No, no, no.
I smell a rat, and the more I went through the article, the more ratlike he smells. He's either woefully ignorant of the current state of affairs, or lying. He starts with:
Jon Stokes said:
I a gun industry insider, a lifelong gun owner and a vocal advocate for Second Amendment rights. I am a Texan and an American patriot who hauls my family to church every Sunday in a diesel pickup truck, where I sit in the pew and listen to the Word with a 9mm pistol tucked inside the waistband of my fanciest jeans.
Isn't this the part where the author inserts the inevitable “but”—as in, “I’m a firm Second Amendment advocate, but … ”? Well I’ve got no “buts” for you, because I don't need them. . . .
He lays it on pretty thick for a guy who "doesn't need" buts. That's a bit of a red flag for me. He then promptly moves on to:
Jon Stokes said:
I believe there is a way to increase both our individual gun rights and our collective safety, if we can only get gun controllers to quit bitterly clinging to outmoded feature bans and gun registries, and convince gun rights advocates that “liberty” isn’t just about “what's in my gun safe” but also about being able to exercise one’s full spectrum of Second Amendment rights in every part of this great nation.
The idea is simple but powerful: a federally issued license for simple possession of all semi-automatic firearms. . . . .
Somehow, requiring a federal license to do exactly what American citizens can already do in about 42 out of 50 states does not seems like it increases our gun rights. It sounds like Orwellian doublespeak in which "freedom" means "a license is required."
With my reservations about the author's candor having been aired, let's go through some of the particulars, shall we?
Jon Stokes said:
The idea is simple but powerful: a federally issued license for simple possession of all semi-automatic firearms. This license would allow us to carefully vet civilian access to semi-automatic weapons, while overriding state-specific weapon bans and eliminating some of the federal paperwork that ties specific firearms to specific owners.
First of all, the general problem. Why should I have to be "carefully vetted" for the RKBA, when other fundamental, individual rights apparently can apparently be exercised without any identification whatsoever? Why should I have to be "carefully vetted" to continue doing that which I've done for 30 years without issue?
More specifically, who's going to do the vetting and what will the standards be? Why would I ever agree to this, knowing that those standards will be set by Congressional vote? My puny little state only has 6 members of Congress, and I have no recourse if a CA/NY/IL representative puts impossible standards in the law, except to challenge through litigation. I can't run against that rep, and I may or may not be able to back a political challenger.
The author knows this is a problem:
Jon Stokes said:
Objection: You haven't said what the licensing requirements are. I think that anyone who wants to own a semi-auto should have four letters of recommendation, a yearly psychiatric evaluation, be a graduate of Ranger School, and have participated in at least one “Jeopardy!” Tournament of Champions.
Me: Yeah, we're going to fight over that. A lot, probably. But that fight would be way more reality-centered and sane than our current fights over pistol grips and barrel shrouds and telescoping stocks.
What, precisely makes Stokes think that the "fight would be way more reality-centered and sane" than the fights we currently have? We have a large, well-funded segment of society that thinks gun ownership itself oughta be a crime. Why would they suddenly become reasonable?
I think the author lets us peek at the hand he's actually holding here:
Jon Stokes said:
I offer this idea not only because I actually want to live in a world where it, or something like it, is the law of the land, . . . .
and here:
Jon Stokes said:
If you weren’t a license holder, then simple possession of any semi-auto weapon would be a felony. Don’t have one on your person, or in your car or home. As for taking possession of the types of guns you could have without a license, then it’s universal background checks and FFL transfers for you—basically the status quo, in most states.
He wants possession of a semiauto firearm without a license to be a FELONY, and claims that things that universal background checks are the status quo in most states. There's a saying I like: Not just no, but Hell, no.
Stokes clearly does not remember the fights leading up to the original AWB:
Stokes said:
In the aftermath of these killings, we’re hearing proposals for anti-gun measures that we thought were widely considered out of bounds in the gun control debate, like a ban on all semi-automatic firearms, a repeal of the Second Amendment, or even an outright ban on the private ownership of guns. Some of us think this will all blow over, as it always does. And maybe it will. But this time definitely feels different.
Who's this "we?" Does he have a mouse in his pocket? And what are these proposals that "we" thought were widely considered out of bounds? Antigunners have, to all appearances, never considered anything out of bounds in this fight. None of the proposals he lays out above are even new. He's either too young to remember or too dishonest to admit to remembering "if I'd have had 51 votes, Mr. and Mrs. America, turn 'em all in." Or the fact that somebody in Congress has introduced the same gun control bill, an AWB, every year since 1995. Or that after every high-profile shooting, celebrities and a handful of politicians go cry in front of the camera, blaming "the NRA" for crap that its members didn't do. Those same folks who go on TV to tell us that "nobody needs" X. Justice Stevens' recent article on the repeal of the 2A is hardly the first time it's been suggested.
Moving on . . .
Jon Stokes said:
What, then, can be done about the violence that plagues our cities and the mass shootings that terrorize us in our malls, theaters, churches and workplaces? I think there is an answer, but it involves forgetting about the “what” and focusing squarely on the “who.”
So . . . His suggestion is to increase the vetting on folks who aren't doing the shooting. Way to go, Jon.
Jon Stokes said:
A federal license for all semi-automatic firearms would rest on two simple and well-defined concepts, one technical and one legal:
1) A “semi-automatic” firearm is one that fires a single round for each pull of the trigger, automatically reloading in between each shot until the ammo is depleted.
2) “Possession” is a legal concept from the drug war that implies that a person has a contraband item “on or about one’s person,” or has “control” over the item, perhaps by having it in a motor vehicle or in a home.
Because both of these things—“possession” and “semi-automatic weapons”—are easy to define, they're easy to regulate.
Just because it's "easy" doesn't make it either right or smart. And one minor point: Possession is not a concept "from the drug war." Without going on the hunt for the roots of the word in legal terms, I'll bet it's as old as the concept of contraband. And make no mistake, this author's proposal is a step towards making firearms into contraband.
Jon Stokes said:
Combine these two concepts with a thorough but reasonable vetting process, and you have the makings of a straightforward, effective system for keeping the most lethal class of weapons out of the hands of bad actors, while simultaneously lifting the burden of arbitrary weapon bans and federal red tape from law-abiding gun owners.
I've addressed my concern for the standards in this before, so I won't beat it to death. This whole paragraph smacks of either ridiculous bureaucratic problems or horrible dishonesty. "Thorough but reasonable?" "Lifting the burden of arbritary" gun laws? Yeah, that will last until about the first "states rights" lawsuit.
Jon Stokes said:
License holders could swap such guns among themselves without the need for any sort of official transfer mechanism—like today’s Federal Firearm License transfers—that leaves a paper trail with the state. Right now, all retail gun purchases, and private-party gun transfers in many states, involve a two-step process: First, the purchaser fills out a paper form that links the gun to the buyer, and second, the seller conducts a federal background check. . . . .
So, I'd have to go get a federal license to do what I can currently do with any Arkansas resident? And who are these "many states" that require FFLs to be involved in private party sales? I count about 10. Sure looks like fluffing the numbers to make UBCs look more reasonable.
Jon Stokes said:
If you were a federal gun license holder, you wouldn’t have to do an FFL transfer whenever you take delivery of a firearm. This would make buying a gun of any type exactly like buying alcohol or any other controlled substance (for example, prescription drugs): . . . .
Since when did I need a prescription for whiskey? And since when did I have to be "carefully vetted" for it? I suppose I am (in a sense) vetted for prescriptions.
Jon Stokes said:
The gun rights side would be justifiably concerned that a hostile Congress and president could one day attempt to use the licensing scheme to limit the gun rights of large, law-abiding sections of the population, possibly on some arbitrary pretext.
Now wherever would we get such an idea?
Frankly, this harebrained scheme is nothing more than gun owner registration. Let's call it what it is.
Jon Stokes said:
Gun safety advocates would have the security of knowing that anyone who lawfully possesses a semi-automatic weapon has been thoroughly vetted, and that there are clear criteria in place for temporarily or permanently revoking that license should the gun owner cross agreed-upon lines.
Whoopee. Tell me again how this is a compromise?
Jon Stokes said:
An initial set of licensing requirements would undoubtedly include having one’s fingerprints on file with the Bureau of Alcohol, Tobacco, Firearms and Explosives, and a thorough background check that screens for things like domestic violence convictions and inclusion in the government’s terrorist watch list (assuming that list has been fixed by adding a way for innocent people to get their names removed).
He's awfully trusting with my 2A right.
Jon Stokes said:
Gun controllers have long desired a national firearm licensing scheme that includes safe storage requirements and a demonstration of basic weapon proficiency; these things would be part of the negotiations.
He seems pretty trusting with my 4A rights, too.
Jon Stokes said:
If they didn’t make the first cut, there would be a place to implement them should they gain popular support.
You mean, like the legislative process? That's already there? Or is he looking for ways to make implementation of gun control even easier?
Jon Stokes said:
Maybe gun controllers could offer the pro-gun side something it badly wants, like relaxing the federal restrictions on suppressors, in exchange for them.
Maybe so, but it hasn't happened yet. And if we can get enough popular support (which admittedly seems unlikely), we can remove suppressors from the NFA. What in the hell makes him think the antigunners will ever concede suppressors?
Jon Stokes said:
The threat of temporary or permanent license revocation would create added leverage to enforce laws around disorderly conduct, road rage, domestic violence and similar offenses that may indicate that a person is a danger to others but don’t always rise to the level of a felony that gets them flagged as a prohibited person in the current background check system.
Seriously?!? Disorderly conduct?!? So if I get into a verbal argument with my wife at a restaurant, I could have my federal semiauto license revoked? And risk FELONY penalties for possessing my Ruger Mk IV? That's an incredibly low bar for stripping someone of constitutional rights.
Jon Stokes said:
In exchange for the above rules, law-abiding gun owners would enjoy a new freedom to move to any state without surrendering any of their firearms, and to travel anywhere in the country without fear of being jailed for being pulled over with the wrong size magazine in their car.In exchange for the above rules, law-abiding gun owners would enjoy a new freedom to move to any state without surrendering any of their firearms, and to travel anywhere in the country without fear of being jailed for being pulled over with the wrong size magazine in their car.
Precisely what makes him think NY/CA/IL/MD/ETC will agree to that? And even overlooking the LEGION of problems with it, what makes him think the other states have the votes to push this through?
Jon Stokes said:
Most important, the many Second Amendment advocates for whom the threat of a national gun registry (and possible future gun confiscation) is a major concern could rest easier, knowing that such a registry would be taken off the table as a practical matter.
Taken off the table for how long? And why is a gun owner registry any better?
Jon Stokes said:
Objection: Are you going to confiscate my semi-autos if I refuse to get a license?
Me: No, I’m not. I imagine there would be something like a three- to five-year grace period, during which time existing semi-auto owners would either get a license or transfer their guns to someone who does have a license.
Liar. He's not advocating confiscating them all at once, just doing it by dribs and drabs as non-licensees are caught. Here's where I shamelessly adopt zuik's rating system: I give this plan 3.5 out of 4 Australias.
Jon Stokes said:
Objection: I live in a state where I can buy any gun I want from a private party, without a background check or FFL transfer that puts me into a government database. So this decreases my liberty because now I’ll need a license to do something I can currently do without one.
Me: You’re not thinking big-picture enough. Yes, you're blessed to live in Gun Country right now, but what if you get a new job and have to move? Do you have the liberty to move anywhere in the United States and take your guns with you? Do you have the liberty to take your AR-15 “truck gun” with you when you vacation in a less-free state? No, you absolutely do not. But under my scheme, you will, because this whole thing is a nonstarter if the law that institutes the licensing regime doesn’t also prevent states from putting in place their own arbitrary feature bans.
This is downright insulting and, quite frankly, typical of the antigunners. "You're not thinking big-picture enough" isn't far off from "you don't understand." I can assure him, and everyone else reading this that I'm perfectly capable of understanding the issues here.
Jon Stokes said:
Objection: Gun ownership is a constitutional right, and we don’t license constitutional rights. You don’t need a special license for free speech, for instance.
Me: You wouldn’t need a license to own lots and lots of guns of different types under this scheme, either. You would just need a license to own semi-autos, just like you need a license to broadcast over certain parts of the public airways.
Liar. "You wouldn't need a license . . . just need a license to own semi-autos." IOW, our overlords might let us keep revolvers and lever guns. Might.
I could go on and on about the objections he lays out and the responses that he posits, but I won't. It's Sunday morning & I want to take my wife (and a pistol, maybe even an awful unlicensed semiauto) to breakfast. He's an antigunner's wet dream. He knows enough about guns to sound credible, and perfectly willing to slide on past really important, but pesky details.
Ladies and gentlemen, here's the punch line:
Jon Stokes said:
The requirements above, when combined with background checks for all weapon transfers involving an unlicensed party, amount to universal background checks on steroids. In other words, you get universal background checks as a baseline for everyone, and then for the more dangerous class of weapons you get the extra vetting that the license requirements would provide.
Please read that part at least twice. He's advocating for UBCs for ALL firearms, and exceptional vetting for "more dangerous weapons." He's also advocating revocation of the license to carry any semiauto for "disorderly conduct."
Not just no. Hell, no.