You say you do not think criminals or truly mentally ill should get them but if not for background checks, how do you think we could enforce that? You can't. Do the criminals go down to HPD and say "hey I need a background check so I can go steal a gun or pick one up from a guy I know for dirt cheap cause it's hot"? And the mentally ill are a whole other ball of wax that we as a society are ignoring at our peril for multitudes of reasons. Too many are ignored or thrown away. Most of the time when the mentally ill commit a crime it's our fault as today nobody wants to intervene for fear of legal repercussions. The Red Flag laws are too little too late and do nothing to truly help people. It just strips people of their rights without any true evidence, just the word of another under a secret court order. Think FISA for the people. If the gov't wants to help then pick them up and give them a 72 hour psyc hold. Oh, but you can't because it infringes on their civil rights and due process. But it's ok to strip them of their rights to own a firearm without due process.
The 5th amendment has some restrictions but the 4th amendment, I would say, has a much longer and storied list of exceptions, with a lot of it stemming from law enforcement. So while no one gets a background check for their 4th amendment there are numerous instances where a 4th amendment protection is denied. Not saying I necessarily agree with all of them but there is a historical precedence for restricted rights. But even 4th amendment violations make their way through a legal system and the "victim" is at least accused of a crime, not a "pre-crime". People aren't pulled over for going the speed limit, but the officer says they MIGHT be in the future.
According to this article which quotes the ATF, in 2017 112,000 background check applicants were denied, of which 12,000 were referred for further investigation. Also in the article it says the FBI found that about 181,000 or 1% of firearm related background checks were denied because the person was prohibited from owning a firearm. It doesn't give a breakdown of why the applications were denied. And on top of that you have various states which have their own checks so there are going to be some amount of additional people who applied when they were prohibited. Percentage wise the number is not huge however that still does mean nearly 200,000 people who couldn't own firearms were going through background checks.
https://www.usatoday.com/story/news/politics/2018/09/06/gun-laws-report-finds-few-rejected-during-background-checks-charged/1213216002/ If LEO is not going to prosecute, why are we even bothering? What purpose does it serve? Other than to impose a burden on the citizenry.
As for your question locally I don't know if that data is released to the public. Have to do some digging to see if it is available somewhere. please do and share
I don't think it makes sense to calling Chicago not a closed system to somehow justifying communism. (that was sarcasm) A closed or open system is a scientific concept used in a number of different science disciplines from sociology to physics. If something is not a closed system it just makes it harder to determine the effect of a single variable because other variables are effecting it. So if Chicago were its own country with a secure border and the same strict gun laws but still high levels of gun crime then we could look at it and make stronger conclusions about the effectiveness or ineffectiveness of the gun laws. But since people can drive in and out of Chicago from other states with other laws it becomes much harder to prove what effect the strict gun laws in Chicago have on gun crime there. Even Hawaii is not a closed system though it is more closed than Chicago. But we do have lower rates of gun crime here too so the argument can cut both ways.
What are the effectiveness of gun laws? Ask Brazil which is it's own country with "secure" borders and stricter gun laws.
What about india?
As of present day, the
gun laws in India are one of the most stringent in the world. Any ordinary citizen in India cannot just go to a shop and buy a gun. The strict draconian laws in India on arms control have made it nearly impossible for an ordinary citizen to own a gun. Nevertheless, the procedure for acquiring a gun is laid down clearly by the Arms Act, 1959 under Chapter III.
● First and foremost, to own a gun in India, a civilian needs to be minimum 21 years of age. An application form needs to be filled by the applicant which asks about his or her past criminal behaviour. Guns are for only three purposes: crop protection, sport and self defence. For a self- defence license, a civilian has to prove imminent threat to life. Protection can also be from wild animals.
● Other than that, certain documentation is necessarily required of the applicant- identity proof, residence proof, proof of age, proof of education, residence proof, 4 photographs, last three years’ income tax returns, character certificate after verification from eminent members in the locality, health certificates both mental and physical.
● The next step involves the police performing applicant’s strict background check for 2 months. Interviewing the applicant and his family, his neighbours, checking his mental health history, behaviour towards others- suppressive or aggressive , domestic violence etc.
● The recorded interviews are then sent to the Criminal Branch and National Crime Record Bureau for record keeping. It is after this that the licensing authorities interview the applicant and the reason for their approval or declining of license is also documented.
● The applicants whose applications are approved have to observe mandatory arms handling course whereby they learn safe handling, firing and transporting a gun.
● The license granted has to be renewed after every three years. Since owning a gun in India is only a privilege and not a right, the Government reserves the right to confiscate such weapons at any time.
● In case a civilian intends to procure a gun from a factory, more documentation is required- residential proof, the factory must possess a transportation license to transfer a gun, and a mandatory No Objection Certificate for the factory owner and the police. This process requires a month after which it has to be produced for inspection and record keeping.
● It is mandatory for any person carrying a gun to carry it in a holster or a rucksack in case of rifles.
In Brazil, all firearms are required to be registered with the minimum age for gun ownership being 25. It is generally illegal to carry a gun outside a residence, and a special permit granting the right to do so is granted to certain groups, such as law enforcement officers. To legally own a gun, an owner must hold a gun license, which costs R$1000, and pay a fee every three years to register the gun, currently at R$85. It is estimated that there are around 17 million firearms in Brazil, 9 million of which are unregistered.
The US doesn't even make this list and has the highest gun ownership in the world
referenced from:
https://www.weforum.org/agenda/2019/08/gun-deaths-firearms-americas-homicide/