Saturday, January 12, 2013
Distinguish gun ownership, gun possession, and gun carry
The definition of the following must be made clear first to distinguish (1) Gun Ownership, (2) Gun Possession, (3) Gun Carry. If you mix up these three, the gun control debate would become non-sense.
Gun Ownership is a universal right, even a minor child can own a gun he rightfully inherited from his deceased parent, but the gun must be deposited in the government safe until the child is fit to qualify for Gun Possession. To regulate gun ownership, we must regulate gun ownership conveyance. To this effect, we have to institutionalize a Gun Registry of Deeds. With gun property ownership rights and ownership conveyance clearly defined, gun can be sold or rented out just like any personal property under strict regulations.
Gun Possession is the right of the individual to bear arms in his place of dwelling or place of business for self- and property-defense purposes. Gun possession must be regulated to ensure that the person who possess the gun meets the qualification on the regulatory policies on gun possession licensing. When I say qualification, he must be at least 18 years old, owns a property to protect, psychologically fit, and spouse's consent among others. Society might not want a person who is jobless and homeless to get and maintain a license to possess a gun. The moment the person who possess a gun brings it outside his real estate property, it becomes a Gun Carry. A person who is authorized to gun possession must have a license to possess a gun.
Gun Carry is when you bring your gun outside your property, meaning in someone else's property or in a place called public area or common area, such as schools, malls, church, and even streets. Gun Carry must be regulated in a manner that only law enforcers on duty and in uniform must be allowed to Gun Carry. A person who is authorized to gun carry must have a gun carry license.
Gun ownership, gun possession, and gun carry have different responsibilities, obligations, and liabilities. For example, a gun owner must be responsible to register deeds of conveyance, such as, if he sells the gun, he must be sure that the buyer has license to possess a gun. A person who is authorized by a license to possess a gun must keep the gun in the safe as specified by law.
No who is liable to a gun crime? The person who hold and shoot the gun must be the one who will be primarily liable. If the ownership of the gun is registered to someone else other than the shooter, the owner must also be liable if he disobeyed the procedure of gun ownership. If the license to possess of the gun is under the name of someone else other than the shooter, the gun possession licensee must also be liable if he disobeyed the procedure that comes along with the license to possess gun.
A person may own as many guns, no restriction, as long as it is kept in a lock safe of the government or government accredited gun firing range. A person may be given license to possess one firearm only with limited number of ammunition.
For government law enforcers on duty and in uniform, they will carry THE GUN that is prescribed and ORDERED by their commanders, whether that be a small caliber, a regular hand gun, a machine gun, a shotgun, an assault rifle, a sniper gun, a bazooka, a mortar, or even a battle tank. However, when off duty, the law enforcers are ordinary citizens and must abide by the rules of gun ownership, gun possession, and gun carry.
This has always been my position as a gun policy advocate.