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Guns law in the united states - Essay Example

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The Second Amendment of the constitution of the United States says, “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 intended scope of this amendment has elicited…
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Guns law in the united states

Download file to see previous pages... “…a well regulated Militia…,” to argue that the amendment meant that it is states and not citizens that have the right to use arms for self-defense. The U.S. Supreme Court has in instances used the collective rights approach and in other instances, the Court has favored the individual right approach. When the Court upholds a collective rights approach, it gives the government the authority to regulate firearm without implicating the Second Amendment. Upholding the individual right approach denies a government the authority to deny citizens the right to possess firearms (Kwon et al 41).
Federal laws relating to the regulation of firearms are contained in the chapter forty four of the U.S. Constitution. The federal law prohibits the possession of guns that have serial numbers showing they were manufactured after May 19, 1986 but with exceptions. It is prohibited under federal law to carry short-barreled shotguns, short-barreled rifles, machine guns, silencers and destructive devices unless registered with the National Firearms Registration and Transfer Record. Federal law prohibits the possession of firearms by persons including felons, fugitives, users and addicts of controlled substances, mentally defective, illegal aliens, dishonorably discharged from the armed forces, those who renounce U.S. citizenship and those convicted of domestic violence. The commerce of firearms with prohibited persons is prohibited under federal law. Use of firearm in drug trafficking or in the commission of a crime of violence is prohibited under federal law. Under the Brady Act, the federal law requires law enforcement officials to conduct background checks before the purchase of handguns. In addition, the federal law prohibits the possession of guns by juveniles less than eighteen years of age. It is also illegal under the federal law to possess a gun in a school (Spitzer 34).
There are some gun laws that are common to a number of states and there are gun laws that are ...Download file to see next pagesRead More
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