BC Expert: Executive Order on Gun Sales
Kari Hong’s areas of specialization are immigration law, immigration consequences of criminal convictions, criminal law, family law and LGBT rights. Prior to joining Boston College, Hong operated her own firm with offices in California and Oregon where she specialized in immigration and criminal law. Hong has prepared more than 90 actions in the Ninth Circuit Court of Appeals, representing non-citizens in asylum, removal defense, citizenship claims, and criminal defendants accused of white collar crimes, violent felonies and drug-related offenses.
"President Obama's Executive Order requiring all those who sell guns to run background checks on prospective buyers is a very modest proposal.
“Imposing duties on those who profit from the sale of a potentially dangerous product is not new. Bars and restaurants can no longer maximize their profit by selling numerous drinks to an intoxicated customer and then let him or her drive home. They used to, but once states imposed civil liability, establishments became more proactive in protecting the public by calling taxis, shortening happy hours, and refusing to serve drinks to customers who appear irresponsible.
“Gun dealers should have to play by the same rules. If Congress had not given gun dealers full immunity from civil lawsuits in 2005, gun dealers and gun manufacturers would have had to be aware of who was purchasing their product. President Obama's proposal is restoring the obligations and duties that all businesses have when interfacing with the public.
“There is no Second Amendment issue at all. Any and all government regulations over the conduct of a gun dealer has no bearing on an individual's right to bear arms.
“Unlike immigration reform - which is still tied up in the courts - the States will not be a party to any lawsuit to block this initiative. Those who oppose the executive action will likely file suit, but they will have an uphill battle in undoing it.”
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