Gun Background Checks: Denials, Discrimination, and the Constitutionality of Current Systems
The number of gun background checks denied can be a critical issue, especially when looking at the criteria used to determine these denials. As expected, the number can vary from year to year and is dependent on the specific laws and regulations in different regions or countries. For the most up-to-date and accurate information, it is recommended to refer to official government reports or reputable news sources that regularly publish statistics on this topic.
The Current State of Gun Background Checks
While some argue that fewer than three denials might be acceptable, the reality is far more concerning. The National Instant Criminal Background Check System (NICS) is a flawed system that has become a major obstacle for law-abiding citizens. It has a habit of denying Second Amendment rights to not only dangerous criminals and citizens with mental health disorders but also those with any type of felony, including minor infractions like violating curfew, loitering laws, drug possession, check fraud/forgery, and theft. Moreover, it penalizes citizens with a history of 'mental health treatment,' even if they were completely sane and rational but sought treatment for substance abuse. This practice has resulted in permanently stripping rights of people who have primarily sought to improve their lives and are often not deemed violent or a danger to society.
Constitutional Concerns and Discrimination in Background Checks
The current system of gun background checks raises serious constitutional concerns and potentially discriminates against certain groups. These checks operate on a 'guilty until proven innocent' basis, which is fundamentally at odds with constitutional protections. For instance, the Land and Liberty Act of 1787 and the Second Amendment were designed to ensure the people's right to bear arms as a means of resisting tyranny and foreign invaders. They were not intended to be mere personal self-defense tools, as some mistakenly believe.
The criteria for denying Second Amendment rights often appear racist and discriminatory, targeting minorities. For example, in 1968, when these criteria were established, they were designed to disarm minorities and the LGBTQ community, which were disproportionately represented among felons. The logic behind this is both unethical and unconstitutional, as it violates fundamental principles of equality and justice.
The Influenence of Foreign Nationals on Background Checks
A recurring question is why foreign nationals are not considered “people” in the context of background checks. This distinction highlights the arbitrary nature of the system. Foreign nationals cannot exercise the Second Amendment rights of U.S. citizens, which raises questions about the fairness and efficacy of such a system. The NICS checkpoints often deny gun ownership to individuals based on various factors, many of which may not have a proven connection to danger or criminal behavior.
Improving the NICS System
To address the issues with the NICS system, significant reforms are needed. Rather than relying on a blanket denial system, we should focus on judicial review and tailored cases where there is clear evidence of wrongdoing. The government should be required to follow a legal process before depriving citizens of their rights. Additionally, the system should be transparent and subject to scrutiny to ensure fairness and reduce the impact of discriminatory practices.
Ultimately, the system must respect the constitutional rights of all citizens and ensure that denials are based on evidence and fair trials, not on outdated and biased criteria. Reforming the NICS system to align with constitutional principles would not only protect individual rights but also strengthen the fabric of our society. In a nation that values freedom and justice, such reforms are essential.