Dear _____:
As you are undoubtedly aware, social media in this country has virtually exploded with new calls for gun control in the wake of the Orlando shooting. I write to you today to urge you to oppose any new gun control measures. In particular, I will address the handful of topics that have been clogging up my social media feeds.
1) Banning the AR-15, or possibly all semi-automatic rifles. The last Assault Weapons Ban ("AWB") lasted from 1994-2004. I am unaware of any drop in crime rates that can be linked to the AWB. Further, that law was enacted pre-Heller and pre-MacDonald, two US Supreme Court cases that established that the Right to Keep and Bear Arms enumerated by the 2nd Amendment is an individual, fundamental right. Banning such firearms places an unnecessary and ultimately pointless burden on the Right to Keep and Bear Arms. It also leads us down the slippery slope: If the AR can be banned, why not the Winchester Model 100? It's also semiautomatic, uses a detachable box magazine, so it could accept a 30-round magazine, and can be found in calibers much more powerful than .223 (the most common AR caliber).
2) Barring gun purchases to those on terror watch lists. No law-abiding citizen wants terrorists to have guns. However, the process by which someone gets on such a list is not well-known, and my understanding is that it is exceedingly difficult to get off of such a list. Accordingly, I have some very serious concerns about whether such a bar would violate the Due Process rights of thousands of American citizens. Further, it is my opinion that watch lists probably serve their investigative functions best if kept secret. Such a bar would put true terrorists in the position of being able to find out if they are on such a list by simply trying to buy a gun from a gun store. If the terrorist is denied, he knows he's on the watch list, and he (or his organization) can tailor his activities accordingly.
3) Expanded background checks. The Universal Background Check has been called for once again. Under Haynes v. U.S., a 1968 U.S. Supreme Court case, the State cannot enforce a registration requirement against a convicted felon, as that would violate his Fifth Amendment right against self-incrimination. It is my somewhat educated belief that convicted felons are also immune from prosecution for failing to perform any mandated background check by virtue of the Fifth Amendment, as well.
4) The Gun Show Loophole / Internet Loophole. These rear their heads every time there's a new push for gun control. They're not loopholes. There's no special magic about gun shows or the internet. Transfers must still be performed in accordance with state and federal law. If the transfer crosses state lines, it must involve a federal firearms licensee. If the transfer involves a federal firearms licensee, a background check is required. See, generally, 18 U.S.C, 922.
Thank you for your time and attention in this.
Cordially,
_____
