Essay PreviewMore ↓
Gun Control in the United States of America is a topic that has had some criticism and support by many citizens. The critical people of this topic believe that the guns do not kill people, it is the people that kill people. The supporters of this topic believe that guns lead to violence and a feeling of power over others. They also believe that if guns were eliminated from the public, then violence and death would decrease heavily in this country. These two opposing views leave the federal government open to a decision on whether or not to abolish one of our Constitutional rights, or to keep allowing people the right to own a gun.
There have been many Supreme Court cases that have been gun-related. These cases have led to what is now the policy of the United States on owning a gun. For example, in the Supreme Court Case Printz v. United States, the question was that if a gun dealership doing background check on whoever wanted to buy a gun was constitutional or not. This background check would include the Brady Form, which contained the name, address, date of birth, and a sworn statement that the person was not a convicted felon or had a mental illness. The dealer must also check the identity of the buyer by some form of identification. Once the CLEO is checked, the dealer has a five-day period to check on the background to see if it would violate the law to sell to this potential buyer. A sheriff Jay Printz took this to the Supreme Court saying that this was unconstitutional. The Supreme Court ruled that the CLEO’s were unconstitutional, but the rest of the Brady Act was not found to be unconstitutional. In the Supreme Court case United States v. Miller, the Supreme Court reversed the decision of a lower court’s dismissal of two men who violated the National Firearm Act. Jack Miller and Frank Layton were arrested for carrying a 12-gauge shotgun from Oklahoma to Arkansas. In the Western Arkansas District Court, the lawyers for the men claimed that the National Firearm Act violated the Second Amendment right of bearing arms. The lower court agreed with the lawyers and the two men were dismissed of charges. The Supreme Court argued the decision over after the men were freed. The men were not retried during the argument, however.
How to Cite this Page
"Gun Control in the United States of America." 123HelpMe.com. 19 Aug 2018
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Weapons have been a big problem to the United States for many years now. People have access to many weapons just as easy as the US Military does. The people of the US can both go to a gun store and buy a weapon at the age of sixteen, or they can make a deal with anyone in the streets of the US. Because of the accessibility to weapons, Americans can cause collateral damage in the neighborhood they live in. They can also commit robbery, or go anywhere and start shooting. One problem that happened on April 9, 2014 is that a male sixteen-year-old student went on a stabbing and slashing spree with two knives at Franklin Regional High School in Murrysville, about 15 miles east of Pittsburgh.... [tags: Weapons, Guns, United States]
1355 words (3.9 pages)
- Gun control is a problem that is ever growing. It occurs all over the world knowing no limits or boundaries. As of today, the United States of America is experiencing lots of problems with gun control. The definition of gun control is any law or policy that is based upon restricting or limiting anything involving firearms. This includes, but is not limited to possession of firearms, production, shipment, sale and even use of firearms. Currently there are quite a few gun control laws in place. Each country has its own around the world, with the United Kingdom being the strictest of anybody in regards to the possession of guns.... [tags: firearm, laws, policies]
1310 words (3.7 pages)
- The problem of gun control and violence, in the United States, has been an unsolved problem. After the shootings at Virginia Tech and the movie theater in Aurora, Colorado, people started debating over whether everyone should have the right to own a gun. In 1800s, the Supreme Court decided that the “right of bearing arms for a lawful purpose is a right granted by the Constitution,” then their next decision was the “free to regulate the rights of citizens to bear arms” (“Background”). Since then, Americans citizens have been questioning the wisdom of American’s right to own a gun (NRA).... [tags: Arms, Amendment]
915 words (2.6 pages)
- Gun control is a topic that stirs a strong opinion from the general public. Gun control is the effort to regulate or control usage and sales of guns. The right to bear arms is granted to all Americans by the Second Amendment and many consider it essential to maintain order in the United States of America. Even though this was the Second Amendment right granted to citizens in the Bill of Rights, many Americans opt not to own a gun, and others would like for this right to be abolished altogether. Both sides of this issue have a good argument, but when further researched, there are many more details that come up explain why siding against gun control is a better conclusion for the United States... [tags: usage, sales, safer, gun]
823 words (2.4 pages)
- ... Second Amendment rights are the foundation on which the discussion rests (Trotter). Background checks are another way to control the flow of guns in the United States. Background check can be harmful or helpful. The Brady Handgun Violence Prevention Act of 1993 mandates such checks. In November 1998, the FBI unveiled the National Instant Criminal Background Check System (NICS). Using this electronic system, federally licensed gun dealers can perform and instant background check on anyone trying to purchase a firearm.... [tags: the right to bear arms, 2nd ammendment]
889 words (2.5 pages)
- Gun Control in the United States of America is a topic that has had some criticism and support by many citizens. The critical people of this topic believe that the guns do not kill people, it is the people that kill people. The supporters of this topic believe that guns lead to violence and a feeling of power over others. They also believe that if guns were eliminated from the public, then violence and death would decrease heavily in this country. These two opposing views leave the federal government open to a decision on whether or not to abolish one of our Constitutional rights, or to keep allowing people the right to own a gun.... [tags: Gun Control Essays]
1569 words (4.5 pages)
- Mass-shootings — defined by the FBI as four or more murders occurring during the same calamity, with no distinctive time period between the homicides (Serial Murder) — have stricken across the United States at the rate of about one every two weeks since 2006 (Database of Mass Shootings, 2006-2013). This abysmal statistic has rightfully triggered much debate concerning gun restraints. The theory of gun control pertains towards any efforts intended to regulate, define, or limit the possession, production, sales, and use of guns.... [tags: Legal Issues, Mass-shootings]
1344 words (3.8 pages)
- The second amendment gives people the right to own a firearm. The founding fathers might have thought a gun was the best form of protection but many years have past since then and humans have evolved. Times are different and society is different. Technology has a big impact on people and how we think and all those variables can affect people with how they react in stressful situations. We have to consider the mental stability of those in possession of the weapons, it is important to keep the weapon away from loved ones or other people, and is the law protecting those in possession of the weapons or putting lives in more danger.... [tags: second amendment,firearm, weapon license]
2841 words (8.1 pages)
- According to Vital Statistics, in 2009 there were 554 adults that unintentionally shot and killed him or her selves. At the same time, 112 juveniles accidentally did the same thing (Congressional Digest 4). And “according to BJS, NVCS data from 1987 to 1992 indicated that in each of those years, roughly 62,000 victims of violent crime (1 percent of all victims of such crimes) used guns to defend themselves. Another 20,000 persons each year used guns to defend their property” (Congressional Digest 5).... [tags: the right tosafety in America]
1221 words (3.5 pages)
- United States' Gun Control Problem Gun control is hardly a new issue in America, much less in American politics. Ownership of guns is extraordinarily widespread in the United States, and has been for some time. Since the late 1950s, the share of American households reporting at least one firearm has remained fairly constant at just under 50 percent (Gun Control Debate 959). This shift in the character of ownership has taken place against a complicated legal backdrop, the basic feature of which at the federal level is the Gun Control Act of 1968 and the Brady Crime Prevention Act passed in 1994 (Cohen).... [tags: Second Amendment The Right To Bear Arms]
926 words (2.6 pages)
The United States was founded with ten essential rights, known as the Bill of Rights. The Second 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.” There have been many smaller court cases involving the interpretation of this amendment, but the Supreme Court has not made a firm decision on the interpretation. There are mainly three ways this amendment has been interpreted: some believe it gives individuals the personal right to bear arms, others believe that bearing arms is subordinate to ensuring public safety, and others tend to believe that it allows people to keep a militia that is not a federally-controlled army. Throughout the nation’s history, the Supreme Court has made numerous decisions based on this amendment. The Supreme Court basically believes that an individual has the right to own a gun if it ahs to do with a formed militia. If the gun is for no militia use, there is no reason to carry it on a person. The Second Amendment is one of the most controversial amendments from the Constitution, but there still has not been a final decision on its meaning. The amendment itself is the only amendment that contains a preamble to it, which causes more confusion.
Congress has made many laws that keep the ownership of guns under control. They have gotten this power from the Commerce Clause of the Constitution. This gives them power to regulate commerce between states and foreign countries. The National Firearms Act was passed in 1934. It banned the public from owning machine guns or sawed off shotguns. There was also taxes put on manufacturing and distribution. Also, a registration was required with the purchase of a gun. In 1938, the Federal Firearms Act was passed. This act did many things to control the ownership of guns. It regulated transportation of guns across state lines, outlawed transportation of stolen guns, and outlawed sending guns to fugitives or convicted felons. In 1968, the passing of the Gun Control Act amended the National Firearms Act and repealed the Federal Firearms Act. The Gun Control Act made licensing a need, changed the buying requirements, and changed the policy of the importation of guns from other countries. This act was replaced by the Firearm Owners’ Protection Act in 1986. This act added some new restrictions and made older ones different. However, it did decrease on the requirements of the 1968 act. This act also banned machine guns from being sold to the public. In 1988, the Undetectable Firearms Act was passed. This required the look-alike toy guns have a bright orange piece on the barrel of the gun. This act was passed as a result to 19 different police shootings of children with look-alike toy guns. In 1990, Congress passed the Gun-Free School Zone Act. This outlawed the possession by anyone of guns on school zones. However, this law was repealed because it was found that Congress could not make a law like this. In 1993, the Brady Handgun Violence Prevention Act was passed. This proscribed a five-day waiting period for purchasing a gun. It also created a computerized background check. The law enforcement officials had to do a background check on whoever was going to buy a gun. However, this part of the act was repealed in the Supreme Court case Printz v. United States in 1997.
To this present day, the gun control issue still stands as a very heated and controversial topic. In order to purchase a gun, you must fill out a Brady Form, which tells the name, address, date of birth, and a declaration of a person that he/she is not a convicted felon or suffers a mental illness. There is a five-day waiting period so the dealer can do a background check on the person. If the person passes these, then the gun must be registered with the police department of that area. In the future, there are many possibilities of what can happen. One concept that could occur is that personal gun ownership is abolished. For an extent of time after this would be passed, there would be a few guns circulating within the criminals, but eventually they would be gone. Crime would not decrease. The only factor that would decrease would be the number of deaths caused by guns. Vancouver, Canada and Seattle, Washington have a somewhat similar crime rate. However, the number of gun-related deaths is much higher in Seattle because of the availability of guns. Another concept that could occur is that the gun laws could stay as they are. This is a somewhat stable way of keeping control over guns. The guns must be registered, and guns will not be sold to anyone who is not stable enough to handle a gun. The pro side of the riddance of the personal ownership of guns would be that there would not be near as many deaths. The crime rate would not fluctuate much, but the number of deaths would drop. The con side is that there would be no personal protection for an individual.
Gun control has been a topic of controversy since the early years of the United States of America. There are those who believe it is wrong to own a gun for personal use, and those who believe that it is a right that should be left granted to the citizens of the United States. The Supreme Court has not made a definite interpretation of this amendment, but it relies on an assumption that it tells a gun is allowed for a person for a militia not funded by the federal government. Until the Supreme Court makes a final and definite interpretation of the Second Amendment, there will be an ongoing heated controversy over the necessity of guns in the American public.