MCViewPoint

Opinion from a Libertarian ViewPoint

Background Checks Violate Property Rights – The Future of Freedom Foundation

Posted by M. C. on June 19, 2019

If passed, this would set a dangerous precedent, for if government has the authority to impose a background check for guns, it can impose a background check to purchase, sell, transfer, or loan privately owned cars, cell phones, homes, or anything else.

Things you don’t think about until it is too late.

https://www.fff.org/explore-freedom/article/background-checks-violate-property-rights/

by

…The Democratic Party-controlled U.S. House of Representatives has introduced a bill to force everyone to undergo a background check to sell, purchase, transfer, loan, or otherwise exchange firearms, which would require anyone wishing to do so to find a dealer and pay him to do the paperwork involved. This is an added and unnecessary expense especially for people living in rural areas where guns are borrowed, sold, or traded routinely, and where there may not be a licensed dealer within a reasonable drive. Such people would find it difficult, if not impossible, to comply.

More important, Congress has no jurisdiction over the private property of individuals. Therefore, the requirements of that license cannot apply to them. Since the acquisition and disposal of property is a fundamental right, no one needs government permission to acquire or dispose of his legally acquired property. As Armen A. Alchian (1914–2013), professor of economics at the UCLA and who is often called “the Armenian Adam Smith,” pointed out in his article “Property Rights”: “A property right is the exclusive authority to determine how a resource is used…. A private property right includes the right to delegate, rent, or sell any portion of the rights by exchange or gift at whatever price the owner determines…. Private property rights are the rights of humans to use specified goods and to exchange them.”

If passed, this would set a dangerous precedent, for if government has the authority to impose a background check for guns, it can impose a background check to purchase, sell, transfer, or loan privately owned cars, cell phones, homes, or anything else. Our system of justice operates on precedent. This is why the question posed to all federal judicial appointees during their confirmation hearings is whether they will respect and uphold precedent. Once a precedent is set, it is easy to expand the coverage of a law or pass similar legislation based on that precedent. An example is Medicare. It started as medical coverage for the elderly. Now try arguing against Medicare for all. The precedent was set by the first Medicare law. If the federal government has the authority to pass Medicare for some, it has authority to pass Medicare for all. The same is true of gun laws. If government can dictate under what conditions you may acquire and dispose of firearms, it can later use the same precedent to tell you how to acquire and dispose of any other piece of personal property…

Be seeing you

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