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The controversy of the second amendment
The controversy of the second amendment
Argument topics on gun control
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There are always heated debates about laws and types of policies, but the Second Amendment seems to be the most controversial no matter what level of government you are at. There are usually people who are far left or far right but there could be some in the middle who could easily be pushed in a certain direction depending on the topic at hand. The Second Amendment has a very long history and has some major acts and restrictions placed in it. There is also the political force that is pulling in both directions depending on what you think about the issue. I will also give my opinion as to what I think a good position would be on guns and the different restrictions that are placed on them.
All types of weapons have been used over time by many
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different people. The Second Amendment was put in place so that firearms could be kept and carried. The Second Amendment states that “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” (Bill of Rights). With that being said this was first written in 1791 as part of the Constitution and the Bill Of Rights. The main part I will focus on is the second half of the statement “the right of the people to keep and bear arms, shall not be infringed” (Bill of Rights). This was put in place to provide citizens to be able to protect themselves and have firearms while fighting the different wars. Over time there are people that have begun to feel unsafe about not checking more into who is purchasing firearms, and they have begun to put more regulations in place.
There are many concerns about the types of weapons and what steps you need to obtain a weapon depending on the state you live in. The federal government has an overarching act that puts restrictions on many firearms. The NFA or National Firearms Act was put in place in 1934 by Congress as a form of a tax (ATF). All of these items are regulated by the ATF (Alcohol Tobacco Firearms) a branch of the government that has a large say is what is regulated in the firearms industry. There are eight items listed under the NFA, they are “1 a shotgun having a barrel or barrels of less than 18 inches in length; 2 a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; 3 a rifle having a barrel or barrels of less than 16 inches in length; 4 a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; 5 any other weapon, as defined in subsection (e); 6 a machine gun; 7 any silencer; and 8 a destructive device”. Some of the items on the list can be a source of great concern for people who are uninformed. When you purchase any of these items there is a $200 tax that is paid so that you can get a stamp, and the waiting period is …show more content…
around ten to twelve months. Some might say this is a good idea because it makes people wait longer before they are able to get their new gun parts but it is considered more of a nuisance to legal gun owners (NRA). Another problem that may arise before having to wait and being able to purchase a weapon on this list. For a gun that is full auto it is going to cost more to get one and it is also going to cost so much more to shoot it. Not everyone has the money to go out and shoot a gun full auto. For example there is a rare gun that is full auto and require a tax stamp. The original MP5 will cost somewhere between twenty five to thirty thousand dollars. A law that was brought into great question was the Stand your Ground Law from 2012 with the Zimmerman case. According to Florida law it states that “A person who is attacked in his or her dwelling, residence, or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force” (Florida). This means that you are able to protect yourself with the use of deadly force. When this law is applied the most likely tool being used will be a firearm. When you read the law it requires you to be in fear of your life in order to use deadly force.Some people see this as a problem and restricting firearms would cut down on the use of this law. Some states have put in place their own much harsher restriction.
For example in MA there was a large amount of legislation passed restricting the ownership of firearms. Massachusetts is considered one of the states with the most strict gun laws. In 1998 there was the introduction of the licenses and the different restrictions that could be placed on a license (Woburn). For example there is a Class A license this gives you the right to own and carry a firearm concealed but the state can have restrictions on ability to carry and what you can own. This then leads into the approved list of what guns you can buy (mass.gov). There is a list of guns that you are unable to purchase in the state of MA because the Attorney General has had testing done with these guns and are found not be be safe for it’s residents to own.The most recent law was the ban on “assault weapons” by the attorney general. This means they you are no longer able to purchase a new AR-15 in the state of MA but you are able to transfer them between people in the state. Another major law that people feel isn't doing too much is the magazine restrictions on firearms. This means that when you load a gun the amount of bullets it can hold must be less than 10. This is the case in MA, CA, NY, D.C., CO, CT, Hi, MD, NJ all have this
restriction. On the other side of that some states like Arizona have what is called constitutional carry where they believe the constitution is enough to allow people to own and carry a firearm. Arizona is a state with some of the least restrictive laws. When you live in a state like this if you wanted to go out and carry or buy a gun you would need a driver license for that state and be able to pass the mandatory federal background check. This background check is mandated by the Brady Handgun Violence Prevention Act (Brady Act) of 1993 (FBI). This is a form that you fill out and it is a check that looks for anything that would disqualify you from purchasing a gun (FBI). If you are able to pass it you can take the gun with you right then. You must fill out this form and pass the check every time you would like to purchase a gun. There are always list out ranking state gun laws and state that seems to be in the middle of this is North Carolina (WRAL). They are not a strict as Massachusetts but they do have more restrictions than Arizona. In the NC there is no requirement to have a permit to purchase a gun. You do however need a permit to carry the gun on you . A restriction the state has put on it;s residence is that no one is allowed to own a machine gun, this would be an NFA item. The state has also placed restrictions on they types of bullet you can shoot. Teflon-coated bullets are not legal in NC (NRAILA). A teflon-coated bullet is mostly used in replacement of brass to that the barrel of the gun can stay cooler. The possible reason that it is illegal is because they are know for going through body armour (Caleb). In 1994 the NY Times ran a story calling for the banning of teflon coated bullets saying that they were killing cops (Lethal). There is a federal regulation of the core of the bullet not the outside coating. The state of North Carolina has middel of the road laws so you can see the mast consider the middle and the two extremes. The Second Amendment is a very important issue that is taken too lightly and criticised by the public heavily. This amendment is very important for two reasons, it is important to the constitution and to American culture. This is the idea of “They Thought They Were Free” (Myer) where your rights are slowly chipped away at by the government and soon you won’t be allowed to own anything. When examining different parts of the Bill of Rights nothing is put into question more than the Second Amendment. For example if you see how the Bill Of Rights says the “right to bear arms” and the First Amendment says “freedom of speech”(Bill of Rights). There are very loose restrictions as to certain things you can and can't say to protect people but rights are not taken away like some states do with guns. This would be like saying you need a permit to stand out on the side walk and pass out information. The second part of why restricting guns is a problem in American culture due to the loss of business. In states with stricter laws there is a lower number of sale and a lower number of shops where guns can be sold (NSSF). As a whole in the US the gun industry is worth about $42.9 billion, and over two hundred and sixty three thousand jobs (NBC). This means that with restrictions like MA has, the industry isn’t as popular due to the hoops you have to go through in order to purchase a firearm. Now with the AR-15 being banned in the state the number of guns being sold will drop much more and the revenue at gun shops will also drop.
Some people believe that guns should be heavily regulated. In fact, According to Handgun Control ¨laws such as the Brady Act, which requires background checks on gun buyers, have prevented four hundred thousand felons and other prohibited purchasers from buying handguns.” These laws have done their job. This system still has its flaws. They are trying to fix a system that is not broken and usually when someone tries to fix something that is not broken they break it. Also, when there are new laws for gun
The debate at hand is due to an apparent opposition to the rights granted by the second amendment to the United States Constitution. This 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.” Being as the article was ratified in 1791, the language used is far different than that which is commonly used today. For this reason, the amendment itself is a source of debate between those with liberal and conservative points of view. For those who take a libe...
The Second Amendment to the Constitution(Second Amendment) of the United States of America(USA) is one of the most controversial. The Second Amendment specifically grants that, "the right of the people to keep and bear Arms shall not be infringed"
Firearms are classified into three broad types handguns, rifles, and shotguns. Rifles and shotguns are both considered “long guns.” A semi-automatic weapon fires one bullet each time the user pules the trigger, it will also eject the empty shell after its fired, and will automatically load another round into the gun. A automatic will fire multiple bullets as long as u hold the trigger down. Gun control has been a topic in government law making for years, although here recently gun control has been pushed for harder than ever. The major incident that started the fuss was the Sandy Hook school shooting in which they blame guns for a troubled young man killing six adults and twenty children. According to politics/policy a news paper article “Republicans have shot down any attempts to enact new Federal gun control laws and restrictions. Yet lawmakers have had some success in a handful of states such as Connecticut, Delaware, Maryland, and New York have toughened back ground check rules or banned large capacity clips or weapons.”
In 1986, only nine states in America had the right to carry a gun law. But by 1998, 31 states had this law, and more than half of America’s population live in them.
... stricter gun control, the states are moving in a different direction. The reason behind this action is that the constitutionality of tighter gun control laws is becoming a question. Once the Supreme Court of the United States answers this question on the legality of infringing on the right to bear arms we will know what our exact right is.
The Gun Control problem in the United States of America is all because of the problem that we have with people not knowing how to use a gun, and the safety. The reason the laws are being brought to legislation is make sure that we protect our second amendment. Make sure that every American has the same right a bear a weapon, no matter the age but if they are fit to own a weapon.
At present there are numerous regulations and restrictions on firearms imposed by the government. However there are no national mandated requirements or all encompassing legislation. The laws in place vary from state to state and are in some cases are poorly enforced. Hard evidence as to the effectiveness of these present regulations is ambiguous. The question as to how the government and society deals with gun control is unique to the USA. In a complex issue such as gun control both sides of the equation have valid arguments to be h...
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?
Everyone in the United States of America has an opinion on gun control regardless of their age, race, or religion. From within those opinions arguments are formed. People are arguing about gun control at their jobs, at their schools, and sometimes at their places of worship. On one side of things there are the people that support gun control like certain politicians or political organizations, teachers, police officers, and so on. On the other side of things there are the people that are against gun control, people such as hunters and various types of criminals. When it comes down to sensitive topics like gun control, there are very few people that do not choose a side. The Second Amendment, like all Amendments that constitute the Bill of Rights, is not absolute. There are vague legal boundaries that have been set down thus far which answers some questions, but leave many more open (Sanders).
Due to recent shootings in four cities gun control legislation has become a big issue throughout the United States. Government officials have presented legislation for gun control to help reduce mass shootings; however, even with these suggestions for strict gun control twelve states have already passed laws that offer fewer limitations for gun possession. After the Sandy Hook Elementary School shooting in 2012, Connecticut passed a law to ban gun sales that hold large amounts of ammunition. According to McLeod “in Newtown, Connecticut, the families of ten out of twenty children killed in a December 2012 massacre at the Sandy Hook Elementary School have sued a North Carolina-based gun manufacturer, alleging Remington Outdoor Co.’s Bushmaster
For years proposals for gun control and the ownership of firearms have been among the most controversial issues in modern American politics. The public debate over guns in the United States is often seen as having two side. Some people passionately assert that the Second Amendment protects an individual's right to own guns while others assert that the Second Amendment does no more than protect the right of states to maintain militias. There are many people who insist that the Constitution is a "living document" and that circumstances have changed in regard to an individual’s right to bear arms that the Second Amendment upholds. The Constitution is not a document of total clarity and the Second Amendment is perhaps one of the worst drafted of all its amendments and has left many Americans divided over the true intent.
In the United States there are two levels of regulations pertaining to guns and the laws that dictate who is eligible to own firearms and the use of firearms. The first level that we will discuss is the federal level. The second level will be the state level. There is a considerable variance between the laws in the federal and local governments. The reason for this is that the local governments need to make sure that they have laws that reflect their communities needs.
The Second Amendment is worded to protect the right to keep and bear arms from any government regulations. The amendment reads, “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” (“The Constitution”). Supporters of gun control often claim the phrase, “well-regulated militia”, justifies gun control laws. However, Alexander Hamilton claimed in Federalist, No. 29 that a well-regulated militia consists of private citizens that are trained in the use of their weapons, not regulated by any government authority (“The History”). Recently, federal courts have issued several rulings regarding the Second Amendment. In 2008, the Supre...
The debate over gun control in America has constantly been brought up over the years due to gunmen killing large amounts of people in shootings. From Columbine to Sandy Hook, or the shootings of the two reporters in West Virginia, these public shootings are occurring everywhere. Lawmakers and civilians alike are pushing for increased gun control in hopes of preventing the same tragedies. Anyone that has been affected by the shootings has been pushing Congress and state governments to force new sanctions on the government. Over the past three years, Congress has shot down all the laws despite the large amounts of public support.