The
Second
Amendment
There’s
a
lot
of
misinformation
about
the
Second
Amendment
that
many
of
us
are
seeing
online,
hearing
on
TV,
or
even
reading
in
the
newspaper.
You
might
be
interested
in
this
list,
along
with
the
relevant
facts,
which
I
have
compiled
from
current
law,
information
obtained
from
law
enforcement,
and
public
sources
regarding
the
Second
Amendment.
As
always,
feel
free
to
call
my
office
or
email
me
at
the
link
above
about
this
or
any
issue
you’re
concerned
about.
Chuck
Myth
#
1:
Firearm
purchases
at
gun
shows
do
not
require
a
background
check
due
to
the
“gun
show
loophole.”
Facts:
o When
the
President
and
others
refer
to
the
“gun
show
loophole,”
they
imply
that
there
are
no
background
checks
being
done
at
gun
shows.
As
a
result,
much
of
the
public
has
been
misinformed
and
are
led
to
believe
that
individuals
who
purchase
firearms
at
gun
shows
are
not
subject
to
a
background
check.
o In
reality,
there
is
no
“gun
show
loophole.”
If
an
individual
wants
to
purchase
a
firearm
from
a
licensed
firearms
retailer,
which
typically
makes
up
the
majority
of
vendors
at
gun
shows,
the
individual
must
fill
out
the
requisite
federal
firearms
paperwork
and
undergo
a
National
Instant
Criminal
Background
Check
System
(“NICS”)
background
check.
o The
only
firearms
that
are
being
purchased
at
gun
shows
without
a
background
check
are
those
being
bought
and
sold
between
individuals,
peer-to-peer,
as
opposed
to
buying
a
firearm
from
a
gun
dealer.
These
private
sales
are
no
different
from
selling
a
personal
hunting
rifle
to
the
owner’s
niece
or
nephew
down
the
road.
It
is
a
private
sale
and
no
background
paperwork
is
required.
The
gun
is
private
property
and
the
sale
is
made
like
a
sale
of
the
family’s
good
silver.
The
one
difference
is
that
the
locus
of
a
gun
show
is
being
used
to
make
the
private
sale.
o Under
current
law,
an
individual
is
permitted
to
occasionally
sell
part,
or
all,
of
their
personal
firearms
collection.
These
private
sellers,
however,
cannot
be
“engaged
in
the
business”
of
selling
firearms.
“Engaged
in
the
business”
means
they
can’t
repeatedly
sell
firearms
with
the
principal
objective
of
earning
funds
to
support
themselves.
Some
of
the
individuals
who
wish
to
sell
a
portion,
or
all,
of
their
personal
firearms
collection
do
so
at
the
show
and
might
display
their
wares
on
a
table.
These
“private
table
sales,”
however,
are
private,
peer-to-peer,
sales
and,
therefore,
do
not
require
a
background
check.
The
President
cannot
change
criminal
statutes
governing
requirements
for
which
sellers
must
conduct
background
checks.
His
new
actions
don’t
do
so
and
don’t
claim
to
do
so.
o In
a
peer-to-peer,
private
firearms
transaction,
it
is
already
illegal
to
sell
a
firearm
to
another
individual
if
the
seller
knows
or
has
reasonable
cause
to
believe
that
the
buyer
meets
any
of
the
prohibited
categories
for
possession
of
a
firearm
(felon,
fugitive,
illegal
alien,
etc).
Myth
#
2:
Gun
shows
lack
any
law
enforcement
presence
and
are
a
free-for-all
for
felons
and
other
prohibited
individuals
to
obtain
firearms.
Fact:
o Local,
state,
and
federal
law
enforcement
are
often
present
both
in
uniform
and/or
covertly
in
plain
clothes
to
monitor
and
intervene
in
suspected
unlawful
firearms
sales
such
as
straw
purchasing,
purchases
made
by
prohibited
individuals,
including
non-residents,
and
the
attempted
sale
of
any
illegal
firearms.
Myth
#
3:
Individuals
who
purchase
firearms
on
the
internet
are
not
subject
to
background
checks.
Facts:
o An
individual
cannot
purchase
a
firearm
directly
from
a
firearms
retailer
over
the
internet
and
have
that
firearm
shipped
to
them
directly.
An
individual
can
pay
for
the
firearm
over
the
internet
at
websites
and
online
sporting
goods
retailers.
The
firearm,
however
must
be
picked
up
from
a
federal
firearms
licensee
(“FFL”)
such
as
a
gun
store.
In
many
cases,
this
is
the
brick
and
mortar
store
associated
with
the
website
where
the
gun
purchase
was
made.
Once
at
the
retail
store,
the
internet
purchaser
must
then
fill
out
the
requisite
forms,
including
ATF
Form
4473,
which
initiates
the
NICS
background
check
process.
Thus,
an
internet
purchase
of
a
firearm
from
a
firearms
retailer
does
require
a
background
check.
o Individuals,
from
the
same
state,
are
able
to
advertise
and
purchase
firearms
from
one
another
and
use
the
internet
to
facilitate
the
transaction.
It
is
unlawful,
under
current
law,
to
sell
or
transfer
a
firearm
to
an
individual
who
is
out-of-state.
Any
internet
sale,
even
between
individuals,
that
crosses
state
lines
would
have
to
utilize
a
federal
firearms
licensee
(“FFL”),
such
as
a
gun
store,
and
the
purchaser
would
be
required
to
fill
out
the
requisite
state
and
federal
paperwork
and
would
undergo
a
background
check.
Myth
#
4:
President
Obama’s
January
5,
2016,
executive
action
on
gun
control
represents
landmark
change
regarding
gun
control.
Facts:
o With
few
exceptions,
President
Obama’s
executive
action
on
firearms
is
nothing
more
than
rhetoric
regarding
the
status
quo.
Many
senators
have
long
argued
for
better
and
more
robust
enforcement
of
existing
laws
that
prohibit
criminals
from
owning
guns.
o It
is
the
current
law
of
the
land
that
anyone
engaged
in
the
business
of
selling
firearms
must
have
a
federal
firearms
license.
The
President’s
action
does
not
change
current
law,
but
merely
restates
existing
court
rulings
on
the
meaning
of
“engaged
in
the
business.”
Myth
#
5:
The
Obama
Administration
has
made
firearms
enforcement
a
priority.
Facts:
o The
Obama
Administration
has
used
its
limited
criminal
enforcement
resources
to
focus
on
clemency
for
convicted
and
imprisoned
felons,
the
investigation
of
police
departments,
and
on
civil
rights
cases.
The
latter
two
categories
represent
important
work,
but
the
Department
of
Justice
lost
track
of
one
of
its
core
missions
of
enforcing
criminal
law:
prosecuting
violent
criminals,
including
gun
criminals.
o The
Obama
Administration
is
only
now
making
firearms
enforcement
a
priority.
Clearly,
enforcing
the
gun
laws
is
a
new
initiative,
or
one
of
the
President’s
actions
would
not
have
been
informing
all
of
the
93
U.S.
Attorneys
about
it.
o Proof
of
this
lack
of
enforcement
is
revealed
in
the
decline
of
weapons
related
prosecutions
during
the
Obama
administration.
As
data
obtained
from
the
Executive
Office
of
United
States
Attorneys,
through
a
Freedom
of
Information
Act
(“FOIA”)
request,
reveal,
firearms
prosecutions
are
down
approximately
25
percent
under
the
Obama
administration
versus
the
last
year
of
the
Bush
administration.
Myth
#
6:
Mental
health
has
nothing
to
do
with
gun
control.
Facts:
o People
with
certain
levels
of
mental
illness
are
not
permitted
to
own
guns.
Many
of
the
recent
mass
killings
were
committed
by
mentally
ill
individuals.
One
of
the
keys
to
preventing
further
mass
shootings
and
violence
committed
with
firearms
is
addressing
the
issue
of
mental
health.
o Background
checks
to
prevent
the
mentally
ill
from
obtaining
guns
can
only
work
if
states
provide
mental
health
records
to
the
NICS
system.
Too
many
states
have
failed
to
do
so.
Many
of
the
worst
offenders
are
states
with
the
most
stringent
gun
control
laws.
For
multiple
years
now,
many
members
of
Congress
have
repeatedly
called
for
and
introduced
legislation
that
would
provide
incentives
for
states
to
submit
their
mental
health
records
for
inclusion
in
the
NICS
database.
Myth
#
7:
President
Obama’s
executive
action
on
gun
control
will
thwart
criminals’
ability
to
obtain
firearms.
Facts:
o The
President’s
executive
action
regarding
firearms
is
focused
primarily
on
individuals
who
attempt
to
purchase
firearms
through
the
background
check
process.
o Criminals,
however,
obtain
firearms
in
myriad
illegal
ways,
including
home
invasion
robbery,
trading
narcotics
for
firearms,
burglary
of
homes,
vehicles,
and
businesses,
as
well
as
straw
purchasing.
o Grassley
legislation,
s.a.
725,
was
specifically
designed
to
combat
the
straw
purchasing
of
firearms
as
well
as
firearms
traffickers
who
transfer
firearms
to
prohibited
individuals
and
out-of-state
residents.
Myth
#
8:
There
is
a
general
consensus
in
America
that
greater
gun
control
is
needed
to
prevent
mass
shootings
in
the
United
States.
Facts:
o Despite
the
President’s
statement
to
the
contrary,
polls
have
shown
that
the
majority
of
Americans
do
not
believe
that
stricter
gun
control
would
reduce
the
number
of
mass
shootings
in
the
United
States.
o The
American
public
does
not
believe
that
making
it
harder
for
law
abiding
Americans
to
obtain
guns
makes
America
safer.
In
fact,
polls
have
shown
that
a
majority
of
Americans
thinks
the
United
States
would
be
safer
if
there
were
more
individuals
licensed
and
trained
to
carry
concealed
weapons.
A
majority
opposes
re-imposition
of
the
“assault
weapons”
ban.
Myth
#
9:
The
terrorist
“no-fly”
list
is
a
proper
mechanism
to
bar
Americans
from
purchasing
firearms.
President
Barack
Obama,
January
5,
2016
Fact:
o The
no-fly
list
is
actually
multiple
lists,
which
are
generated
in
secret
and
controlled
by
executive
branch
bureaucrats.
The
Second
Amendment
right
to
bear
arms
has
been
determined
by
the
U.S.
Supreme
Court
to
be
a
fundamental
right.
This
puts
the
right
to
bear
arms
in
our
most
closely
guarded
rights
similar
to
the
right
to
free
speech
and
freedom
of
religion.
It
is
unconstitutional
to
deprive
an
American
citizen
of
their
Second
Amendment
right
without
notice
and
an
opportunity
to
be
heard.
Myth
#
10:
Gun
retailers
need
to
step
up
and
refuse
to
sell
semi-automatic
weapons.
President
Barack
Obama,
January
5,
2016
Fact:
o There
is
nothing
unlawful
about
a
semi-automatic
firearm.
A
semi-automatic
firearm
simply
means
that
a
round
is
discharged
with
each
pull
of
the
trigger.
These
include
most
shotguns
used
for
waterfowl
hunting
and
rifles
commonly
used
for
target
shooting.
*Compiled
by
Senate
Judiciary
Committee
Chairman
Chuck
Grassley
|