About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

44 Seton Hall Legis. J. 559 (2020)
Ensuring Only "Good Guys" Can Get Guns: How Implementation of a Federal Background Check Requirement on All Firearm Transfers Can Impact Gun Violence

handle is hein.journals/sethlegj44 and id is 558 raw text is: 













  ENSURING ONLY GOOD Guys CAN GET GUNS': How
  IMPLEMENTATION OF A FEDERAL BACKGROUND CHECK
REQUIREMENT ON ALL FIREARM TRANSFERS CAN IMPACT
                           GUN VIOLENCE


                                                   Brendan  P. Barry*


      With the right to bear arms comes a great responsibility to use caution
and  common   sense .. .and it's just plain common  sense  that there be a
waiting  period  to  allow  local  law-enforcement   officials to  conduct
background  checks  on those who wish to purchase handguns.2
     -President Ronald  Reagan


I.IN TR O D U C TIO N ..............................................................................560
II. How LEGISLATION AND JURISPRUDENCE SHAPED MODERN
       FEDERAL   FIREARM  REGULATIONS. .......................................563
       A.  Legislative History  of  Federal  Regulation   on  Firearm
           T ran sfers.........................................................................5 6 3



       This title references the long-held rationale of gun rights lobbyists, The only way to
stop a bad guy with a gun is with a good guy with a gun, which NRA Chief Wayne Lapierre
emphatically stated at a press conference in 2012 following the Sandy Hook massacre. See
Meghan Keneally, Breaking Down The NRA-Backed Theory That a Good Guy With a Gun
Stops   a  Bad    Guy   With   a   Gun,   ABC    NEWS    (Oct.  29   2018),
https://abcnews.go.com/US/breaking-nra-backed-theory-good-guy-gun-
stops/story?id=53360480. Meanwhile, the NRA has continually fought legislation regulating
firearm sales and ownership making it easier for Bad Guys to get guns. See generally Jose
Pagliery, NRA Slams Gun-Background System Flaws It Helped Create, CNN (Feb. 14,
2018),         https://www.cnn.com/2018/02/23/us/nra-criticizes-gaps-it-created-in-gun-
background-system-invs/index.html.
*  J.D. Candidate, 2020, Seton Hall University School of Law, B.A., 2012, Providence
College. I would like to thank the Seton Hall Legislative Journal for the care and detail that
went into publishing this comment. A special thank you to my faculty advisor, Professor
Margaret Lewis, for her guidance and support throughout the writing process. Finally, I would
like to thank my wife, Emily, and my family for their patience, inspiration, and unwavering
support throughout this journey.
   2   Steven A. Holmes, Gun ControlBill Backed by Reagan in Appeal to Bush, THE NEW
YoRK Tim,  Mar. 29, 1991 at Al. In an address at George Washington University marking
the 10th anniversary of John Hinckley's unsuccessful assassination attempt that left former
Reagan Press secretary James Brady severely disabled, former President Reagan - a card
carrying member of the NRA - endorsed the Brady Handgun Violence Prevention Act and
background checks for those seeking to purchase a firearm.


559

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most