this current economic climate, do we really need more unemployment?
The ATF is very strict when it conducts its audits. While adding a second layer sounds like a good idea, it is unnecessary and would only raise fees on dealers. Most criminals do not buy there guns from gun shops. The background check and 5 day waiting period make it almost impossible to successfully buy a firearm if you are a prohibited person.
3. Gun dealers shall provide records of their inventories and sales to aid State Police inspectors.
Response: The police would effectively have a record of your purchases. This is significant because purchasing a gun is not illegal. Historically speaking, gun registration is the first step to confiscation. The government cannot take what it doesn't know people have.
Further, this amounts of a violation of your 4th amendment rights.
4. Law enforcement officials may use body-wires to collect evidence against gun traffickers and would be traffickers.
Response: In the text of the bill, everyone is a would-be trafficker. Remember that sale record, the police could obtain warrantless wiretaps just for buying a gun, an act that is not illegal to begin with.
Additionally, the police could record conversations at the gun range or a simple conversation at work could result in being wiretapped. Why should the police be allowed to warrantless wiretap your life for doing nothing illegal.
Our system of laws guarantees the right to innocence before proven guilty. If the police can substantiate a warrant that you are doing something illegal, then there is no problem with the wiretap. This law gives the police the power to wiretap without a warrant, thus allowing them to violate the 4th amendment.
5. Penalties for illegal sale or transfer of firearms increased from 1 year, $1,000 to 5 years, $10,000.
Response: There is nothing inherently wrong with this, except the previous text of the bill treats everyone as a criminal. There is no provision for something who makes a mistake and does not act with malice and forethought.
6. Ignorance of the requirements to conduct background checks of firearm purchasers shall not be a defense for individuals charged with illegally selling guns.
Response: Ignorance of the law is already not a defense.
7. Individuals buying handguns shall secure a handgun purchasing license before acquiring a handgun. Licenses may be issued by local police or Maryland State Police. Police shall secure fingerprints, verify IDs, and conduct background checks. Licensing fees shall be set at a level to cover costs.
Response: This is the worst part of the bill. It creates a massive record of every firearm owner, and requires you to pay for your right to own firearms. Firearm owners, who will obey this law, are not the threat to begin with. Do you really think a criminal is going to go to the police and obtain a firearms ID card?
Additionally, branding someone's driver's license is no different than Hitler putting a Star of David on the Jews. Being Jewish wasn't illegal, and owning a firearm isn't illegal. You are required to show identification so many times, imagine how many opportunities people could have to discriminate against you. If your prospective boss hates guns, and he sees your ID, he could find a reason not to hire you. Additionally, what is on your DL? Your address. If I am a criminal and I find your wallet, I instantly know where I can go to get guns. In our current system, I would have no way to know you owned guns or not.
8. Felons illegally possessing any firearms shall be subject to a maximum penalty of 20 years in prison.
Response: That is great. Except 1.) It says maximum and 2.) We already have laws requiring harsh sentences for gun crime. The problem is that they are not enforced. Murders can be back on the street in 10 years, attempted murders and robbers can be back on the street in 2-5 years. Even the chief of police for Baltimore city reports that the problem isn't guns, the problem is repeat offenders. Baltimore's justice system is a revolving door, and harassing honest citizens isn't going to do anything to change that.