Skip to comments.Toomey and Manchinís Slippery Slope (The perils of this 'bi-partisan' gun compromise)
Posted on 04/11/2013 7:15:54 AM PDT by SeekAndFind
Well, assembled sophisticates, youd better pull that extended arm back toward you and rescind the offer of the Martini, for Im about to drop off societys tightrope and out myself as one of those people naïve enough to advance a slippery slope argument in public. And about guns, no less.
Arguendo, lets presume that the much-vaunted Toomey-Manchin compromise makes it out of the Senate unalloyed, and then that it then passes the House with nary a squeak from the right. Lets then postulate that a majority agrees with the president that expanding background checks is a reasonable thing to do redolent of a commonsense approach and that those of us with the temerity to oppose it will be widely painted as extremists. Lets allow, too, that, as promised, the law affords exemptions for in-person private transfers; that it lets family members lend or gift one other their firearms without inviting deleterious consequences; and that it stops happily short of imprisoning free American citizens for permitting others to shoot their guns on their land. For good measure, lets also grant that the bill contains a couple of positive things, including that it would henceforth be legal for an American to buy a handgun outside of his state of residency providing that he underwent a background check. All in all, lets admit that, in and of itself, this bill is not the end of the world.
Does this mean that you should shrug your shoulders nonchalantly and turn to other things? Should you stay at home? Should we presume that qui tacet consentire videtur?
Not on your life.
Alas, there is peril ahead. Why? Because todays exemption is tomorrows loophole. No sooner will the glorious presidential ink have dried on that abject page, than those provisions that were sold a few days earlier as commonsense exemptions the product of bipartisan compromise and other media-tested platitudes will become structural problems, ripe for standardizing. Sure, Congress wouldnt be so gauche as to include A or B or C in their bill today. But have no doubt: Within a few weeks of the bills passage, the eerie progressive silence that has marked this tortured process will be broken, and when it is, legions of prominent gun controllers will take to their feet in order to argue that it makes no sense for there to be exemptions to the almost universal background-check system.
They will cynically inquire as to whether keeping these loopholes open for the industry is more important than the lives of children, and they will profess that the existing system simply cant work without them. Studies will be commissioned to demonstrate that tying off these loose ends is all that stands between the United States and broad sunlit uplands. And, while demonstrating not only that they dont know the slightest thing about guns but that they dont care that they dont, ThinkProgress and Talking Points Memo and Salon will smirk and make oh-so-smug jokes about black helicopters and militias. After all, we already regulate commercial sales, Internet sales, and gun shows, right? This is just a baby step nothing to worry about, wingnuts.
Well be told condescendingly that, when you really think about it, these loopholes are a bigger problem than was the gun-show loophole because criminals arent stupid enough to try to buy their guns from gun shows but they do obtain them via private transfers elsewhere. Hyperventilating themselves onto the republics airwaves, someone will point out that it is downright absurd that it is illegal for a private individual to sell a gun without a background check inside a gun show but that it is fine to do so in the parking lot of the convention center. Ezra Klein will write a celebrated Wonkblog post on the topic. Others will ask why the NRA wants to make it easier for the mentally ill and the criminal to get hold of weapons, and they will insinuate that the country has been taken over by special interests.
And then, when there is another mass shooting which, tragically but certainly, there will be the usual process will be repeated: Democrats will call for the kitchen-sink gun bill that theyve wanted all along, Republicans will oppose it; and, in order to allow some form of compromise to placate a public that is absurdly turned on by craven accommodations, a couple of ostensibly roguish senators will hold a press conference and announce that their plan will plug the remaining gaps too. Nobody is trying to take away your guns, one of them will say, with a lupine smile.
Our politicians will be able to announce that something has been done, the sine qua non of mindless politics. And what will they have done? Theyll have created a vast, murky, uncharted grey area, in which nobody is quite sure what is legal and what is not. Is it okay for me to lend my brother a rifle for more than a week? Not sure. Can I give the man down the street my gun if he spends half of his year in Florida? Not sure. Does advertising a weapon on the Internet but transferring it in person constitute a commercial transfer? Not sure. These rules will, if the past few years are anything to go by, be at the whim of so many the secretary shall clauses, and, inevitably, they will be differently enforced depending on where one lives in the country. This will suit many: Grey areas, as the Left knows full well, are utterly devastating to liberty because law-abiding people are scared of doing wrong. As a rule, if you arent sure and the price for being wrong is five years inside, you dont do it.
Despite the considerable progress at the state level and in the Supreme Court federal gun laws are slowly moving in the wrong direction. Marginally expanding something that shouldnt be there in the first place is no reform at all. I, too, am in favor of standardizing the system: Id like to extend the gun-show loophole to all commercial transactions and Id like to get the federal government out of all gun regulation bar the basic import/export and trafficking provisions that apply to all commercially available products. Of course it should be illegal for felons and the mentally ill to buy weapons; but that is not an argument for the governments regulating the point of sale any more than its being illegal for you to cheat on your taxes is an argument for universal audits or its being illegal for you to beat your wife is an argument for putting Telescreens in every bedroom. It is high time that those serious about the right to keep and bear arms demanded that impediments to its exercise be treated as serious as are obstacles to other rights. Will they? Well see.
By all means back this bill if you believe that its consequences will be trivial. By all means note that it could have been worse. By all means console yourself that you are just giving the president something. But just remember that, tomorrow, it wont be these changes theyre after; itll be the next bunch and they have a very long list.
Charles C. W. Cooke is an editorial associate at National Review.
A system of licensing and registration is the perfect device to deny gun ownership to the bourgeoisie. Vladimir Ilyich Lenin
And Toomey joins the ranks of Beltway-addled pinheads who fail to understand this.
He must have been bought. The DC way.
Power Corrupts and Absolute Power Tends to Corrupt Absolutely.
DC is Absolutely Corrupt.
The Fix is DownSize DC!
What makes Toomey decide he can go against the wishes of his employers?
I listened to Toomey today. He said all responsible gun owners he has talked to are in favor of this common sense approach.
Of course, "responsible gun owners" agree with him. Most of us are not responsible, I guess.
And I call BS. Shame on Sen. Toomey for a.) partnering with a Dim on anything...especially gun legislation and b.) betraying Americans and our God given 2A rights.
Maybe Toomey agrees with Biden...that new legislation and restrictions won't infringe on our Constitution...maybe Toomey and Biden subscribe to a foreign Constitution...not written by our Founders.
I then heard my congressman Meehan say the same thing on a talk radio show.
This is patently untrue since several responsible members of my gun club met with him several weeks ago to express their strong beliefs about these common sense regulations.
Well, I guess we are irresponsible gunowners in his mind. His most ardent supporters are gone forever — it is like the republicans like losing.
To me, it's like the Pubbies don't even care if they lose. The Dims must have these traitors re-elections in the bag for them, or something. Something isn't right.
The Toomey-Manchin Kill The Bill of Rights Bill.
TITLE ONE: GETTING ALL THE NAMES OF PROHIBITED PURCHASERS INTO THE BACKGROUND CHECK SYSTEM
Summary of Title I: This section improves background checks for firearms by strengthening the instant check system.
- Encourage states to provide all their available records to NICS by restricting federal funds to states who do not comply.
By "all their available records" just what records are they blackmailing states for with that statist bilge water? "All" is a pretty big word when only a very few records are applicable to denying someone their right to keep and bear arms.
- Allow dealers to voluntarily use the NICS database to run background checks on their prospective employees.
Does that means dealers can run NICS checks on prospective employees without their knowledge or consent? I have no idea what the word 'voluntarily' means there. Does it mean dealers will be allowed to not run NICS checks if they prefer not to?
- Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).
Submissions of mental health records? Since when has it been legal to deny any American their rights without due process? Isn't it required that a person be adjudicated mentally deficient by a court of law to do that? Mental health records are entirely irrelevant except to those court proceedings. This bill sounds like Stalinist purge material.
- Provides a legal process for a veteran to contest his/her placement in NICS when there is no basis for barring the right to own a firearm.
Is that an admission that the Bill of Rights doesn't cover veterans or an admission that it doesn't cover anyone anymore?
This bill is worse than any ban on some specific models or types of guns. It's a huge foot in the door to trash the 4th Amend., the 5th Amend. and the 10th Amend. as well as the 2nd Amend. Was all of this gun control demagoguery really just a Trojan Horse to sneak this Bill of Rights killer into law?