Gun Violence

Introduction

What is an option that the American people can choose to take a step forward in reducing gun violence, without creating more strict gun laws for gun consumers? A possible answer to that would be improving the National Instant Criminal Background Check System (NICS) and The Bureau of Alcohol, Tobacco, Firearms and Explosives agency (ATF). Simply improving the NICS would be insufficient, and the same goes for the ATF. Both the NICS and ATF have serious issues that need to be simultaneously solved in order to reduce the amount of gun violence in America.

The Role of NICS

The NICS is what gun dealers use to conduct background checks on potential buyers to see if they are eligible to purchase a firearm. According to Martha Bellisle in the article, “Gun Background Check System Riddled With Flaws,” the NICS lists people who are prohibited from purchasing a firearm (Bellisle, 2020). These people usually consist of criminals, the mentally ill, drug addicts, and individuals with dishonorable discharges. Bellisle discusses the issue of how the NICS is poorly updated by states, local police departments, and health institutions. If the NICS were constantly updated by these entities, it would become more effective in denying firearms to customers who are prohibited from purchasing one.

The Challenges with ATF

As for the ATF, the issue is their lack of enforcement of gun sale laws. In the article “When Guns Are Sold Illegally, A.T.F is Lenient on Punishment,” Ali Watkins informs readers how gun dealers often slip by the ATF when they violate gun regulations (Watkins, 2021). There have been many occasions where the ATF has failed to properly punish gun dealers for violating gun sale regulations. One reason for this failure is the difficulty the ATF faces in proving that a gun dealer intentionally violated the law, which is necessary for license revocation. This creates an issue because it is very hard to show that a gun dealer intentionally broke the law. Since it is difficult to prove intent, the majority of gun dealers file for an appeal, leading a supervisor to potentially downgrade the recommendation to revoke their license to a mere warning.

Proposed Solutions

There is a possible solution to solving the issues with both the NICS and the ATF. Providing incentives is a way to encourage states, local police departments, and health institutions to constantly share information and update the NICS. Offering tax deductions to health institutions if they have their mental health department consistently updating the NICS would incentivize them to contribute to resolving the issue. For states and local police departments, offering grants for their cooperation would serve as an incentive. If these entities receive their reward but then stop contributing to the NICS, their grant or tax deductions would be denied the following year. This condition would ensure they remain engaged in consistently updating the NICS, rather than just temporarily.

As for the ATF, changing the law to make it easier to revoke a gun dealer's license without needing to prove intentional law-breaking would be a significant step forward. Allowing a gun dealer to more easily lose their license for accidentally breaking a law should instill extreme caution in the gun dealer during transactions. This extreme caution could prevent a transaction with a criminal that, if completed, could lead to violence or even a fatality.

Conclusion

Allowing the ATF to easily revoke a gun dealer's license would provide the ATF with the opportunity to properly punish gun dealers who have violated the law and taken advantage of the ATF’s limitations for years. Properly punishing those who violate gun regulations will enhance gun security. With the NICS simultaneously improving, gun dealers would have access to an accurate list of people to whom they are prohibited from selling. If a gun dealer still sells to a prohibited person, the ATF would be able to carry out a justifiable punishment. This is why it is important to address issues in both the NICS and ATF simultaneously, so gun violence in America can decrease. The NICS provides the tool for gun dealers to be informed of prohibited buyers, and the ATF ensures compliance through enforcement and accountability.

References

Bellisle, M. (2020). Gun background check system riddled with flaws. Associated Press. Retrieved from [URL]

Watkins, A. (2021). When guns are sold illegally, A.T.F. is lenient on punishment. The New York Times. Retrieved from [URL]