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Gun Control Compromise Reached in the Senate

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This week, Senators Pat Twomey (R-Pa.) and Joe Manshin (D-W. Va) reached a compromise deal that has a good chance of passing Congress. The bill expands the existing background system to cover virtually all sales like online and gun shows throughout the country.

Dealers are protected once the buyer is cleared by the background check. The protection even extends to a buyer who clears the background check, purchases the gun and uses it to commit a crime. The performance of the background check establishes the necessary due diligence under the law to shield the seller from liability once the buyer passes the background check. The compromise deal has a sweetener for sellers. Licensed gun dealers are now able to sell out of state. As a result, Illegal firearm sales will be harder to accomplish under the deal.

This deal does not cover background checks on sales between individuals or transfers/gifts between friends or relatives. Barter exchanges between individuals would also not be covered ( i.e. the exchange of an iPod for a gun). The inheritance of a gun is another area which should be monitored through a gun registration procedure for the successive owner.

There will be no universal gun registry for gun owners. The compromise wouldn’t ban the most egregious gun sales to individuals, like the weapons used by Adam Lanza in Newtown, Conn. but the mayors of major cities and metropolitan centers got most of what they wanted with the required background check.

This compromise deal is an important first step which most mayors and President Obama applaud, although more needs to be done. The remaining regulatory restrictions should include background checks in private sales/exchanges, banning high powered firearms and better monitoring of interstate sales through a national registry.

Regulation of the sale and use of guns is nowhere near as comprehensive as regulation of automobile purchases/sales, registration, licensing, fines for careless operation of a motor vehicle, yearly auto inspection and insurance.

The individual states need to consider requiring gun owners to pass rigid tests for the use of a firearm, safety measures in the maintenance of a firearm, a required license/permit, required background checks and firearm liability and medical insurance to compensate the public for losses due to the negligent discharge of a firearm. Only then will the public be protected against a virtual cascade of avoidable crimes, accidental discharges and collateral damages.

Even if the current gun control deal passes Congress, the debate over more stringent gun controls will continue into the foreseeable future.

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About Dr Joseph S Maresca

I've taught approx. 34 sections of collegiate courses including computer applications, college algebra, collegiate statistics, law, accounting, finance and economics. The experience includes service as a Board Director on the CPA Journal and Editor of the CPA Candidates Inc. Newsletter. In college, I worked as a statistics lab assistant. Manhattan College awarded a BS in an allied area of operations research. The program included courses in calculus, ordinary differential equations, probability, statistical inference, linear algebra , the more advanced operations research, price analysis and econometrics. Membership in the Delta Mu Delta National Honor Society was granted together with the degree. My experience includes both private account and industry. In addition, I've worked extensively in the Examinations Division of the AICPA from time to time. Recently, I passed the Engineering in Training Exam which consisted of 9 hours of examination in chemistry, physics, calculus, differential equations, linear algebra, probability/ statistics, fluids, electronics, materials science/structure of matter, mechanics, statics, thermodynamics, computer science, dynamics and a host of minor subject areas like engineering economics. A very small percentage of engineers actually take and pass the EIT exam. The number has hovered at circa 5%. Several decades ago, I passed the CPA examination and obtained another license in Computer Information Systems Auditing. A CISA must have knowledge in the areas of data center review, systems applications, the operating system of the computer, disaster recovery, contingency planning, developmental systems, the standards which govern facility reviews and a host of other areas. An MBA in Accounting with an Advanced Professional Certificate in Computer Applications/ Information Systems , an Advanced Professional Certificate in Finance and an Advanced Professional Certificate in Organizational Design were earned at New York University-Graduate School of Business (Stern ). In December of 2005, an earned PhD in Accounting was granted by the Ross College. The program entrance requires a previous Masters Degree for admittance together with a host of other criteria. The REGISTRAR of Ross College contact is: Tel . US 202-318-4454 FAX [records for Dr. Joseph S. Maresca Box 646 Bronxville NY 10708-3602] The clinical experience included the teaching of approximately 34 sections of college accounting, economics, statistics, college algebra, law, thesis project coursework and the professional grading of approx. 50,000 CPA examination essays with the American Institute of Certified Public Accountants. Additionally, membership is held in the Sigma Beta Delta International Honor Society chartered in 1994. Significant writings include over 10 copyrights in the name of the author (Joseph S. Maresca) and a patent in the earthquake sciences.
  • Dr Dreadful

    Oh well…

  • Dr Joseph S Maresca

    The background check issue is having a rough ride in the Senate. This week’s bombings in Boston demonstrate just how difficult it is to protect the public against harm.