Every day, guns kill 125 people across the United States. Yet fault does not lie with the everyday gun owner; it traces back to a fundamental failure in our constitutional system to shield our children from the few who seek to do harm. This balanced gun plan aims to  safeguard the rights and liberties of Americans in alignment with the Second Amendment whilst responding to the imminent violence facing our children.

Constitutionality is the most important aspect of this plan. Firstly, the Second Amendment states: “A well-regulated militia, being necessary to the security of a free State, the right of  the people to keep and bear arms, shall not be infringed.” A key Supreme Court ruling applying this principle is NYSRPA v. Bruen II. The landmark ruling from this case asserts that any new law must demonstrate “it is consistent with the Nation’s historical tradition of firearm  regulation.” Nonetheless, the legitimacy of “longstanding prohibitions on the possession or firearms [..] or laws forbidding the  carrying of firearms in sensitive places, such as schools and government buildings” is equally emphasized. 

Another legal cornerstone of this plan is the Tenth Amendment, that state’s rights must be protected and respected, and the “shall-issue,” which posits that if the criteria for gaining access to a firearm is met, it must be given. As Printz v. United  States (1997) demonstrated, “commandeering” a state to do certain things has been ruled unconstitutional. Therefore, this plan will allow only baseline laws to be met and incentivize local co-operation for state-specific laws.

Under these constitutional groundwork, this plan recommends setting a federal baseline by simplifying the current convolutions in gun regulation. The first prong of this strategy is to improve the National Instant Criminal Background Check System (NICS), which requires background checks on individuals purchasing firearms. Although intended to ensure public safety, the NICS has increasingly become an obsolete system by overlooking many dangerous purchases, with only 1.26% of purchases being denied in 2021. Specifically, this plan will close the Charleston Loophole, a federal law which allows firearm purchases to proceed should background checks not be completed within six days. By extending the process time to six days and consulting experts in this process, we will be able to better prevent truly dangerous purchases. 

The second prong of this plan is to enhance safety requirements for select weapons. Congress would devise a list of gun types and their features that pose a risk in high density areas, considering factors such as their usage in mass shootings, capacity, and fire rate. A bipartisan, independently advised committee will compile a list which would be factually reviewed and updated annually. Firearms under this list will simply require a slightly extended background check involving more carefully scrutinized criminal records such as restraining orders and adjudicated mental health records search. Local law enforcement will be granted the freedom to conduct their own review if necessary.

Furthermore, these guns would be subject to a 10-minute safety course and storage advice, with lockboxes given with purchases made when children are in the area. Areas categorized as rural by Congress will ideally have a short check by local law  enforcement given their likely intimacy with residents before providing access to the firearm. This will be followed by the granting of a 10-year physical permit. By ensuring similar levels of scrutiny across states, cross-checks at the state’s discretion may expedite the process. 

The third prong of this plan is introducing a measure called “Emergency Prevention Measures” (EPM). While similar to the Extreme Risk Protect Order (ERPO) Act, this system will have a stronger due process, avoiding instances where even a “disgruntled co-worker” could resort to unconstitutionally denying individuals of their right to bear arms. Under the EPM, misdemeanor charges will be applied to malicious invocations of the law. Each state will be given funding and training guidelines for law enforcement officials to mitigate biases and effectively enforce the EPM.  

Finally, this plan proposes stronger community involvement in arms regulation. Mental health services and non-profit organizations would collaborate to provide lifelines, accompanied by simple measures such as supervised sports areas. 

I am 15. I do not have all the answers, and we need experts and Congress to effect real change. This administration creates unique opportunities for us to tackle this heartbreaking issue––to ensure the children of the future spend their recess not sheltering in classrooms but playing without fear.

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