The big issue with gun legislation is that regardless of what you do, you're never going to completely stop gun violence or mass killings. If someone wants to do it badly enough, they will find a way. It's cliche by this point, but just look at the war on drugs. Drugs are 100% illegal, but they are still readily available on the black market. The same would (does) happen with illegal guns. When you outlaw something, only the outlaws have it. I don't think anyone calling for a total ban on guns is being realistic, so let's go through the less extreme measures that I've heard debated:
1. Universal background checks - I don't have a problem with this, but I don't expect it to do much. As I said, it's always going to be possible to get a gun if you really want one. In reference to mass shootings, I think you'll find that pretty much every gun used in a mass shooting was legally obtained and the buyer passed a background check.
2. Mandatory mental health reporting to NICS - On the surface, this is a good idea. Nobody wants crazy people with guns. This is "common sense gun reform." The problem with "common sense gun reform" is that they're arguing for things that nobody has a problem with, while they actually intend to implement it in a way that people do have a problem with. This would require some pretty major things:
- Mandatory HIPAA waivers for mental health or new legislation that removes HIPAA protection from mental health. This could have a lot of unintended consequences.
- Where do mental health professionals draw the line? Is someone who suffers from anxiety, PTSD, or has witnessed a traumatic event added to the list of "no more guns for this person"? Is there a way to remove yourself from the list? How do you prevent abuse?
- Not all people with mental issues seek professional help. There is still a large stigma around mental disorders.
- Just removing the ability for someone on "the list" from buying a gun isn't going to fix the problem. What if they already owned (legal) guns before seeking professional help? You're going to have to either waive the 4th amendment and have local LEOs perform a mandatory full search of the person's property OR you're going to have to have a mandatory gun registry. You are never going to get either of these passed into law. A mandatory gun registry will be fought tooth and nail by the NRA and a majority of gun owners, as history has pretty well proven what happens after a mandatory gun registry is enacted in a State with prevailing media and political winds against private gun ownership.
- Even then, mentally ill folks can still acquire guns if they want them badly enough or they can utilize another method of mass murder. The largest killings in American history (9/11, OKC bombing, schoolhouse massacre in the 20's) were done without firearms.
3. Ban semi auto weapons - Banning a non-full-auto action type isn't going to do much. There are plenty of other action types that can pump out rounds quickly: SA/DA revolvers, pump, lever, bolt. None of these are THAT much slower than semi auto. As always, people who want these badly enough will still get them.
4. High capacity magazine ban - Reloading a gun doesn't exactly take a long time. Hit the magazine release to drop the empty one, slam a new one into place, and charge the weapon/release the slide. A few seconds. Splitting up a 100 round mass shooting event into 10 magazines instead of 1-5 isn't going to give you much more of a chance of rushing the shooter. Honestly, from what I've heard, using a high capacity magazine saved lives in Aurora. He had one of those (terrible) 100 round AR15 mags and it jammed, which seems to be pretty common. Smaller mags almost never jam. As always, people who want these badly enough will still get them.
5. Gun insurance - This is just stupid. If you've recommended this, get a clue. Insurance companies don't insure criminal acts, which are the only cases where you would be held financially liable.
6. Mandatory mental health evaluation and licensing for gun ownership - Private gun ownership is a constitutionally protected right, unlike car ownership that most people try to compare it to. Any licensing requirement will eventually be used for political motives and essentially become a "poll tax" for gun ownership, where any undesirable can have their rights withheld. For those of you who don't believe the Constitution gives us the individual right to own firearms, see the Supreme Court's Heller decision. For those of you who say the founders only intended/knew about muskets that can fire 1 round a minute, you are wrong. There were quick firing rifles in existence in 1787. The Constitution was also not only written for 1787 - do you believe that the founders didn't intend for freedom of speech to apply to the Internet because it didn't exist at the time?
7. Ban "assault weapons" - Okay, define assault weapons. Semi auto? See #3 above. The definition in the 1994 AWB? That was just a combination of a magazine above 10 rounds (see #4) and various features that don't impact the lethality of the gun (ex. flash suppressor, bayonet lug, telescoping stock). Several things about reinstating this ban:
- It didn't actually decrease gun crime.
- It was still possible buy pre-ban guns. To fix this, you'd have to make owners of a previously legal item into felons if they don't turn in their own private property. Essentially, eminent domain for guns.
- Guns that were labelled as "assault weapons" are used in a very tiny amount of gun crimes.
Also, to those of you who think AR-15 = "Assault Rifle - 15", it was originally developed by ArmaLite and it was their 15th model.