While I agree with most of what you've said, I have a couple of points to disagree on.frankie_the_yankee wrote:Jim,
ECON101 applies to nearly everything we do that involves choices. Economics is just the study of both individual and aggregate human behavior, and how we judge the various tradeoffs we encounter in life.
Look at shall issue CHL laws. Before such a law is passed, LAC's either couldn't get permits or could get them with great difficulty. So few carried. (Most obey the law, right?) Of course criminals couldn't get permits either before or after shall issue is passed. So the obstacles to them carrying were not changed. But passing shall issue lowered the barriers for LAC, and as a result more of them (usually many more) choose to carry.
If you make something harder, people do less of it. If you make it easier, they will do more of it. If you have two groups of people, say LAC's and criminals, and you make it easier for one while making it harder (or not changing it) for the other, more of the beneficiary group will do the thing compared to an equal or lower number of the non-beneficiary group.
Now it's true that a background check requirement (for a CHL) cannot stop someone from carrying if they are determined to do so. If that's your point, point taken.
But I can just as well argue, why have ANY laws against carry, even for criminals? They'll just break the law anyway, right? But we DO have laws against criminal carry, and for good reason. It gives us an ADDITIONAL serious crime to charge them with when we catch them doing something ELSE. So we can lock them away for a longer time.
From ECON101, we want it to be easy for LAC's to carry, while making it hard for disqualified persons (criminals, those adjucated incompetent, etc.). So we pass a law against criminals carrying. To make the biggest difference possible, we make the sanction severe. (Note: In most states, the penalty for a criminal carrying is greater than that for an unlicensed non-criminal.) The penalty for the disqualified person becomes greater, while the "benefit" of carrying stays the same. So fewer disqualified persons can be expected to carry.
(FYI, in economics the phrase, "at the margin" refers to the change in output (carrying in this case) that you get for an incremental change in input (obstacles to or penalties for carrying).)
Now let's move to the street. Absent a CHL, how is an LEO to know whether someone they encounter is legally carrying or not? Do they run a full NICS check on everybody they contact? Not sure if that's practical. And what if the computer is "down"?
A CHL is a handy way of establishing that you're a good guy. And to the criminal, since he doesn't have it, his chances of bluffing or fast talking his way through a situation are reduced. His risks are incrementally greater so at the margin, he may be less likely to do it.
Another thing that background checks for gun buyers certainly do is put an additional obstacle in the path of the disqualified person. (The system didn't pick up Cho, but that's just a detail. It could be tweaked, or not.) As I stated, you or I can buy any gun we want, any time we want. So the "barrier" for us is low. The criminal (because he will fail the background check) is forced into the black market. So the barrier the criminal faces is higher than ours - quite a bit higher.
So for a criminal, a background check requirement makes it more difficult to buy a gun than if they could just walk into a store like we can. And it doesn't change the "benefit" they get from owning it at all. So at the margin, fewer of them can be expected to do it.
As for VT, they and certain other states (the Dakotas for instance) have a low crime rate because they have a very peaceful population. I have spent a lot of time in VT, and I can tell you that the ability to freely carry guns has nothing to do with it. The cultural environment there seems to produce very few violent types.
For all that VT is held up as an ideal RKBA state, very few (non-LEO) people there actually carry guns on any kind of regular basis. I would say far fewer than is normal here in TX.
I come from a "discretionary" state. Believe me, living in "shall issue" TX is A MILLION TIMES BETTER.
As long as they HAVE TO sell me the gun when I pass the background check, and as long as they HAVE TO issue me a CHL when I meet the requirements, I'm good with it. ANY non-criminal, non-lunatic, non-quadriplegic can meet the requirements. The slippery slope argument doesn't apply as long as these things don't change.
And point of fact, it's the Brady Bunch that is all frothed up about slippery slopes these days. Look at how far shall issue has come in 20 years - something like 40 states now. And many states, like TX, continue to improve their laws, removing silly restrictions that may have been needed in the initial compromise (to get shall issue passed) but are now seen to be meaningless.
From the Bradys' perspective, give it 20 more years on THIS slippery slope, and EVERY state will probably be shall issue. They'll feel like vampires locked out of their crypts facing a sunrise.
No one HAS TO sell you a gun. It's up to the discretion of the business whether they sell you anything. It would be more accurate to say that the FBI cannot deny you without a very specific reason.
I don't see California going shall issue in 20 years. I just don't think it will happen. There is such an embedded misconception about guns in the mind of so many people there that I do not believe can be eroded in a span of 20 years.
Yes, these are small points. I didn't have a whole lot to disagree with you here.