The Gun Control Debate: Is it a Violation of the Constitution?
The United States Constitution is regarded as the supreme law of the land. When it was drafted over two centuries ago, the goal of the founding fathers was to provide for the general welfare and common defense of all citizens, establish a more perfect Union and insure domestic tranquility for the United States of America. Unfortunately, this tranquility has been disturbed by unnecessary tragedies at the hand of armed individuals. Tragedies like the Sandy Hook shooting and the Columbine massacre, where armed individuals took the life of innocent civilians mercilessly, have shaken our communities and forced us to take a different approach when it comes to gun safety. Gun control has been the topic of many heated debated in recent years. We have, as a nation, become so accustomed to firearms in our everyday lives whether for protection, hunting, or self-defense, that we have forgotten that firearms are dangerous and deadly weapons. The second amendment of the Constitution grants all individuals the right to bear arm; however, this amendment continues to be used and abused by individuals who chose to interpret it differently than it was originally intended. It is our duty, as citizens of this great nation, to open our eyes wide and realize that this problem is not going to fix itself. Although the right for all individual to bear arm is granted and secure in our Constitution, it is imperative for the safety our population to regulate all gun purchases and tighten by the requirements necessary to purchase a firearm in order to prevent further tragedies from occurring.
Perhaps the most well-known argument given against gun control is that it is a violation of the Constitutio...
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In America guns have been a part of the country’s society since it’s birth. Throughout history the citizens of the US have used firearms to protect the nation, protect their families, hunt for food and engage in sporting activities. The issue of Guns and gun control is complex. Weighing the rights and liberties of the individual against the welfare and safety of the public has always been a precarious balancing act. In the United States, gun control is one of these tumultuous issues that has both sides firmly entrenched in their positions. Those parties in favor of gun ownership and the freedom to use and keep arms, rely on the fact that the provision for such rights is enshrined in their constitution. In this climate of growing violence, rife with turmoil and crime, gun advocates feel more than ever that their position is justified. As citizens of the “Land of the Free” possessing a gun is a fundamental right, and may even be a necessity... Anti- gun lobbyists point to the same growing violence and gun related crimes in an effort to call on the government to take action. By enacting more laws and stricter control, these people not in favor of guns feel society would be better safer.
Joseph Sobran argues that, “there are solid constitutional arguments against gun control. For one thing, nowhere in the Constitution is the federal government granted the right to limit an individual's right to own firearms”. He states that the government has no right to limit guns. Even though he has a point there is a limit to that statement such as serious criminals and mentally unstable people. Likewise Sharon Harris states that guns protect people against criminals, “the right to bear arms protects the individual from violent aggressors and from the ineffective protection state and federal government is offering its citizens … criminals benefit from gun control laws that make it more difficult for ordinary citizens to protect themselves.” She believes that guns keep people safe and that regulating guns will only benefit criminals. This is not true because regulations help prevent criminals from getting guns. Having less regulations is a dangerous
Pro-gun advocates claim that this amendment guarantees their individual right to own a gun, and that gun control laws are therefore a violation of their constitutional rights. In fact, the term "violation of our Second Amendment rights" has become a battle cry in gun lobbyist literature, repeated everywhere in their editorials and essays.
The federal government should not ban the usage of guns because we need them to hunt and able to protect ourselves. People need to learn to be able to be around gun without the worry but those who use gun inappropriately shouldn’t have the guns.
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Opposing sides have for years fought over the laws that govern firearms. For the purposes of this paper "Gun Control" is defined as policies enacted by the government that limit the legal rights of gun owners to own, carry, or use firearms, with the intent of reducing gun crimes such as murder, armed robbery, aggravated rape, and the like. So defined, gun control understandably brings favorable responses from some, and angry objections from others. The gun control debate is generally publicized because of the efforts of the Pro-Gun Lobby or the Anti-Gun Lobby.
The second amendment grants all Americans the right to bear arms. The ability to hold a firearm at any time as long as the firearm is registered. In the United states, all it takes to hold a firearm is a background check and a safety class. In a short reading from the “American Now” book a short article By Christina Tenuta called Responsible gun ownership saves lives she asks “do Americans really need guns?”, but are the guns really the problem? Although the second amendment requires some decent documents , the qualifications to obtain a firearm needs to be revised to a mental check, a family history check , and also to make it a priority for reinforcement to check on the registered firearm every six to twelve months.
This point is substantiated by the fact that having a privatley owned firearm in a household, makes a family member five times more likley to be fatally shot than in a non-armed household. Perez-Pena (2015) articulates that each year around 30,000 preventable deaths are caused by firearms which accounts for 18% of injuryrelated deaths in America. It is also stated that the accociated medical bills cost the taxpayer $100billion a year. Prehaps the most intresting point raised concerns the so called ‘gun show loophole’, in which guns sold at shows or by small scale sellers do not require buyer background checks, in theory allowing the categorically banned demographic - discussed earlier - to purchase firearms. The article argues that if this loophole was closed and more stringent controls and checks were enforced, firearm deaths, injures and the associated cost could be significantly reduced. In essence the argument for stricter gun control laws centres around decreacing firearms deaths and
“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” is stated in the United States Constitution as the Second Amendment. Several Americans wish to rid of guns from citizens, disobeying and disrespecting the Constitution. I shot my first gun when I was young and have always been surrounded by them. My neighbor does not leave the house without carrying one, nor does my eighteen year old friend. Never once have I felt unsafe or uneasy knowing that there was a gun close to me. The right to bare arms has become a popular local battle in which some people want to reduce the freedom of one owning firearms while others wish for the
“U.S. Gun Facts, Figures, and the Law.” Gun Policy. Gun Policy. 2. Jun. 2014. Web. 6 June 2015.
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.
Wilson, H. (2007). Guns, gun control, and elections. Lanham, MD: Rowman & Littlefield Publishers, Inc.
Throughout the years there has been an ongoing debate over the Second Amendment and how it should be interpreted. The issue that is being debated is whether our government has the right to regulate guns. The answer of who has which rights lies within how one interprets the Second Amendment. With this being the case, one must also think about what circumstances the Framers were under when this Amendment was written. There are two major sides to this debate, one being the collective side, which feels that the right was given for collective purposes only. This side is in favor of having stricter gun control laws, as they feel that by having stricter laws the number of crimes that are being committed with guns will be reduced and thus save lives. However while gun control laws may decrease criminals’ access to guns, the same laws restricts gun owning citizens who abide by the law; these citizens make up a great majority of the opposing side of this argument. These people argue that the law was made with the individual citizens in mind. This group believes that the Amendment should be interpreted to guarantee citizens free access to firearms. One major group that is in strong opposition of stricter gun control laws is the National Rifle Association (NRA). The NRA argues that having stricter gun control laws will only hinder law-abiding citizens. The final outcome on this debate will mainly depend on how this Amendment is going to be interpreted.
People have questioned gun control long time. Many people wonder if anyone, aside from those who join the law force, should be allowed to carry guns. Benjamin Franklin once said, “Those who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety” (Wright 4). Franklin understood that taking guns away from law-abiding citizens would not uphold their liberty. Some people who argue for gun control state many violent crimes involve guns. Others believe a child could find the gun and something bad could happen to the child or others when a gun is unsafely stored. People who argue against gun control might say there is a huge psychological gap between citizens who shoot to protect themselves or their property and those who go into schools and shoot at others. Criminals will always find a way around gun control laws and will be able to obtain and use guns illegally. The second amendment protects gun rights for individual citizens. Reasonable gun control laws and educational steps can be taken to protect the majority of U.S. citizens. Gun control does not only take guns away from criminals, gun control also limits law-abiding citizens from protecting themselves and their families when necessary.
Gun Violence is one of the United States most serious crime problems. The total cost of gun violence in the United States, including medical, criminal justice, and other government and private costs, are at least 6 to 12 billion a year (Cook, P. J. & Ludwig, J., 2000). The Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) mission is to track firearms. It reported that firearms sells have risen since 2005. According to the A...