Assault Weapons in America Issue - Research Paper Example

Politics and Administration Prohibition against Importation, Ownership, Transportation and Use of Assault Type Rifles Capable of Firing in Semi-Automatic or Automatic Modes Abstract This paper seeks to unearth the definition of assault weapons by the American federal government and an exploration of prior and current legislations on assault weapons in the United States. It also seeks to explore on the reasons of the high prevalence of assault weapons in the United States, in addition to the reasons for the failure of legislations (Krouse & Library of Congress, 2013). The paper also explores into the impact of democratic governance, American government institutions, and other extra-constitutional entities on politics and administration. A history of assault weapons is also outlined within the paper, in addition to an exploration on the assault weapon legislations, such as the Violent Crime Control and Law Enforcement Act of 1994 and the Assault Weapons Ban of 2013 bill (Krouse & Library of Congress, 2013). Introduction i. Background of the Issue The United States federal government has set up control legislations and laws to strengthen and enforce the prohibition against the importation, ownership, transportation and use of automatic or semi-automatic assault rifles/weapons (Gaines & Kappeler, 2011). Assault rifles are semi-automatic and designed with military features, for enhanced accuracy in rapid firing (Press, 2009). They are dangerous weapons designed for quick and effective spray firing of humans, with additional features such as pistol grips and ability to use detachable bullet magazines. Assault rifles have been used in many high-profile killings in the United States, with a recent research study and analysis of Federal Bureau Investigation data indicating that between 1998 and 2001, assault weapons had been used in the killing of about 20% of the law enforcement officers, in their respective lines of duty (Gaines & Kappeler, 2011). Researches have also indicated that there is a rise in the use of assault weapons by drug dealers and gangsters against the law enforcement officers, and hence the increased use of assault weapons by the officers as a counter (Gaines & Kappeler, 2011). ii. Significance of the Issue The research and study on this issue will help in the understanding of the meaning of assault weapons and their features, and the connection to human assault and killings in the United States of America. The research is also important in exploring the measures taken by the American federal government in countering the use of assault rifles, in addition to public opinion and support on the same. The research also objects at exploring the set up legislations for prohibition of importation, ownership, transportation and use of assault weapons. There is also an exploration of the most affected states in America, and their respective state bans on assault rifles. The history of assault rifles in the United States is also a core objective of this research study to provide extra information about assault rifles for a better understanding. The Impact of Democratic Governance on Politics and Administration On 13th September, 1994, the American Congress adopted the Violent Crime Control and Law Enforcement Act of 1994 that prohibited the manufacturing, transportation or possession of assault weapons (United States, 2009). This Act was an amendment of the Gun Control Act of 1968. Though this Act was critical in controlling the manufacture, possession and use of assault weapons, there were specifics of firearms, shotguns and pistols that had at least two specified features (United States, 2009). These specifications created a large loophole for the manufacturers to circumvent the law by modifying the already produced weapons, since the Act applied only to weapons manufactured after the enactment (Gaines & Kappeler, 2011). This created a loophole for manufacturers to circumvent the law through modifications, and continued transportation of priory manufactured weapons, which saw the classification of the features affected by the ban as cosmetic by both the National Rifle Association and the Violence Policy Center (Gaines & Kappeler, 2011). The Violent Crime Control and Law Enforcement Act of 1994 expired on 13th September, 2004. There have been multiple attempts to floor a bill in the Congress due to democracy sabotage, and the influence of Congressmen/women on legislation of critical bills (Gaines & Kappeler, 2011). Democracy in the American federal government tends to give too much freedom and power to the law makers, whereby the majority rules (Gaines & Kappeler, 2011). The legislation process is demanding to the democratic federal government, with the decision making processes on the assault weapon ban or prohibition lying on the majority Congressmen. The federal state government has, however, partnered with individual state and local governments in the reduction of assault weapons and associated firearm accidents (United States, 2009). The occurrence of mass shootings in Newtown, Tucson and Aurora increase the pressure on the regulation and prohibition of assault weapons in the United States. On 24th January, 2013, the Assault Weapons Ban of 2013 bill was introduced in the House by Senator Feinstein (Krouse & Library of Congress, 2013). This bill is objected at halting the sale, transfer, manufacture or importation of assault weapons. Federalism in America has seen politicians debate on whether the President should or will push for prohibition and control of assault rifles after the Newtown shooting. It has taken many years to enact an all-inclusive legislation to help in the control of the manufacture, transportation, possession and/or importation of assault weapon (Krouse & Library of Congress, 2013). According to research, assault weapon restrictions has seemed to separate conservatives, that is, separation of consistent supporters of federalism and constitutionalism from those willing to who are inconsistent in supporting the same, depending on the impact on their political ambitions (Krouse & Library of Congress, 2013). The Impact of American Government Institutions and Extra-constitutional Entities on Politics and Administration In America, politics and administration are bound to be separated, though research and international comparisons have proven that public bureaucracies are instruments of management in addition to playing political roles in public administration (Gaines & Kappeler, 2011). Government institutions, such as the Congress and the courts (for example, the Supreme Court), have a great impact in the assault weapons legislation process. The Congress has the responsibility of debating bills and making them laws, in addition to ensuring the effective implementation of the laws (Gaines & Kappeler, 2011). According to research, the Congress has taken long enough in bringing any bill on assault weapons ban for discussion in the floor of the House. Congressmen seem uninterested in such a bill due to the possible political consequences that such a bill may bring to the individual (Gaines & Kappeler, 2011). Though the Congress agrees anonymously that the problem of assault weapons is critical, there is no significant effort in bringing that crucial legislation for the regulation or ban of assault weapons (Krouse & Library of Congress, 2013). The multiple efforts by some members of the Congress to bring the issue to the floor for discussion have lacked enough support to create quorum. The failure by the Congress to play its part in enacting legislations has seen several states enact their own laws to counter the issue of assault weapons in the respective states (Krouse & Library of Congress, 2013). There are several states in America that have enacted assault weapon bans in accordance to the definition, importation, transfer and possession of assault weapons (Krouse & Library of Congress, 2013). The states that have enacted state bans on assault weapons are; California, Connecticut, New Jersey, Maryland, New York, Massachusetts, Hawaii and the District of Columbia (Krouse & Library of Congress, 2013). Other states have enacted regulations, such as Virginia and Minnesota. The individual state efforts include Maryland’s ban on the production and sale of cheap handguns that reduced the use of banned handguns in crime, Connecticut’s law amendment to provide that persons convicted for committing serious juvenile crimes are barred from firearm possession (Krouse & Library of Congress, 2013). The Congress has been sluggish in the enactment of assault weapon legislations or regulations, and efforts are only seen when there are assassinations, such as the assassination of President John f. Kennedy and Martin Luther King Jr., or the Newtown shooting, which has led to a continued unregulated presence and use of assault weapons (Gerdes, 2008). The Senate voted down a bill to ban firearm manufacturers and dealers from taking responsibility of crimes committed with their products (the Protection of Lawful Commerce in Arms Act). This was as a result of a proposed 10-year extension of the assault weapons ban (Gerdes, 2008). The US courts have also played a significant role in the assault weapons legislation. They tend to sabotage the regulation of importation, transfer, manufacture, importation or use of assault weapons through declaration of regulatory Acts as unconstitutional or illegal (Becker, 2009). This is clearly illuminated in the declaration of the Violent Crime Control and Law Enforcement Act of 1994 as illegal, by a US court (Gerdes, 2008). The courts, therefore, seem to be fighting the laws and regulations instead of endorsing and enforcing the same (Becker, 2009). In research report submitted to the United States Department of Justice and the National Institute of Justice in 2004 claimed that a renewal of the assault weapons ban (Violent Crime Control and Law Enforcement Act of 1994) would have insignificant effects on the crime and gun violence, on the basis that assault rifle use is rare in crime (Becker, 2009). The legislations on assault weapons received intensive media scrutiny and defamation, which led to the failure of the multiple efforts of bringing a regulation or ban bill for debate and enactment (Becker, 2009). The media has a great influence in the passing of legislations and critical decision making through extensive delivery of information, hence it can be a reasonable critique to the assault weapons ban (Becker, 2009). In conclusion, the assault weapons bill should be an active law in the United States as a whole, in addition to having legislations in each American state in ensuring a control or regulation of assault weapons (Gerdes, 2008). There have been barriers and sabotage to the priory proposed and implemented laws, such as the Violent Crime Control and Law Enforcement Act of 1994 that was not renewed (Gerdes, 2008). Though the Assault Weapons Ban of 2013 bill was introduced for debate, there should have been existing laws and better legislations on assault weapons ban or regulation (Krouse & Library of Congress, 2013). References Becker, F., (2009). Criminal investigation. Sudbury, Mass: Jones and Bartlett Publishers. Gaines, K. & Kappeler, E. (2011), Policing in America, Newark, NJ: Lexis Nexis. Gerdes, I. (2008). Guns and crime. Detroit, MI: Greenhaven Press. Krouse, J., & Library of Congress, (2013), Gun control proposals in the 113th Congress: Universal background checks, gun trafficking, and military style firearms. Washington, DC: Congressional Research Service, Library of Congress. Press, B. (2009). Crime in the United States 2009: Uniform Crime Reports. Lanham: Rowman & Littlefield Pub. Group. Samuels, J. & Sage Publications, (2006), Encyclopedia of United States national security. Thousand Oaks, Calif: Sage Publications. United States (2009). The United States government manual 2009/2010. Washington, D.C: Federal Register. Read More