Often when we see a bill being argued we analyze the bill and discuss how it is intended to be used and how it is likely to be used. WHen things happen that the bills originators did not intend we call that “The Law of Unintended Consequences.”
My favorite example of this was G.W. Bush’s “No Child Left Behind” program. My wife is a teacher. As she explained it to me, the program meant that they could no longer fail a student, “hold back” as they now call it. Every child, no matter how far behind, no matter how many sigmas below mean they might be had to be passed to the next grade.
This was the start of the great push to get everybody through high school. It didn’t matter if the student had earned a high school degree, they were going to graduate.
The harm this did to so many children is propagating through out our current society. Kids that couldn’t read, couldn’t do math, that were ignorant of just about all of history are no adults that are functionally illiterate, incapable of adding two numbers and getting the same answer twice in a row, and are pontificating on subjects where they don’t know what happened 10 years ago much less 100 or 500 years ago.
Ignorant by design.
And all because the teachers unions wanted G.W. Bush’s program to fail. This was my introduction to hating teachers unions. Prior to this, it was only a mild dislike.
In 1993, in response to the attempted assassination of President Ronald Reagan, by a crazy person, the gun grabbers (Chuck Schumer) got the Brady Handgun Violence Prevention Act of 1993 passed and signed into law. This established the NICS check program.
Under the Brady Act an FFL was required to run a background check prior to transferring a firearm.
5 business days (meaning days on which State offices are open) have elapsed from the date the transferor furnished notice of the contents of the statement to the chief law enforcement officer, during which period the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or
This is language, in the “Interim Provision” is there to light a fire under government bureaucrats. The FFL had one day to file for the background check with the chief law enforcement officer. The chief LEO had 5 days to get a response back to the FFL or the transfer could proceed.
The bill gave the Attorney General 6 months to identify the system they were going to build and a total of 60 months from time of passage to have a NICS system in place. This is because everybody on the gun grabber side KNEW that it would take longer than five days to do the checks that they wanted done.
The actual thought by the infringers was that the NICS system would stop people from buying firearms. It didn’t.
Oh, notice the language “Handgun”. It quickly morphed in include all firearms that are not also NFA items.
There is more language in the bill to allow the states to do their own thing as long as they did the check. And it still required the ability for the FFL to proceed if they had no response within those 5 days.
But now we are seeing a spat of bills showing up that are designed to circumvent this fail safe. The infringers argue that the default should be to NOT transfer the firearm. Just to make sure no bad person gets a gun from an FFL.
But we know what will actually happen. We have the proof already. NFA transfers and approvals take months if not years to be approved. And paperwork gets sent back for minor errors that require the application to be resubmitted.
Every location that had a permit to purchase scheme in place started slow walking applications when the panic began. South Carolina is experience huge backlogs in permits for CCWs.
If we let them add “we were busy” as a reason to delay a transfer you can darn well bet that we are going to see staffing reduced in those places. No need to be efficient or rapid. So what if it takes 6 months to approve a firearm transfer. They should just be happy they are allowed to purchase a firearm at all.
And it would not surprise me if we started to see lubricant being presented to government officials to fast track applications.
Measure 114 out of Oregon already does this. They changed a “no response” to be “wait until we allow you to proceed”. This isn’t an unintended consequence. This is intentional.
Post Bruen the states that are anti-freedom are doing their best to stop people from exercising their right to keep and bear arms.
Watch for more of this “delays should not proceed” legislation in the near future.