Gun Law Eenforcement, NOT more Gun Laws By JD Crouch
http://www.claremont.org/publications/crouch1.cfm
Gun Law Enforcement,
Not More Gun Laws
By J.D. Crouch II
{Appeared in the April 29, 1999 edition of the Washington Times}
Arnaud de Borchgrave, former editor of the Washington Times, was once asked
if he accused the American media of a “conspiracy.” No, he replied, what he
was accusing the media of was far more ominous than a conspiracy. He was
accusing them of a “consensus.”
In the wake of the Littleton, Colo., massacre, the drumbeat has begun in
earnest among the media and the media-driven politicians, President Clinton
among them, that what this tragedy calls for is more restrictions on the
right of law abiding citizens to keep and bear arms in their own defense. As
National Public Radio opined a week after the massacre, how can even the
Republicans be against “reasonable gun control?”
They are not. No one is. But no one should expect that any “reasonable”
measure, or any firearms control measure for that matter, will stop the
violence that is sweeping our schools. The sources of this anarchism are 30
years of liberal social policy that have put our children in day care, taken
God out of the schools, taken Mom out of the house, and banished Dad as an
authority figure from the family altogether.
This the liberals cannot admit, so they focus on evil guns, fiddling while
Rome burns. To inform the debate on “reasonable gun control,” I offer the
following incomplete list of the federal and state firearms statutes that
the terrorists of Littleton likely violated. I leave it to the reader to
decide whether another law banning gun “clips” or restricting gun shows
would have prevented what happened in Littleton on April 20, 1999 if the
laws listed below could not.
But before we rush pell-mell into drafting new laws to entrap the law
abiding, consider this: Mr. Clinton’s Justice Department prosecuted only six
people in 1998 under the “urgently needed” juvenile gun transfer provisions
of the last crime bill. Of the “desperately needed” ban on certain
semi-automatic weapons, Justice prosecuted only four people in 1998. And of
the thousands of people that the Brady Bill supposedly kept from obtaining
firearms illegally, only nine have been convicted for being a felon trying
to buy a gun.
Here are just some of the laws ? federal and state ? that the two Columbine
High shooters broke when they went on their killing spree:
1. Possession of a “destructive device” (i.e., bomb). (Multiple counts.)
Each violation is punishable by 10 years in prison and a $10,000 fine.
2. Manufacturing a “destructive device” (i.e., bomb). (Multiple counts.)
Each violation is punishable by 10 years in prison and a $10,000 fine.
3. Use of an explosive or incendiary device in the commission of a felony. A
class 2 felony.
4. Setting a device designed to cause an explosion upon being triggered.
Violation of Colorado law.
5. Use of a firearm or “destructive device” (i.e., bomb) to commit a murder
that may be prosecuted in federal court. Punishable by death or up to life
in prison.
6. Possession of a firearm or “destructive device” (i.e., bomb) in
furtherance of a crime of violence that may be prosecuted in federal court.
Penalty is 10 years if a firearm; 30 years if a “destructive device” (bomb,
etc.).
7. Brandishing a firearm or “destructive device” (i.e., bomb) in furtherance
of a crime of violence that may be prosecuted in a federal court. Penalty is
15 years if a firearm; 30 years if a “destructive device” (bomb, etc.).
8. Discharging a firearm or “destructive device” (i.e., bomb) in furtherance
of a crime of violence that may be prosecuted in a federal court. Penalty is
20 years if a firearm; 30 years if a “destructive device” (bomb, etc.).
9. Conspiracy to commit a crime of violence prosecutable in federal court.
Penalty is 20 years if the weapon is a firearm, life imprisonment if the
weapon is a bomb.
10. Possession of a short-barreled shotgun or rifle. A violation is
punishable by 10 years in prison and a $10,000 fine.
11. Manufacturing a “sawed-off” shotgun or “sawed-off rifle.” Each violation
is punishable by 10 years in prison and a $10,000 fine.
12. Possession of a handgun or handgun ammunition by a person under age 18.
A violation is punishable by one year in prison.
13. Providing a handgun or handgun ammunition to a person under age 18.
Penalty of one year, unless the provider knew the gun would be used in a
crime of violence, in which case the penalty is l0 years,
14. Age restrictions on purchasing firearms. Licensed dealers may sell
rifles and shotguns only to persons age 18 or over, and handguns to persons
age 21 or over.
15. Possession of a firearm on school property. Five year penalty. Colorado
also prohibits a gun on school property.
16. Discharge of a firearm on school property, with a reckless disregard for
another?s safety. Five year penalty.
17. Possession, interstate transportation, sale, etc., of a stolen firearm.
A violation is punishable by l0 years.
18. Intentionally aiming a firearm at another person. Violation of Colorado
law.
19. Displaying a firearm in a public place in a manner calculated to alarm,
or discharging a firearm in a public place except on a lawful target
practice or hunting place. Violation of Colorado law.
Instead of adding to the list, perhaps we should try something novel:
enforcing the laws we already have.
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J.D. Crouch II is a professor in the Department of Defense and Strategic
Studies at Southwest Missouri State University and an Adjunct Fellow of The
Claremont Institute.