Through the radio, television, print, electronic and social media, we all are sufficiently aware about the assassination attack, with the bullet fired from a semi-automatic rifle, on the former US President Donald Trump while commencement of his campaign speech from a stage at a Pennsylvania rally on Sunday the July 14, 2024 in which he got injury and lost a small portion of his right ear. The suspect attacker, identified as Thomas Matthew Crooks (20), was shot dead on the spot by the US Secret Service snipers.
Though there is a sufficiently strong and meaningful gun licensing procedure in the US, yet it is termed as flexible, easy, and smooth as compared to that of the other developed countries, which might have been made for the self safety and security of the individual citizens but more or less, it is being misused by some persons with ‘sick’ mindset.
Quick reaction:
Even the US President Joe Biden, while commenting upon the missed assassination gun attack on former President has strongly condemned and repeatedly termed the action as ‘sick’. The President Biden said,
“There is no place in America, for this kind of violence. It’s ‘sick’, its ‘sick’.”
Who is eligible for a firearms license in the US:
As per the information available on the official website (https://www.atf.gov/) of Bureau of Alcohol, Tobacco, Firearms and Explosives shortly known as ATF,
An application for a federal firearms license will be approved if the applicant:
- Is 21 years of age or over;
- Is not prohibited from shipping, transporting, receiving or possessing firearms or ammunition, nor in the case of a corporation, partnership, or association, is any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association prohibited from shipping, transporting, receiving or possessing firearms or ammunition;
- Has not willfully violated the Gun Control Act (GCA) or its regulations;
- Has not willfully failed to disclose material information or has not made false statements concerning material facts in connection with their application;
- Has premises for conducting business or collecting; and
- The applicant certifies that:
- The business to be conducted under the license is not prohibited by state or local law in the place where the licensed premises is located;
- Within 30 days after the application is approved the business will comply with the requirements of state and local law applicable to the conduct of the business;
- The business will not be conducted under the license until the requirements of state and local law applicable to the business have been met;
- The applicant has sent or delivered a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license; and
- If the applicant is to be a licensed dealer, the applicant certifies that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (“secure gun storage or safety device” is defined in 18 U.S.C. 921(a)(34)).
[18 U.S.C. 923(d)(1); 27 CFR 478.47(b)] (Last Reviewed July 9, 2020)
Brief introduction about (US) Gun Control Act of 1968:
This Legislation regulated interstate and foreign commerce in firearms, including importation, “prohibited persons”, and licensing provisions.
Assassinations and Gun Control (in US):
After the assassinations of President John Kennedy, Attorney General Robert Kennedy and Dr. Martin Luther King, Jr., the Gun Control Act is passed and imposes stricter licensing and regulation on the firearms industry, establishes new categories of firearms offenses, and prohibits the sale of firearms and ammunition to felons and certain other prohibited persons. It also imposes the first Federal jurisdiction over “destructive devices,” including bombs, mines, grenades and other similar devices. Congress reorganizes ATU into the Alcohol and Tobacco Tax Division (ATTD) and delegates to them the enforcement of the Gun Control Act.
Incorporated Acts of the GCA are:
Firearms Owners’ Protection Act of 1986; Brady Handgun Violence Prevention Act of 1993; NICS Improvement Act of 2008; and Bipartisan Safer Communities Act. [Last Reviewed October 21, 2022]
Brief introduction about the ATF:
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) was established as a separate component within the Department of Justice pursuant to Title XI of the Homeland Security Act of 2002, Public Law 107-296, on January 17, 2003.
The mission of ATF is to protect communities from violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of terrorism, and the illegal diversion of alcohol and tobacco products.
The major functions of ATF:
The major functions of ATF are to reduce the risk to public safety caused by illegal firearms trafficking; Reduce the risk to public safety caused by criminal possession and use of firearms; Reduce the risk to public safety caused by criminal organizations and gangs; Improve public safety by increasing compliance with Federal laws and regulations by firearms industry members; Reduce the risk to public safety caused by bombs and explosives; Reduce the risk to public safety caused by criminal use of fire; Improve public safety by increasing compliance with Federal laws and regulations by explosives industry members; Reduce the loss of tax revenues caused by contraband alcohol and tobacco trafficking.
Bad impacts of open firearm culture in the US:
Records tell us that 11 out of 45 i.e. about 25 per cent persons who served as US president have been shot. It is a big figure indeed and really a matter of great concern. News about open firing in the shopping malls, parks, public places are frequently received from US which are the matters of great concern in the huge public interests. Sudden assassination of innocent citizens, without any justified reason, by the gunmen is very much painful and such actions must be controlled with the help of strong laws and strict procedure of gun licensing not only in the developed nations like US but each also in the developing as well as under developed countries. There should be no compromise with the lives of innocent citizens, unaware of sudden attacks. US Security forces have set an example by on the spot killing of suspected gunman who made an unfortunate attempt to assassinate Trump.
Indian Prime Minister Narendra Modi, who is having over 100 Million followers, condemning the violent action, posted on the social media platform ‘X’ , read as:
“Deeply concerned by the attack on my friend, former President Donald Trump. Strongly condemn the incident. Violence has no place in politics and democracies. Wish him speedy recovery. Our thoughts and prayers are with the family of the deceased, those injured and the American people.”
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Necessary amendments In the Law:
There is a saying in India that the fire seems mare a ‘fire-show’ when it catches someone else’s house but it is realized as ‘destructive fire’ when it catches one’s own house.
Possibilities are there that keeping in view the latest attempt of assassination; the demands of public-protestors seeking positive amendments in the laws relating to the firearm licensing process will definitely be considered with the broad minds. History shows that the interests of the firearm manufacturing industries, distributors and sellers are also kept in mind at the time of general elections in US. It is quite much evident from the past facts of election campaigns. Now, the General Elections in US are scheduled to be held on November 05, 2024. There is sufficient time available with the candidates to chalk out their pre-election campaigns especially on the issues relating to the open firearm culture, lawful amendments in the licensing procedures thereof, and restrictions on their transfer and utilization, aiming that in future, no such ‘destructive and daring’ attempt be repeated at least in the developed United States.
By :- Sunil Kumar Gund
