Share Thread: NRA-member lawyer says gun laws must make sense
For once, and Stu Bykofsky write their first firearms article that makes sense and is legally accurate. This article is very good.

Quote:Stu Bykofsky: NRA-member lawyer says gun laws must make sense

Stu Bykofsky, Daily News Columnist
Posted: Monday, January 14, 2013, 3:01 AM

AS PART OF the ongoing discussion of guns, gun ownership and gun violence that I've started, today I give the platform to local lawyer, NRA member and gun-law expert Jon Mirowitz. I asked him to comment on several suggested ideas to reduce gun violence.

I have put on the table that I am a gun owner, that I have a carry permit, that I support the Constitution, and yet I can live with what I see as commonsense restrictions, while acknowledging that they will not end gun violence. They may reduce it only around the edges.

Because of the tragedy at Newtown, Conn., Mirowitz says, "Gun control is back in the news, but exploiting a tragedy is not a good way to make good law. Pennsylvania tried to separate the histrionics from the facts and revised its gun law in 1995. That revision was supported by both gun-control and gun-rights advocates. It has valuable lessons for us today."

Mirowitz's take on several frequently mentioned proposals:

* Assault-weapons ban. From the U.S. Supreme Court rulings in the Heller and MacDonald cases, we know that absolute bans go too far and are unconstitutional. Some regulation is permitted, but these require careful, critical and strict scrutiny.

The very term "military-style assault weapons" is murky and could include any gun ever made - the flintlock, the percussion cap, the single-shot and repeating-cartridge rifles and shotguns were standard military issue; some still are. Many of the current proposals are just as overly inclusive.

* High-capacity magazine ban. "Why would anyone want a high-capacity magazine?" The honest citizen and the police officer share the same need for a high-capacity magazine because neither knows what is in store for them beforehand.

* Universal background checks. We have background-check proposals that would require prequalifying to get permission to buy, own or possess a gun. Some even include requiring mental-health evaluations and in-home inspections before approval. These are "good-guy" lists: Unless you are on it, you have no rights. This is a totalitarian-regime approach dispensing a privilege to a chosen and favored elite.

The current background-check practice is not perfect and is designed to be overly cautious. It "delays for research" or "denies" in error too often, as shown by the frequency of its reversals. The databases are far less than 100 percent accurate. The system crashes too often, halting all sales. But it is a "bad-guys" list. If you are not on it, you are presumed to be a "good guy." The present system needs attention, but it balances everyone's interests fairly well.

Read More (trust me, it's a good read)
[Image: pa_zps59e4c512.png?t=1379682235]
Pretty good article and as usual at least one comment from an idiot.
MikeP, just an old guy that smells of garlic.

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