Proponents of government-mandated “universal” background checks on gun buyers make a bad counterargument to those who oppose the popular proposal. Opponents correctly point out that people with criminal intent can reasonably be expected to find gun-buying channels that require no background check. Gun-running is among the oldest professions, and the black market will always be with us. Just ask anyone who wants to buy illegal drugs. So it is valid to point out that the promise of
universal background checks—even if that were a legitimate government activity—is chimerical because universality can’t possibly be achieved.
Supporters, however, challenge this argument by contending that it proves too much: If legislating background checks is futile as a crime-fighting measure, they ask, why have laws any against criminal activity, such as the prohibition of murder? Those laws will never stop
everyone from a committing crime, so what’s the point?
I find this argument flawed. Let’s remember that the background-check requirement is intended, prophylactically, to keep guns out of the hands of those who would do harm. In contrast, the state’s prohibition against murder is intended, retrospectively, to authorize government agents to apprehend, prosecute, and imprison people who commit unjustifiable homicide. Yes, there may be some deterrent intent (and effect), but the main objective is to permit action against those suspected of murder, etc.
Supporters of background checks may respond that a “universal” law would permit the state to go after those who have used guns aggressively. But this argument is of no force simply because if someone uses a gun aggressively, the state already has grounds to apprehend and prosecute. What value is there in being able to also charge a suspected mass murderer with illegal possession of a gun?
In my view, this practical criticism of legislated universal background checks withstands scrutiny. The law would give a false sense of security by promising what it cannot deliver, but meanwhile could impede persons without criminal intent from obtaining firearms for self-defense. Someone determined to commit a mass shooting or other crime can reasonably be expected to buy his or her guns through channels that do not require background checks, and that won’t be too difficult. But people without criminal intent will be reluctant buy guns outside the law, even if they aren’t able to get one legally. (Someone with a felony drug conviction, for instance, may not legally possess a gun.)
Of course this criticism, although valid, is not specifically a libertarian criticism. A more specifically libertarian criticism is that mere possession of a firearm involves no aggression, regardless of a person’s background, and therefore should not be prohibited. (Property owners of course should be free to manage their property with respect to guns as they like.)
But isn’t the law worth it if it might save one innocent life? And what if the law might cost one innocent life? Why is one innocent life regarded as more valuable than another?