Don’t Waste Our Time
The firearms used in these crimes were, as far as the evidence indicates, legally acquired from federally licensed and regulated firearms dealers. That means that the killers passed background checks. The demand that
other people pass background checks in
other circumstances (for example, if you give someone a firearm as a gift) is completely irrelevant to these crimes. It is not even entirely clear that the federal government has the constitutional authority to regulate private transfers that take place within a single state and therefore do not constitute interstate commerce. But even if it did, such measures would not prevent crimes such as the ones in Atlanta and Denver, nor would they do much to prevent other kinds of crimes, because criminals most often come by their weapons by means of straw purchasers (people with clean criminal records who buy guns on behalf of felons who cannot pass a background check), by buying stolen guns, or by stealing the guns themselves.
And as much as Joe Biden and his allies may stamp their feet, the federal government cannot ban firearms of the sort that were used in these shootings. They are not exotic, military-grade “weapons of war,” but two of the most common firearms sold and used in the United States. The Supreme Court has made it clear that certain kinds of restrictions are consistent with the Bill of Rights: For example, fully automatic weapons (“machine guns”) are subject to such stringent regulation that it effectively amounts to a general prohibition. But the Bill of Rights protects weapons “in common use.” There may be no weapon in more common use than the 9mm handgun wielded in Atlanta and the 5.56mm semiautomatic rifle used in Colorado.
The anti-gun advocates demand: “Why would anybody need a rifle like that?” The best, most direct, and most American answer is: “None of your goddamned business.” We don’t expect Americans to prove that they
need free speech or freedom of religion or that they
need the means to exercise those rights. But, contrary to what our friends on the left often claim, those scary black rifles have many legitimate uses: People do indeed hunt with them, mostly small animals — in spite of all the talk about “high-powered rifles,” these weapons are not powerful enough for hunting deer or feral hogs, and hunting regulations in some jurisdictions have over the years specifically excluded them from such uses. They are frequently used by ranchers, farmers, and residents of rural areas to control coyotes and other pests. That may all sound pretty exotic if you live in Brooklyn or D.C. That’s why we have 50 states.