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Horrific Mass Shootings in El Paso and Dayton Exposes Loopholes in US Gun Control Laws.

We the People – Constitution of the United States of America

In the wake of the latest mass shooting in El Paso, Texas and Dayton, Ohio, in which 22 and 10 people respectively, were killed, the question arises whether gun control laws in the US are adequate to prevent persons who are unfit to possess firearms from being in possession of such arms. Statistics have shown that 8 in every 10 Americans are in lawful possession of a firearm. This is a very high number when you compare it to what the position is in other countries. This high number of firearms in the hands of citizens would not be an issue if there were no incidents such as the ones in El Paso and Dayton. If citizens were handling their firearms in a responsible manner, then no problem. However, that is not the case in the US today. The frequency of mass shootings has gone out of proportion. The people rely on the Second Amendment to the US Constitution and was ratified by Congress on December 15, 1791 as part of the Bill of Rights. This provision in the Bill of Rights was influenced by the English Bill of Rights of 1689. The amendment was ratified by the States and authenticated by the Secretary of State, Thomas Jefferson, and reads as follows:

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.”

The English settlers at the time viewed the right to bear arms or raise militias as important for one or mire of the following reasons, namely:

  • to enable the people to organise a militia,
  • the right to self defence,
  • to repel an external invasion,
  • as security against a tyranical government,
  • to enable the citizens to participate in law enforcement,
  • to suppress insurrection including slave revolts.

Today, the United States, with almost 330 000 000 million people, and one of the best trained and equipped army and police force in the world, those concerns raised by the founding fathers appear to have lost their validity and yet the country has held onto the provisions to its own peril. In Dist of Columbia v Heller (2008), the Supreme Court affirmed that the the right belongs to the individual, exclusively for self defense in the home and that the right is not unlimited and does not preclude the the existence of certain prohibitions such as those forbidding the possession of firearms by felons and mentally ill persons. Although there is a certain measure of screening and checks and balances when people apply for permission to purchase a firearm through a licensed weapons’ dealer there are loopholes in the system to such an extent that 1 in 5 firearms transactions are finalized without necessarily going through the screening process.

According to the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), anyone can sell a gun without an FFL (Federal Firearms License) from their home, online, at a flea market or at a gun show as long as he or she is not conducting the sale as part of regular business activity. One example would be someone who sells a firearm from his or her personal collection. Others who are exempt include those giving guns as gifts. Only individuals whose “principal motive” is to make a profit via sale must obtain an FFL. 

Commonly referred to as the “gunshow loophole,” this ambiguity also explains how a purchase can occur without a background check — and without breaking the law. A 2017 survey by Harvard and Northeastern universities estimates that roughly one in five transactions occur without a background check.

Scene of a mass shooting

Perhaps the United States can learn something from those countries with very strict gun control legislation. In South Africa, for example, licenses to possess a firearm are controlled by a single central registrar within the police department and only one licence to possess a firearm for self defense purposes can be issued . No licence for an automatic or semi-automatic weapon can be issued for self defense purposes. As a result there are very few legal firearms in private hands. Penalties for illegal possession of a firearm are very stiff . Although criminals do acquire illegal firearms and use them in the commission of crimes, they know that if they are caught, they will have to answer for both the crime committed and the possession of the illegal firearm and ammunition. This serves as a deterrent as people know that the punishment for the unlawful possession of a firearm is harsh. On the other hand, in the United States, there has been several mass shootings in several states where a number of people lost their lives or were injured leaving them with both physical and emotional scars. The reasons appear to be disillusioned youth, mental illness, workplace conflicts, as well as family disputes. President Trump has vowed to bring an end to the scourge of violence in the USA. We hope that this happens sooner before another mass shooting happens.

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