Gun Control Policy Recommendations

In the long run, we believe that the Second Amendment is antiquated and stands in the way of reasonable gun reform and a civilized society. The fundamental argument of Second Amendment defenders is that it is as essential today to the protection of the citizenry from a tyrannical government as it was at the time of its adoption. While the right to bear arms had merit when both sides were armed with nothing more than muskets, it is difficult to see it as a serious argument today. Does anyone really believe that the minority of our citizenry who are armed could provide any reasonable resistance to a government armed with M1 tanks, cruise missiles, F-15s, drones, SEAL teams, rangers, and ultimately nuclear weapons? It seems unlikely. Repeal, although not a short-term solution, is necessary.

In the short run, however, several steps are recommended:

Renew the assault weapon ban and implement a nationwide buyback program.

Implement universal background checks and competency requirements. Japan’s Firearm and Sword Law provides a useful guide. Before individuals can purchase a gun under the Firearm and Sword Law, they must undergo formal instruction and pass a battery of written, mental, and drug tests, as well as a rigorous background check. Furthermore, owners must inform the authorities of how their weapons and ammunition are stored, as well as pass an annual inspection. For those owners who are unwilling or unable to meet these requirements, we recommend implementing a nationwide buyback.

Prohibit resale of weapons of any kind. While one can legally buy drugs per prescription from a registered pharmacy, one cannot resell such drugs. Why, then, should one be able to purchase and then resell a weapon? We recommend that manufacturers be required to make a market in their own brands and repurchase them from owners who no longer find them useful.

Test the Second Amendment by requiring that all guns, other than those used for the purpose of recreational hunting or in a professional capacity, be stored and used only in regulated gun ranges. While the Second Amendment protects ownership, it does not provide explicit limitations on how those rights are protected. Limiting storage and usage to regulated facilities does not in our view impinge on the constitutional right to bear arms.