A new gun plan was recently presented by the government, proposing new rules and increased regulations for gun control. Despite political differences on the freedoms of gun control, the legal perspective of gun laws is separate, important topic.
Here’s a summary of what these new, potential gun laws could mean legally.
The proposed requirements seek to change the status of a “gun dealer”. A gun dealer will no longer be categorized by the number of armed weapons they sell but instead by the “totality of the circumstances”, looking to change the way in which firearms are sold, according to The Wall Street Journal.
According to Attorney General Loretta Lynch, the new rule is focused on those selling guns online saying, “It’s really an internet loophole. Gun sales are moving online.”
Will this be fair to certain individuals? If prosecuted for not following the regulation due to disagreeing with the proposed status, one has the opportunity to present the government’s criteria as that of “too vague”.
Assessing the mental health of a person prior to them purchasing a gun is another key factor in the proposed plan. The White House stated the Social Security Administration will implement regulations, working to help the NICS (National Instant Criminal Background Check System) distinguish those who have mental health concerns, preventing them from purchasing a gun.
The problem here is this piece would require new laws, not just new regulations. Additionally, those who would be identified as mentally ill, might be wrongfully identified at that, resulting in an entirely separate issue of taking away the rights of those who should be allowed the right the purchase a firearm.
Lastly, The White House seeks to fix the current problem of those bypassing restrictions, purchasing guns through trusts and corporations.
Lynch addressed this in saying, “The trust loophole is something we’ve been looking into for a long time.” Legally, despite stronger restrictions and regulations with this type of ruling, a person who fits into this category but still wants to purchase a firearm could go to court to challenge their purchasing status.
As this complex, proposed new gun plan arrives, Texas too is adjusting to a new normal, Open Carry. The new gun has caught many Texans off guard, especially causing confusion for Texas law enforcement.
Kevin Lawrence, executive director of of the Texas Municipal Police Association said, “ What authorities do the officers have? We need to get that clarified as much as possible so the officers know what’s expected of them going into any given situation.”
In these situations, where a new and different law is now active, it takes time to understand how things will work. With others besides law enforcement exposing open firearms, citizens wonder the intention of each gun holder. The new law has also forced businesses to make a decision on whether they allow those carrying openly in their stores.
If a business chooses to not allow guns inside their doors, they must post a 30.07 sign, banning handguns on their property.
Some business have adapted other regulations, such as Walmart, where when employees see someone openly carrying a gun, they must tell their manager who then asks the gun holder to see their paperwork.
Overall, as the nation sees changes in gun laws, it’s important for citizens to recognize and understand their rights.