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essay gun control history united states mla scribd.com
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history of gun control essay
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With many recent incidents that involve guns between 2012 and 2013, gun control laws have become a hot topic in America. On one hand, after the horrific incident like the Sandy Hook Elementary School shooting at Newtown in 2012, most people wanting to limit guns from getting into the wrong by setting up a rigorous system that control who can and cannot obtain a gun. On the other hand, we have the people who believe that with such rigorous system in place is violated the individual rights that granted and protected by the United States Constitution. They believe that the rigorous system will prevent people from defending themselves and could be a violation of their privacy. Regardless of which side is right, if we want to understand more about our current conflict, we have to look back on how this hold debate started. The District of Columbia v. Heller, the Supreme Court case in 2008 that found the Firearms Control Regulations Act of 1975 unconstitutional, which influence the individual right to keep and bear arms for self-defense by questioning the Second Amendment and laws that restrict a person from acquire guns.
The District of Columbia v. Heller plays an important role in shaping our right to keep and bear arms for self-defense by being the first court case that defines who can own guns for self-defend. The whole case is revolving around the Second Amendment and its meaning. Since the Second Amendment first enact into law in 1791, this prompts the court to look at it again. By understanding its original meaning, the court then can understand what intended to do and how it affects our current time. Before the Heller court case, States in America have its own laws on who can own and use guns. While some State is lax in their law...
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...own. That handguns cannot be restricted from obtain and carry for self-defend in one’s home. As for the other question that the case did not answer, all we can do now is wait for these questions to be answered by the Supreme Court.
Works Cited
Carter, Gregg. Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law. Santa Barbara, California: ABC-CLIO, 2012. Print.
Fields, Gary. "New Washington Gun Rules Shift Constitutional Debate." Wall Street Journal. 17 May. 2010: A. 1. SIRS Issues Researcher. Web. 22 Apr. 2014.
Jackson, Kevin, and Eric Johnson. "McDonald v. Chicago (08-1521)." Legal Information Institute. Cornell Law School, 30 Mar. 2014. Web. 22 Apr. 2014.
Jonsson, Patrik. "Gun Debate: Is Price of an Armed America a More Dangerous America?" Christian Science Monitor. 02 Feb. 2014: n. p. SIRS Issues Researcher. Web. 22 Apr. 2014.
In 1976, the District of Columbia City Council enacted three of the strictest gun control ordinances in the United States. The ordinances entirely ban the possession of handguns within the District and, while allowing residents to keep rifles and shotguns in their homes, require those guns be kept disassembled or bound by a trigger lock. Then in 2003, Dick Heller and five other plaintiffs were recruited by lawyer, Robert Levy, and used to file suit against D.C. in the U.S. District Court for the District of Columbia, alleging that the D.C. Gun Ban violated their Second Amendment right to "keep and bear arms." The District Court found that the Second Amendment should not give an individual the right to gun ownership except where the individual is a member of an organized militia and granted the District's motion to dismiss. Heller and the other plaintiffs then appealed to the D.C. Circuit Court of Appeals. The Court of Appeals then questioned whether the plaintiffs could even challenge the Gun Ban because the requirement was that a plaintiff must have suffered an actual injury due. In D.C. simply wanting to keep a handgun at home I snot enough to challenge the law. The court found that only Heller had a viable case, because he suffered an actual injury when the District denied his application for a handgun permit. The court dismissed the others from the suit because the ban had not actually impacted them yet. The Court of Appeals then considered whether the Second Amendment right to bear arms is an individual right or a right contingent on membership in a well-regulated militia. The court determined that when Congress passed the Bill of Rights, the term "militia" referred generally and broadly to the...
Valdez, Angela and John Ferguson Jr. Gun Control: Firearms Ownership, New York: Chelsea House, 2012. 58-60. Print.
During the 111th Congress, the gun control debate was looked into by two key Supreme Court decisions. In District of Columbia v. Hel...
District of Columbia v Heller took place in 2008, addressing the issue of a District of Columbia gun control law. This law stated that it was illegal to have an unregistered firearm while also prohibiting the registration of handguns. Although the Chief of Police was able to grant one-year licenses, these provisions made it illegal to have a handgun not registered before the law took effect, and the handguns were required to be re-license annually. Another provision required that the licensed handgun was inoperable for storage, meaning the gun had to be unloaded and disassembled or had to have a trigger
Wilson, H. (2007). Guns, gun control, and elections. Lanham, MD: Rowman & Littlefield Publishers, Inc.
Just yesterday, the U.S. Supreme Court elected not to hear an appeal from Kolbe v. Hogan, a case in which the Fourth Circuit ruled that semi-automatic rifles are not included in the Second Amendment as “arms.” Of the four circuit court rulings upholding bans on semi-automatic firearms, Kolbe v. Hogan stands out due to the Fourth Circuit’s reasoning behind its decision. While the Second, Seventh, and DC circuits all acknowledged that semi-automatic rifles are protected under the Second Amendment, the Fourth Circuit based their ruling on the belief that semi-automatic rifles are not protected as “arms” under the Second Amendment due to their common classification as military firearms. Dissenters were quick to point out the conflict between the Supreme Court’s actions in response to this case and another case–District of Columbia v. Heller–where the ruling stated that “the Second Amendment protects ‘firearms commonly used for a lawful purpose.’” Because many lawfully used semi-automatic firearms are present in the country today, this class of guns should thus be protected under the Second Amendment based on the Supreme Court’s ruling in Heller.
Sager, Josh. "Refuting Anti-Gun Control Arguments." The Progressive Cynic. N.p., 12 Jan. 2012. Web. 17 Oct. 2013.
Riczo, Steven. "Guns, America, and the 21st Century." EBSCO.com. USA Today Magazine, n.d. Web. Mar. 2001.
Rauch, Jonathan. “The Right Kind of Gun Rights.” National Journal Vol. 40 Issue 11. Academic Search Complete. 15 Mar. 2013. Web. 6 June 2015.
The debate over the right to bear arms according to the Second Amendment has been a hotly contested issue for many years in American history. The matter has been one of the most controversial issues in the second half of the twentieth century and into the twenty-first; disputed between politicians on the liberal and conservative side along with issues such as abortion, capital punishment, and gay marriage. The Supreme Court has officially defined the controversial Second Amendment by stating that states have the right to maintain a militia separate from a federally controlled army (Gale Encyclopedia, pg. 155-162). However, “Courts have consistently held that the state and federal governments may lawfully regulate the sale, transfer, receipt, possession, and use of certain categories of firearms, as well as mandate who may and may not own a gun (Gale Encyclopedia, pg. 155-162).” Therefore, the issue is one that is extremely hard to clarify. Which side is right?
Richman, Sheldon. "The Seen and Unseen in Gun Control." The Freeman 1 Oct 1998: 610-611
As violence and murder rates escalate in America so does the issue of gun control. The consequence of this tragedy births volatile political discourse about gun control and the Second Amendment. The crux of the question is what the founding fathers meant when they wrote, “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.” Since the writing of the Second Amendment the make and model of firearms has changed dramatically and so has the philosophies of the people. A rifle is no longer defined as a single shot, muzzle-loading musket used to primarily protect families or solely for food. Should the weapons we use today be protected by an amendment written nearly 222 years ago? Should the second amendment be rewritten? Does the Second Amendment apply to individual citizens? These questions spark extensive debates in Washington D.C. regarding what the founding fathers intended the amendment to be. The answer to this question lies in the fact that despite hundreds of gun control articles having been written , still the gun control issue remains unresolved. History tells us gun control debates will be in a stalemate until our judicial system defines or rewrites the Second Amend. This paper will examine the history of the Second Amendment, and attempt to define the framers intent, gun control legislation and look at factors that affect Americans on this specific issue...
One of the largest debates facing the United States deals with the right to own firearms. In 2008, a D.C. special police officer Dick Anthony Heller attempted to register a handgun to keep at home for his safety. The District of Columbia also known as Washington D.C. had laws that prohibited a citizen from owning a handgun and denied Heller's registration even though he is a licensed police officer. In the Second Amendment it states that the people have the “right to keep and bear arms” (Oyez, District of Columbia v Heller). Enforcing this law which prevented Heller from being able to register a handgun for his own personal safety at home violated the second amendment which was a basic right of the people. Heller took this matter to court in
To begin with, owning a firearm presents you with two options, use it for protection, fun, and away from innocent civilians, or use it for violence. A class handout titled “The 2nd Amendment,” provides a section of statistics about gun violence. It states that “In 1998, 3,792 American children and teenagers died by gunfire.” Also, from 1998-1999, 3,500 students were expelled for bringing firearms to school. This shows how firearms are used for violence, and makes our Second Amendment look very bad. In the same hand out, a section titled “District of Columbia v. Heller,” provides us with information about how the right to bear arms is a right which we should not lose, do to the fact that it’s in our constitution. When it comes to owning a firearm, we need to be smart about how we use it and what for.
McClurg, Andrew J. Gun Control and Gun Rights: A Reader and Guide. New York: New York UP, 2002. Print.