Kasey Davis
English 1201
Professor Hellmers
28 October 2017
Fig. 1 The Second Amendment of the United States Constitution Howard I Schwartz Ph.D
In the United States of America, you are guaranteed certain rights as a citizen, per the
Constitution. You are guaranteed a right to free speech. You are guaranteed a right to a speedy
and public trial, and a trial by jury. You are also guaranteed the right to bear arms. The
Constitution 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. So would putting in place
more, stricter, gun control laws go against this constitutional right as a citizen? More gun control
laws would not reduce crime or keep guns away from criminals, but keep guns out of the hands
of law abiding citizens and prevent them from defending themselves and their homes and
families.
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The second amendment to the Constitution of the United States grants any citizen the
right to own a gun, but gun control supporters believe that it only supports the states right to arm
its military forces, such as National Guard and Reserve 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 at the time of the amendments drafting, as distinguished from the select militia,
which would have been controlled by the state as stated in an article on the Opposing
Viewpoints website. This article also goes on to say that during Americas colonial period, every
household was required to own one gun and every male that was considered old enough to join
the military had to be ready for any type of military emergency that would arise, with his own
weapon. Gun control opponents feel that allowing each household to own a gun, the amendment
simultaneously guaranteed arms for the militia. This also brings up the subject that the term
right of the people in the Second Amendment holds the same meaning as it does in the First
Amendment, which guarantees such individual liberties as the freedom of religion and freedom
Gregory Krieg, a reporter for CNN cites gun control first taking hold in 1934 when
President Franklin D. Roosevelt drafted legislation that would put new taxes and penalties on
machine guns and sawed off shot guns that were used by the likes of Al Capone. In 1938, this
legislation was added onto by Congress. The Federal Firearms Act of 1938 put restrictions on
the interstate guns and ammunition trade. It required, in many cases for the first time, for dealers
to register themselves and keep records of their transactions. (Krieg) More laws were put into
place by President Johnson after the assassinations of President Kennedy in 1963, and Martin
Luther King and Robert F. Kennedy, respectively in 1968. President Reagan tried to balance
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stricter gun control laws with protecting gun owners in 1986. Finally, President Clinton
implemented background checks and an assault weapons ban in 1993 and 1994 respectively
(Krieg).
tricky, origins of gang violence and criminal activity. He goes on to state that the reason
Chicago is such a violent city has nothing to do with gun control, but the education system
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having let down the inner city youth, and anti-poverty programs have done little to help those in
need (Schaus).
California is another example where strict gun control laws have not been working in
recent years. In an article for the Sacramento Bee, Phillip Reese and Ryan Lillis state that more
people were killed by guns in 2016, than any year since 2008. This could partly be due to the
rising gun sales across the state. Ever since the 2012 Sandy Hook school shooting, gun sales
were on the rise due to fear of gun control that may restrict purchasing a firearm (Lillis &
Reese). Although California gun dealers processed 1.3 million gun sales last year, which is a four
hundred fifty thousand increase from 2015, much of the increase in gun related homicides is in
large cities where gun purchases are low (Lillis & Reese). This is because the gun related crimes
are being committed by stolen or borrowed guns, not by a law abiding gun owner (Lillis &
Reese). Some law officials also cite Proposition 47 as a reason for the increase. Proposition 47
was passed in 2014, and reduces many nonviolent drug and/or property crimes from felonies to
Michael Cooper, a writer for The New York Times reported in June of 2017 that 30
percent of adults in the United States own a firearm. Of that 30 percent, 60 percent stated they
owned a firearm for protection purposes. This article also states that 25 percent of those gun
owners carry a handgun or small pistol with them outside of their house most if not all of the
time (Cooper). This article also states that there is a partisan divide when it comes to what
people think of gun control laws. Roughly seventy-five percent of people who consider
themselves to be on the democratic, or lean towards the democratic side of the political spectrum
believe that the gun control laws should be stricter, while less than roughly twenty-five percent
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of people who consider themselves to be on the republican, or lean more towards the republican
Gun control laws are not only federal, but vary from state to state. In some states, such as
California, someone who is wanting to purchase gun must obtain a permit in order to make the
purchase. In a state such as Ohio, a patron can carry a loaded, concealed gun on their person if
they have a license and the building is not a federal building, or does not have a sign stating no
firearms allowed, posted in an explicit location that is clearly visible. There are gun control laws
that are federal, such as the Gun Control Act in 1968 that banned mail-order sales of all
firearms and ammunition and banned the sale of guns to felons, fugitives from justice, illegal
drug users, the mentally ill, and those dishonorably discharged from the armed forces.. In
1993, Congress passed the Brady Handgun Violence Prevention Act as an amendment to the
Gun Control Act of 1968. The law was named in honor of James Brady, the press secretary to
President Ronald Reagan who suffered a near-fatal wound during an assassination attempt on the
president in 1981. The Brady Act 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), a database available for
Within the first three years of the passage of the Brady Act, the FBI reported significant
declines in homicides, robberies, and aggravated assaults involving guns. By 2013, the Brady
Campaign to Prevent Gun Violence reported that the law had prevented over two million
firearms sales to ineligible individuals. Moreover, between 1993, when the laws background
checks were implemented, and 2006, gun-related homicides fell by 32 percent (Gun Control).
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This system does not always prevent gun related incidents. In July of 2012, an gunman named
James Holms walked into a movie theater in Aurora, Colorado during a showing of The Dark
Knight Rises and opened fire, killing twelve people and injuring seventy. He had cleared all of
Even though there have been quite a few mass shootings in recent years, gun ownership
is down from previous years. According to an article by Ethan McLeod, gun purchases appear
to be slowing since Donald Trump, a gun-rights advocate, was elected president (McLeod). In
October of 2016, a poll showed thirty nine percent of Americans had a gun in their home. This is
down six percent from 2011. The FBI reported that background checks for firearms was down
for the first five months since Trump has been president, compared to the same period a year
before (McLeod). This is believed to be because republicans control the house, senate, and the
white house, meaning there is less fear of more gun restrictions. Currently, Republicans in both
houses of Congress have introduced bills that would force states to recognize concealed-carry
permits granted in other states (McLeod). Currently, there is a patchwork of state gun laws
where all but eleven states and Washington D.C. recognize permits that were obtained in other
states (McLeod).
In an article on the Opposing Viewpoints website, the Richard Epstein states the issues
that can come along with stricter gun control laws, or any other act that requires things such as a
license. In the article Epstein asks whether the gun control advances to fewer murders. Epstein
states that for many people, such as New Yorks Mayor Michael Bloomberg, the answer to this
question rises to an article of faith. (Epstein). Bloomberg states You know, to arm everybody
and have the Wild West all the time is one of the more nonsensical things you can say.... The
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bottom line is if we had fewer guns, we would have a lot fewer murders. (Epstein). Sadly, the
reality to this is not that simple. It is really difficult to design laws and licenses to prevent
dangerous behaviors. Licensing procedures are usually overboard and will result in social losses
by people who abide by those procedures, but people this system targets will try to find a way to
circumvent the system, such as buying a gun from out of state and transporting it across state
lines. It is easier to punish someone after committing a crime, than it is to prevent the crime from
An unintended consequence of more gun control laws is that it could shift the ratio of
guns held by law abiding citizens and unlawful citizens to being in favor of the latter (Epstein). If
more guns are in the hands of criminals, rather than law abiding citizens, crime will definitely
increase. If criminals are aware that they will meet less armed resistance, they will commit more
various crimes (Epstein). This can be illustrated in events such as the Virginia Tech and Sandy
Hook Elementary mass shootings. These areas are considered to be gun free, thus putting the
innocent people who work, and go to school there at risk. The perpetrators of these shootings
knew they were going to be met with little, if any resistance, and therefore carried out their
crimes (Epstein).
There are many arguments for and against gun control. An argument for gun control
states that the second amendment is obsolete and outdated and should be amended or eradicated
all together. Some people believe that regardless of the regulated militia guns are only to be
kept for defense against tyranny and attempts by the government to suppress the people (Make
Sure You Know Your Gun Arguments For And Against). Gun control opponents say that a
violation of the second amendment is why that clause was introduced in the first place. This
clause was introduced for the people of the country to protect themselves from any violation of
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civil liberties and freedoms (Make Sure You Know Your Gun Control Arguments For And
Against.).
Another argument for more gun control is that it will deter criminals and keep gun related
crimes down, but in all reality, that is not the case. A May of 2013 investigation by the Bureau of
Justice Statistics found that thirty four percent of inmates being held by the state for gun related
crimes obtained the weapon from a family member or friend (ProCon.org). This is also shown in
Chicago. Chicago has a ban on gun shops and shooting ranges, but had two thousand eighty nine
shooting victims and three hundred ninety murders in 2014 (ProCon.org). From 2001 until 2012
approximately fifty thousand guns were confiscated by police in Chicago. These guns came from
all fifty states and more than half from outside of Illinois (ProCon.org).
There are many issues surrounding gun violence today, but as it can be seen through
examples of gun free zones and states with strict gun control laws, gun control does not truly,
completely affect crimes committed with guns. A criminal is going to obtain a gun by any means
necessary, whether it is from buying one on the black market, to stealing it. The only thing more
gun control laws will do is keep guns out of the hands of law abiding citizens.
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Works Cited
Cooper, Michael. 8 Figures on Gun Ownership, and Attitudes, in America. The New York
Epstein, Richard A. "There Is No Easy Solution to Preventing Gun Violence." Guns and Crime,
Context,
link.galegroup.com/apps/doc/EJ3010015271/OVIC?u=dayt30401&xid=62d4f59c.
Accessed 10 Nov. 2017. Originally published as "Will Banning Guns Prevent Another
Krieg, Gregory. Gun Control in America: How We Got Here. CNN Politics, CNN, 8 July
2016, www.cnn.com/2016/01/07/politics/gun-control-america-history-
Lillis Ryan & Reese, Phillip. California's Gun-Related Homicide Rate up, Reversing Years of
Schaus, Michael. "There Is a Problem with Politics, Not Guns, in the United States." Gun Violence,
edited by Nol Merino, Greenhaven Press, 2015. Opposing Viewpoints. Opposing Viewpoints in
Context, link.galegroup.com/apps/doc/EJ3010223269/OVIC?u=dayt30401&xid=1ae594bc.
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Accessed 29 Oct. 2017. Originally published as "Guns Don't Cause Gang ViolenceDemocrats
Schwartz, Howad I. The Right to Bear Arms: A Right to Conscript Individuals to Military Service in
right-to-bear-arms-is-a-right-of-states-to-conscript-individuals-to-military-service-n-state-
control.procon.org/?gclid=EAIaIQobChMIheW8gs3w1gIViR-
"Guns in America." Gale Opposing Viewpoints in Context, Gale, 2017. Opposing Viewpoints in
Context,
link.galegroup.com/apps/doc/UKGLGQ188559398/OVIC?u=dayt30401&xid=5887ec19.
Make Sure You Know Your Gun Arguments For And Against. Gun, gun.laws.com/gun-