Only the most cynical among us would not believe President Obama has been deeply impacted during his presidency by mass shootings. Those were real tears Tuesday when he reflected on the 2012 Newtown, Connecticut shooting that claimed the lives of 20 children.
“Every time I think about those kids it gets me mad,” the President said, pausing as tears streamed down his face. “And by the way, it happens on the streets of Chicago every day.”
Who among us does not deplore brutal and malicious acts by zealots and the mentally ill that cause the loss of innocent life? But there is a disconnect between the President’s evident frustration and the executive actions he’s taking.
First, the so-called gun show loophole is somewhat of a red herring. Firearms dealers already must register and run background checks, whether they’re operating at their store, at a gun show or selling on the Internet. (The President received two Pinocchios from the Washington Post Fact Checker for implying that Internet sales by dealers were unregulated.)
Private sellers who frequent gun shows don’t need a federal firearms license (FFL) and do not have to run background checks, but sales by hobbyists and collectors are, if anything, only a fringe issue. Not even the White House could identify any instance where a mass shooter obtained their weapon from an unlicensed seller at a gun show.
There is, however, a rational argument that the same rules should apply to all transactions (with some limited exemptions). Why should a person buying a gun at a show undergo a background check from a licensed dealer, but not from a private seller in the next booth?
Senator Joe Manchin (D-WV) and Senator Pat Toomey (R-PA) pushed a bi-partisan effort in 2013 to extend background checks. They lost in the Senate by just five votes, with four Democrats voting against the measure. President Obama spent no time or political capital trying to win support for the bill.
And that brings us to the next problem with Obama’s executive actions this week. Fox News Digital Politics Editor Chris Stirewalt says they may well be unconstitutional, an overreach of executive authority.
“Courts have struck down, repeatedly, efforts by governments to restrict individuals’ abilities to own firearms. In other cases, the courts have demanded at least legislative permission before restrictions have been imposed.”
President Obama missed that opportunity by not working with Manchin and Toomey, and now with his unilateral action the President has invited even more recalcitrance from gun rights groups, further dividing the country on the issue.
The steps taken by the President may make him feel better, but ultimately they are not helpful nor do they address the substance of the problem.