Top Albany cops give thoughts on gun law change

ALBANY — President Obama raised more than eyebrows at the White House this month when he declared he would defy Congress and pursue enhanced gun control methods through executive action.

In part, the action would close the “gun show loophole,” which allows some part-time gun sellers to operate without a federal license on the Internet, at flea markets and at gun shows and so avoid the requirement to collect background information from their customers.

While many in Southwest Georgia oppose any weakening of the 2nd amendment to the U.S. Constitution, which guarantees the right of citizens to keep and bear arms, law enforcement heads in Dougherty and Lee counties have stated at least some support for the presidential action.

“I’m for closing the loophole,” said Dougherty County Police Chief Jackie Battle, “if that means helping to keep guns out of the hands of people who shouldn’t have them. I’m hoping this will be of benefit to the country and to law enforcement officers. We do see guns that have been purchased at shows or online showing up at crime scenes.”

Lee County Sheriff Reggie Rachals agrees.

“This is never going to stop gun violence,” Rachals said. “A lot of criminals get their guns by breaking into people’s cars or their homes. But I think background checks are a good thing. If you buy a gun at Gander Mountain or Walmart, you have to have a background check. That’s for pawn shops, too. I think it’s time we tighten this up and have checks for gun show and online sales.”

While hopeful the change will be effective, Dougherty County Sheriff Kevin Sproul expressed a more reserved attitude toward the action.

“I appreciate that the president is trying to address this issue of gun violence,” Sproul said. “Every human life we lose is a real tragedy. But I’m not sure this is doable in the way that he’s proposing. I think we have to somehow fight the battle of what’s behind it all — what makes a person walk into a shopping mall or movie theater and kill innocent people. This is a heart and head issue, I believe.”

Sproul expressed concern the action might infringe on the rights of law-abiding gun enthusiasts if small-time sellers decide it’s too much trouble to stay in business.

“I don’t know yet what the president’s plan is on this,” Sproul said. “There are so many people who are gun show enthusiasts. They collect guns like other people collect stamps or coins. (Obama) has to have a strategy for tying up loose ends.”

Albany Police Chief Michael Persley relayed to the Herald a “no comment” response to the issue through Albany Police public relations channels.

Following Obama’s announcement of the measure, the National Rifle Association issued a scathing response.

“(The NRA) will not allow law-abiding gun owners to be harassed or intimidated for engaging in lawful, constitutionally-protected activity — nor will we allow them to become scapegoats for President Obama’s failed policies,” the statement read in part.

And according to the political magazine www.thehill.com, House Speaker Paul Ryan blasted Obama’s executive actions, calling them “a form of intimidation that undermines liberty,” that violates the Second Amendment. Ryan predicted the measures would “no doubt be challenged in the courts.”

But is overturning the action what the American people want? According to an October CBS News/New York Times Poll, the vast majority of 1,289 adult Americans nationwide support making background checks mandatory for all potential gun buyers.

The greatest endorsement for the change (98 percent) came from those who identified themselves as Democrats, although 87 percent of polled Republicans and 90 percent of independants were also in support.

A December poll of 1,140 registered voters by Quinnpiac University, asking “Would you support or oppose a law requiring background checks on people buying guns at gun shows or online?” yielded similar results.

According to White House officials, the executive action will clarify the rules around which gun sellers are required to hold a dealer licence and conduct background checks. Prior to the measure, the difference between professional gun dealers and occasional, unlicensed sellers was hazy, which obstructed law enforcement from being able to crack down on people who sold large quantities of guns for profit and without a license.

In fact, the Bureau of Alcohol, Tobacco, Firearms and Explosives states on its website www.atf.gov that while a license can be required of a seller should he “repetitively buy and sell firearms with the principal motive of making a profit,” it further states that, while the quantity and frequency of sales are relevant indicators, there is no “‘magic number’ related to the frequency of transactions which indicates whether a person is “engaged in the business of selling firearms.”

In addition to narrowing the gun show and online “loophole,” the White House says Attorney General Loretta Lynch has sent a letter to states highlighting the importance of receiving complete criminal history records and dispositions, information on persons disqualified because of mental illness, and qualifying crimes of domestic violence.

Because a significant number of gun-death incidents are perpetrated by those suffering from mental illness, the Obama administration is supporting steps toward finding treatment for mentally disturbed individuals to keep them from owning guns. To address the issue, a $500 million investment is proposed to help engage those with serious mental illnesses to improve access to care by increasing service capacity and the behavioral health work force.

Also, the Social Security Administration has indicated that it will begin the rulemaking process to ensure that appropriate information concerning mentally ill individuals who may not legally own a firearm is reported to the National Instant Criminal Background System.

Sproul and Battle both expressed hopes that increased focus on mental health treatment would impact the fight against gun violence in the United States.

“I like what the president is proposing to provide more access to mental health treatments,” Battle said. “Many of the country’s mental health facilities have been closed in recent years. I hope that with these changes, more people will be able to get the help they need.”

According to Sproul, at least 31 percent of inmates at the Dougherty County jail are diagnosed with serious mental illness and are taking psychotropic drugs as a part of their treatment.

“We deal with this every day,” Sproul said.