Mary XXX
EN10X
X XXXXX 2012
Gun Control In America
Recently over the past few months the case for and the strength of having stricter gun control laws has become a household debate. The facts given in my research will point out the views from both sides of the proverbial coin, and show how gun control in America does not belong in legislature. There are many issues Americans are fighting to uphold; many think tightening gun control laws are unconstitutional and violate our Second Amendment rights, others think tightening gun control laws would make America safer.
I first want to point out that the Second Amendment does not guarantee an individual right to bear arms, but it applies …show more content…
only collectively to the militia. However according to a Supreme Court judgment in 2008 their view on the Second Amendment that protects an individuals right to own a gun for personal use was ruled 5 to 4 that it is constitutional to keep a handgun at home (Greenhouse, 2008). When this Amendment was originally written it was to ensure the citizen militia the right to bear arms in order to protect and serve their community as a whole. The amendment was to originally read, “The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country"
First it was Columbine High School massacre, the Colorado theater shooting, then a former Army veteran shot six people to death inside a Sikh temple in suburban Milwaukee, Wisconsin. More recently, mass shootings are coming more into the view of the pubic eye following the murders of 20 children and seven adults in Newtown, Connecticut “Senators Joe Manchin of West Virginia and Mark Warner of Virginia, Democrats with “A” ratings from the National Rifle Association, have both said it is time to talk about restrictions on gun sales and ownership (The New York Times 2012).” Dating back to 1837 when Georgia tried passing a law banning handguns, that there has been some type of restrictions proposed or enacted into law at different levels whether it is local, state or federal. The law however was ruled unconstitutional by the Georgia Supreme Court and thrown out. Since then lawmakers across the country have made changes to their laws on gun control to include conducting background checks and mandatory waiting periods for purchase of a firearm.
The issue in public opinion polls and voting data indicate that Democrats largely support gun control legislation while Republicans are more divided between gun control and gun rights advocates.
FoxNews (2012) has published statistics “earlier this year showed that while the ban was in place, from 1994 to 2004, the number of mass shootings actually rose slightly during that period. From the year’s between1985-1994, there were 173 mass shootings and 766 victims. From the years between 1995-2004 (starting with 1995 because it was the first full year the law was in effect), there were 182 mass shootings and 830 victims”. Additionally the Justice Department has stated that gun-related homicides have declined since 1993. “That decline is mostly attributed to a drop in murders involving handguns, which fell from nearly 14,000 in 1993 to close to 9,000 a decade later (FoxNews 2012).” While FoxNews has reported these statistics that after the ban expired both the number of mass shootings and victims increased …show more content…
slightly.
Dao (2001) noted that “unlike in 1999, when Democrats reacted almost immediately to the massacre at Columbine High School” today there is more legislature pushing the issue for gun control. What has changed is the viewpoint from the Democrats; they have taken to the reality that both Democrats and Republicans must work together for such a dramatic change in gun control. This has happened in the past with the Brady Campaign. Jim Brady an assistant to President Ronald Reagan a Republican was shot in the head when a gunman tried to assassinate the President.
The rip between the parties over gun control is nothing new, but the united stand between them with Senator Dianne Feinstein proposal of a new legislation “would close loopholes in defining what constitutes an assault weapon. The old assault weapons ban prohibited only firearms that had two or more military-style characteristics (The New York Times 2012).” The ban on assault rifles being proposed is would only be cosmetic and does not change the firing function of the rifle, other than its capacity for rounds. The proposal will need the backing of the Republican Party since they have control of the House, however Senator Feinstein and the Democratic Party control the Senate.
According to Sullivan and Whoriskey (2012), many lawmakers have stated that they “would like to move something through Congress within a year.” President Obama has also acknowledged that political difficulty of efforts that are likely to be met with opposition from gun rights groups such as the National Rifle Association (NRA). The NRA will spend millions to push against the bill and fight for what they believe is a violation of the Second Amendment. The NRA has reported that tougher laws will not make us a safer country; their message is simple "The only thing that stops a bad guy with a gun is a good guy with a gun." NRA supporters will use these two methods to persuade others to follow what they perceive as unconstitutional (Botelho and Levs 2012).
The debate over what laws, if any will change, will be a major issue for Americans in 2013. Many Republics will contest the push for the gun control or gun bans, as many of the Democratic Party will be searching for methods to convince the American public that we need stricter gun control laws. This is a new time for Americans and gun control will be a major concern over the next few years.
Many believe that the Democratic Party will push for harsh bans on more than just assault rifles. I believe that gun education would be a better fix. Since if we ban guns altogether then the government just created a black market just s in what happened with alcohol during the probation except for weapons and there will be no control or order just as with the probation.
I do this they will be change made to gun control just not as drastic as the Federal Assault Weapons Ban (AWB) of 1994 since similar laws have been fought over and overturned by the Supreme Court as in the case of the Second Amendment and the right to own a gun for personal use (Greenhouse, 2008). These changes will take time and go though many roadblocks, however the laws the Democratic Party solicit are for severe changes verses realistic changes to gun control.
References
Botelho, G. & Levs, J. (2012). NRA doubles down: New gun laws won 't work. CNN.
Retrieved from http://www.cnn.com/2012/12/22/politics/gun-debate/index.html
Doo, J. (2001). New gun control politics: A whimper, not a bang. The New York Times.
Retrieved from http://www.nytimes.com/2001/03/11/weekinreview/11DAO.html Fox News. (2012). Assault-weapons ban no guarantee mass shootings would decrease, data shows.Foxnews.com.
Retrieved from http://www.foxnews.com/politics/2012/12/24/history-gives-mixed-grade-to-impact-assault-weapons-ban/
Greenhouse, L. (2008). Justices rule for individual gun rights. The New York Times.
Retrieved form http://www.nytimes.com/2008/06/27/washington/27 scotuscnd.html?pagewanted=all
Goldman, J. & Bender, M. (2012). Gun-control advocates press Obama to turn tears to action. Bloomberg. Retrieved from http://www.bloomberg.com/news/2012-12-15/gun-control-advocates-press-obama-to-turn-his-tears-into-action.html.
Klein, E. (2012). Twelve facts about guns and mass shootings in the United States. The
Washington Post. Retrieved from http://www.washingtonpost.com/blogs/wonkblog/wp/2012/12/14/nine-facts-about-guns-and-mass-shootings-in-the-united-states
Meier, M. (1994). Gun control in America. Here in North America. Retrieved from http://ehistory.osu.edu/osu/origins/download/Origins%20-%20Summer%201994%20-%20Gun%20Control.pdf. Smith, H. & Richie, R. (2012). Why America can 't pass gun control. The Atlantic.
Retrieved from http://www.theatlantic.com/politics/archive/2012/12/why-america-cant-pass-gun-control/266417
Sullivan, S. & Whoriskey, P. (2012). Obama wants action on gun control within
year.
The Washington Post. Retrieved from http://www.washingtonpost.com/politics/obama-wants-action-on-gun-control-within-year/2012/12/30/979237f0-52c2-11e2-bf3e-76c0a789346f_story.html
The New York Times. (2012). Reason to hope after the Newtown rampage. nytimes.com.
Retrieved from http://www.nytimes.com/2012/12/18/opinion/the-gun-challenge-reason-for-hope.html?_r=2&
The New York Times. (2012). A tougher assault weapons ban. nytimes.com. Retrieved from http://www.nytimes.com/2012/12/28/opinion/a-tougher-assault-weapons-ban.html