The Senate gun bill is terrible

Liberals should hate the bill because most of its gun-control provisions are antithetical to their criminal-justice reform agenda. The law expands the categories of those to whom it is unlawful to sell a gun or ammunition to include anyone convicted of a felony as a juvenile. This will ensnare many because the modern definition of a “felony” is exceptionally broad and includes offenses that aren’t particularly serious. The bill also changes the federal prohibition on selling firearms to those who have been involuntarily committed to a mental institution. While it excludes involuntary commitments before age 16, the bill significantly strengthens the enforcement of the prohibition against those involuntarily committed between 16 and 18…

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The gun ban would have significant racial and socioeconomic disparities. Wealthy communities will find ways around the gun ban for their children: having robust pretrial diversion programs that don’t result in technical convictions, accessing pardons through the political process, and hiring lawyers to expunge convictions. In poorer communities, children will simply be forced to take pleas that will forever alter their futures. The same goes on the mental-health side: Wealthy parents can seek voluntary treatment for their children in circumstances that may cause poorer families to seek involuntary commitment. The bill also raises the maximum prison term for unlawful firearm possession from 10 years to 15, and these regulatory offenses—as liberals often complain—disproportionately affect poor and minority communities.

Conservatives and gun owners should hate the bill, too. Gun owners who have committed juvenile indiscretions will find that they are no longer able to purchase firearms or ammunition. The bill also has strange technical defects. It prohibits the sale of guns and ammunition to those convicted of juvenile offenses, but it doesn’t explicitly ban possession—a loophole that someone will clamor to close later. For adults who had involuntary commitments before they were 16, the reverse is true: The bill allows firearms to be sold to them, but it doesn’t decriminalize their possession of a firearm.

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