Mass shootings in the US: Due to legal loopholes?

July 25, 2015 10:10

(Baonghean) - Although mass shootings only account for a small part of overall gun violence, they seem to be becoming more common in the United States. That reality exposes the problem this country is facing: loopholes in controlling gun ownership.

On the evening of July 23, US time, a gunman opened fire at a movie theater in Lafayette, Louisiana, USA, killing two people and injuring seven others before taking his own life. The attacker is believed to be a 58-year-old white man, armed with a handgun and according to witnesses, he opened fire for about 20 minutes during the movie screening. Police have identified him but have not released any further details, only saying that the perpetrator had a criminal record. The Governor of Louisiana told the press: "This is a bad night for Lafayette, for Louisiana and for the entire United States."

The incident occurred just three days after the third anniversary of the Aurora, Colorado, movie theater shooting that killed 12 people and injured 70; and shortly after two previous tragedies in Charleston and Chattanooga that claimed the lives of nine and five innocent people, respectively, sent shockwaves through communities and the entire United States. Just hours earlier, US President Barack Obama told the BBC that gun reform was his “biggest failure” in office. “If you look at the number of Americans who have died from terrorism since 9/11, it’s less than 100,” he said. “But if you look at the number of people who have been killed by gun violence, it’s in the tens of thousands. It’s heartbreaking that we haven’t been able to solve this problem.” This is indeed a difficult question for Mr. Obama in particular and the United States in general, when during his term, this president has repeatedly promoted stricter gun control but has not been able to bring about any significant changes to the laws.

Cảnh sát Thành phố Lafayette và bang Louisiana phong tỏa một tuyến đường sau khi xuất hiện thông tin xả súng ở rạp Grand. Ảnh: Advertiser
Lafayette and Louisiana police blocked off a road after reports of a shooting at the Grand Theatre. Photo: Advertiser

According to CNN, on average, 88 citizens die every day in the United States due to gun violence. Not every incident appears in the news, but clearly each of their lives is important, and losing each one is a heavy loss for this developed country. Therefore, every American citizen, including political leaders, is struggling day and night to find the answer to the question: What can be done to prevent similar shootings in the future? How can gun violence no longer appear so frequently in the daily news?

The Louisiana shooting comes as Americans are still trying to figure out the cause of the July 16 incident in Chattanooga, but recent media reports suggest the gunman who killed the Marines took advantage of a loophole in online gun sales and purchased at least one of the weapons online, knowing it was easy to buy “hot stuff” that way without going through a background check or answering any questions. A month earlier, the heartbreaking incident in Charleston was also the result of an incomplete background check at the federally licensed gun store where the killer bought his guns.

To understand these issues, it helps to understand the history behind background checks. The 1993 Brady Background Check Act required gun dealers to conduct background checks on all buyers through the Federal Bureau of Investigation (FBI). But as Congress debated the bill, the National Rifle Association proposed and successfully pushed an amendment that would allow licensed gun dealers to sell guns after three business days, even if the FBI had not yet determined that the buyer was legally allowed to own the gun.

Most background checks are completed in just a few minutes, but in some cases they can take more than three days. In those rare cases, there is usually something uncertain about the buyer's background that requires further investigation. The bottom line is that the FBI only has three days to complete the check before the seller can proceed with the transaction. According to CNN, between 2010 and 2014 alone, this time limit allowed more than 15,000 guns to be sold to people who could pose a danger to society.

Let's make some simple hypothetical comparisons with other industries to see the problem with the above regulation. In the banking sector, when the credit check is not completed, the credit officer will not recklessly lend money to the customer after only 3 days. Similarly, the doctor will not rush to conclude the patient's condition just because after 3 days the test results are not available. The American Rifle Association's campaign to amend the Brady Bill more than 2 decades ago undoubtedly made buying and selling guns simpler and easier, consequently putting the lives of the American people at greater risk and danger. Reality proves that this country's Congress made a serious mistake, because the background checks should have only had 1 of 2 results: passed or not, to avoid the case of someone being able to buy a gun when the check was labeled "incomplete". The American people need to speak up and demand that Congress quickly fix this dangerous loophole so that no criminal can purchase a gun this way.

Of course, waiting for Congress isn't the only thing we can do; America needs to call on retailers to only conduct transactions after they have completed a thorough background check, demonstrating their right and responsibility to ensure that those who come to buy guns are not criminals, abusers, or mentally ill.

After recent tragic events, as the curtain is lifted on the tragedy, it is easy to fall into the trap of hypotheticals: What if they had done differently? The reality is that America cannot change the past, but it can absolutely ensure a more peaceful future. It is up to every American citizen, from leaders to gun dealers and ordinary people, to raise awareness about gun control and use, close the current loophole and remove America from the list of developed countries struggling with gun violence.

Thu Giang

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Mass shootings in the US: Due to legal loopholes?
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