File
Transcription
File
Gun Control Related Subjects Listen Full Text: The United States is the leader in per-capita gun deaths among industrial nations. This unenviable distinction has resulted in various gun-control laws at the federal and state levels that seek to reduce crime and violence by restricting private gun ownership. Supporters of gun control would like even tighter restrictions on the sale and circulation of firearms. But they face fierce opposition from citizen groups and arms manufacturers who are trying to protect what they view as the right to own and bear firearms for self-defense and recreational activities. These groups aim to prevent new legislation, and if possible, roll back the laws already on the books. The Constitutional Framework Discussions about citizens’ rights to bear arms extend back to ancient times. Political theorists from Cicero of ancient Rome to John Locke (1632–1704) of England and Jean-Jacques Rousseau (1712–1778) of France viewed the possession of arms as a symbol of personal freedom and an indispensable element of popular government. Similar sentiments were echoed in the Federalist Papers, a series of essays written by the supporters of the Constitution to explain and defend the document. In the Federalist No. 46, James Madison observed that Americans would never have to fear the power of the federal government because of “the advantage of being armed, which you possess over the people of almost every other nation.” Patrick Henry declared, “The great principle is that every man be armed. Everyone who is able may have a gun.” Samuel Adams argued that the Constitution should never be interpreted “to prevent the people of the United States who are peaceable citizens from keeping their own arms.” Accordingly, when adding the Bill of Rights to the Constitution, the founders included the Second Amendment, which reads, “A wellregulated 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 precise meaning and purpose of the Second Amendment has been an issue of major controversy. Gun control advocates argue that when the Second Amendment was adopted in 1791, each state maintained a militia, composed of ordinary citizens who served as part-time soldiers. These militias were “well-regulated”—subject to state requirements concerning training, firearms, and periodic military exercises. Fearing that the federal government would use its standing army to force its will on the states, the authors of the Second Amendment intended to protect the state militias’ right to bear arms. According to gun control supporters, in modern times, the amendment should protect only the states’ right to arm their own military forces, including their National Guard units. Opponents of gun control interpret the Second Amendment as the guarantee of a personal right to keep and bear arms. They claim that the amendment protects the general public, who were viewed as part of the general militia, as distinguished from the “select militia” controlled by the state. By colonial law, every household was required to possess arms and every male of military age was required to be ready for military emergencies, bearing his own arms. The amendment, in guaranteeing the arms of each citizen, simultaneously guaranteed arms for the militia. Furthermore, gun control opponents feel that the words “right of the people” in the Second Amendment hold the same meaning as they do in the First Amendment, where they describe an individual right (such as freedom of assembly). Standing in fierce opposition to any and all efforts to restrict gun sales and ownership is the National Rifle Association (NRA). The leading pro-gun group in the United States, the NRA is dedicated to protecting an individual right to bear arms. The NRA bases its view on the Second Amendment and insists that its stand is consistent with the intentions of the nation’s founders. The NRA believes that any form of gun control will eventually lead to a complete ban on the private possession of firearms. Court Decisions For many years, the US Supreme Court generally restricted the right of individuals “to keep and bear Arms.” In United States v. Miller (1939), the Court upheld a federal law forbidding the interstate transportation of an unregistered sawed-off shotgun. The Court concluded that the Second Amendment did not apply to this case because no evidence existed in the record that this type of arm was “any part of ordinary military equipment” or that its use could “contribute to the common defense.” The amendment’s purpose, according to the Court, was to “assure the continuation and render possible the effectiveness” of the state militia. In two other rulings, the Supreme Court reaffirmed this view in upholding New Jersey’s tough gun control law in 1969 (Burton v. Sills) and in supporting the federal ban on possession of firearms by felons in 1980 (Lewis v. United States). The Miller ruling established a foundation for more than thirty subsequent lower court decisions on the meaning of the Second Amendment. The lower courts reaffirmed the interpretation of the Second Amendment as a limited states-rights measure, relating only to individuals in active, controlled state guard or militia units. An exception to this trend occurred in 1999. In United States v. Emerson, US district judge for Northern Texas Sam R. Cummings upheld the right of a man under a temporary restraining order to retain his firearms under the protection of the Second Amendment. The US Court of Appeals for the Fifth Circuit, however, overturned this ruling in 2001. The Supreme Court reversed course in 2008 in the landmark case of District of Columbia v. Heller. The Court ruled in Heller that the Second Amendment prohibits the federal government from making it illegal for private individuals to keep loaded handguns in their homes. It was the first Supreme Court decision ever to explicitly rule that the Second Amendment protects an individual, personal right to keep and bear arms. Heller was a major development in the law, but it left many questions unanswered. For example, it is not clear whether the Second Amendment would also prohibit state governments from passing laws like the federal law at issue in that case. Gun Control Laws Gun control laws have several functions. They may be designed to hinder certain people from gaining access to any firearms. The laws may limit possession of certain types of weapons to the police and the military. A person who wants to make a gun purchase or obtain a gun license may be subject to a waiting period. Gun-control laws vary from country to country. In Britain, the national government exercises strict control, requiring all gun owners to be licensed and to obtain permits to buy ammunition. In Australia, states enact their own laws in accordance with guidelines from the federal government. Some countries, such as Japan and New Zealand, are working to pass tougher gun-control legislation. In the United States, the lack of agreement on gun control has led to a wide variety of state and local laws regarding licensing and registration of handguns. In most states, as long as a person has not been convicted of a felony, he or she can receive a permit to carry a loaded and concealed handgun. About 50 percent of all homes in the United States contain at least one firearm. More than half of these are loaded or have ammunition stored with the gun. The National Institute of Justice estimated that, in the year 2011, 68 percent of murders, 41 percent of robberies, and 21 percent of aggravated assaults that were committed in the United States were committed with firearms. It also estimated that 467,321 people were the victims of crimes committed with guns in 2011. According to a study conducted by Johns Hopkins University, stricter requirements on registration and licensing would prevent criminals from buying guns. The first major federal gun law went into effect in 1934. It restricted the sale and ownership of high-risk weapons such as machine guns and sawed-off shotguns. Congress passed the 1968 Gun Control Act in the wake of the assassinations of Martin Luther King, Jr., and Senator Robert F. Kennedy. In addition to ending mail-order sales of all firearms and ammunition, the law banned the sale of guns to felons, fugitives from justice, minors, the mentally ill, those dishonorably discharged from the armed forces, those who have left the United States to live in another country, and illegal aliens. Although the 1968 law established a foundation for subsequent gun control legislation, it was flawed by its “honor system” enforcement scheme. It required prospective purchasers to sign a statement of eligibility to buy a gun, but most states did not follow up to confirm the claims. This weakness was addressed in the Brady Handgun Violence Prevention Act. Named in honor of James Brady, the press secretary to President Ronald Reagan who suffered a near-fatal wound during the attempt on Reagan’s life in 1981, the Brady Law became effective in 1994. It required a five-day waiting period for all handgun sales, during which a background check was to be made on all prospective purchasers. This provision expired in 1998 and was replaced by the National Instant Check System (NICS), an on-the-spot computer scan for any criminal record on the part of the buyer of any type of gun. Following passage of the Brady Law, aggravated assaults involving firearms declined 12.4 percent between 1994 and 1999. The Justice Department reported that background checks also prevented more than five hundred thousand people with criminal records from legally purchasing a gun during that time. In addition, violent crimes committed with guns decreased by 35 percent between 1992 and 2000. Another major landmark in gun control was President George H. W. Bush’s 1989 ban on importing assault rifles. In 1990 the number of imported assault rifles traced to crime dropped 45 percent. In 1994, a federal ban on assault weapons outlawed the manufacture and sale of the nineteen most lethal assault weapons and various duplicates. The following year, the number of assault weapons traced to crime declined 18 percent. Although legislation has had some effect on gun violence in the United States, a series of loopholes enables many people who do not meet the legal requirements to obtain guns. For example, the law does not require adults to store guns out of the reach of children. Private collectors can get around the Brady Law’s background-check requirement by selling their wares at private gun shows, and individuals can buy some guns on the Internet without a background check. Federal law and most state laws still allow juveniles to purchase “long guns,” which include hunting rifles, shotguns, semiautomatic AK-47s, AR-15s, and other assault rifles manufactured before 1994. Finally, the database for the national “instant-check” system lacks data in many categories, especially in non-felony areas such as domestic violence and mental health. Some of the most dramatic and tragic effects of loopholes have been evident in gun-related school violence. In 1999, two high school students in Littleton, Colorado, obtained shotguns and other weapons and killed thirteen people before turning the guns on themselves. The weapons were bought from private sellers at gun shows. In 2007, a college student shot and killed thirty-two people at Virginia Tech University before turning his weapon on himself. His history of mental illness had not prevented him from purchasing the semiautomatic pistols used in the shooting. At the time, this incident was the deadliest mass shooting in US history and sparked further debate on the issue of gun control. Incidents Spark Calls for Reform In 2011, a gunman shot Congresswoman Gabrielle Giffords in the head and killed six people—including a nine-year-old girl—in an Arizona grocery store parking lot during a political rally. In December of 2012, a twenty-year-old killed twenty-six people—twenty first-grade students and six adults—at Sandy Hook Elementary School in Newtown, Connecticut, before killing himself. He also killed his mother that day. He used guns stored at his mother’s home, and he also had a history of mental illness. These incidents reopened the gun control debate in the country. After the Sandy Hook shooting, President Barack Obama launched plans to address gun violence and reform gun control laws to prevent innocent people from being killed by guns. The president introduced a bill proposing expanding background checks and banning military-style assault weapons. After a lengthy recovery, Giffords and her husband, Mark Kelly, a former astronaut, joined the fight for gun control reform. Giffords and Kelly were gun owners and defenders of the Second Amendment. They didn’t want to take away the right to own guns, but they did want to control who could purchase guns and what types of guns could be owned. They testified in front of Congress in January of 2013, asking the government to consider tougher background checks on those who want to purchase guns and a ban on certain weapons. In April of 2013, Obama’s bill failed to pass the Senate. Even though the bill didn’t pass, the president, Giffords and Kelly, and many others vowed to continued the fight to reform gun control laws in the United States. Source Citation (MLA 7th Edition) "Gun Control." Opposing Viewpoints Online Collection. Detroit: Gale, 2015. Opposing Viewpoints In Context. Web. 4 May 2015. URL http://go.galegroup.com/ps/i.do?id=GALE%7CPC3010999212&v=2.1&u=vale41196&it=r&p=GPS&sw=w &asid=824dfaa9275d64c1dc69a401cdb506b4