We already have background checks and waiting periods.
We have loose background checks with many loopholes that need to be closed. Private sales are a major issue… and we need a trigger mechanism to identify and stop a lunatic from buying a gun.
Let’s look at TX where a massive amount of shooter death have occurred:
Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm](
https://lawcenter.giffords.org/background-checks-policy-summary/). Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal
National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)
Texas is not a point of contact state for the NICS. Texas has no law requiring firearms dealers to initiate background checks prior to transferring a firearm. As a result, in Texas, firearms dealers must initiate the background check required by federal law by contacting the FBI directly.
1
Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions. As a result, handgun license holders in Texas are exempt from the
federal background check requirement when purchasing a handgun.
2 (Note, however, that people who have become prohibited from possessing firearms may continue to hold state firearms licenses if the state fails to remove these licenses in a timely fashion.)
Texas does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm.
See our Private Sales policy summary for a comprehensive discussion of this issue.
No other constitutional right is subjected to such things
So what?
Just because the right to Free Speech doesn’t require a background check, doesn’t take away from the appropriateness of common sense litigation for firearms. In case you didn’t know, it is illegal to scream fire in a crowded theater when there is no fire… a very common sense piece of litigation that governs that constitutional right to free speech