The View of Gun Control - Term Paper Example

Introduction Imagine a homeowner reaching for his gun as he senses an intruder moving around his house. The homeowner seeks the intruder and in the event that they face each other, there is a big chance that one or both of them may get shot. In the view of gun advocates, this is plain self-defense. Now, imagine the same homeowner, hiding with his family and just calling 911 for help. He waits with his family in the dark or makes enough noise to alert the intruder. There is a big chance the intruder will hurriedly try to escape. The family hopes the police catch up with the individual. Meanwhile, they are grateful none were hurt. In the view of gun control proponents, the lack of firepower in the house resulted to a non-commission of a shooting. Based on the examples above, it seems that the controversy surrounding gun control is happening because of each group’s different interpretation on a common scenario. Where guns are a necessity for one, they are insignificant for the other. Where the former believes it helps save lives, the latter feels it takes lives. The debate on gun control goes a long way back. In 1971, the Bill of Rights was ratified for the last time. The document included the Second Amendment which states that “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.” (Gun Control Timeline). The forefathers of America used their guns for protection and livelihood. The Sullivan Act requiring the registration of firearms that were small enough to be hidden and two federal laws, the National Firearms Act of 1934 and the Federal Firearms Act of 1938 which called for licensing of gun dealers and regulating of machine guns, were created. (Froman) These were the first signs toward gun control and it was not received warmly by gun advocates. World War II happened, however, and gun advocates grabbed the opportunity to remind Americans how important it was to be armed and ready. Because the National Rifle Association included members such as Harry Truman and John F. Kennedy, the pro-gun control movement was not able to take any further action until the death of Rev. Martin Luther King and JFK from the hands of shooters. (Froman) The National Rifle Association is one major supporter of gun use and possession. The group believes the right to have firearms is explicitly mandated in the Constitution through the Second Amendment. (Jacobs) This is why members and supporters of the NRA believe that gun control measures infringe on one of the legal rights of Americans. As a result of their efforts, the succeeding legislature on gun control have been limited to, among others, registration of firearms, restrictions on certain types of firearms and background checks on those who are purchasing weapons. Gun advocates maintain that crimes are present in society not because firearms exist but because there are people who perpetuate the criminal acts. The pro-gun lobbyists also claim that it is better to be in possession of firearms for self-defense than to be a victim when faced with a threat. In contrast, individuals who are considered experts on the constitution firmly believe that the whole statement should be understood as a whole, pertaining to the right of the state to maintain their National Guards. (Reassessing) They say that the clause in the Second Amendment is not to be misinterpreted as the private individual’s right. Advocates of gun control suppose that the existing laws on firearms are not adequate to control gun use. This is manifested, they claim, by the violent crimes involving firearms. Supporters also maintain that the accessibility of guns makes it easy for even young people and criminals to obtain the same. Indeed, responsible gun owners cannot be put to fault for wanting to protect themselves or continue using firearms for recreational activities such as hunting game and sports. However, there have been many circumstances on record where citizens have used guns to kill another, whether accidentally or on purpose. Because of the obvious danger firearms brings to people, it would just be advisable and only reasonable for Americans not to be able to carry guns. Gun Control On April 16, 2007, Korean-born Seung-Hui Cho killed 32 people, hurt 29 and shot himself in the head with .22-caliber Walther P-22 pistol and a 99 mm Glock 19 pistol at Virginia Tech University. In 2011, a shooting in Arizona killed a 9-year old girl, an aide, a federal judge, two others and critically injured Rep. Gabrielle Giffords. (Spotts) In North Carolina, a painter shot and killed seven residents and a nurse at a nursing home with a “deer gun” and a shot gun. (Associated Press) The people above are not military personnel authorized to carry arms but just ordinary people who were able to acquire firearms. The advocates of gun control in America have learned not to call for the total banning of firearms. Because the history of the American people and firearms go way back to the American Revolution, eradication of firearms, at least for civilian use, would be close to impossible. The fact is there are people in America who use certain firearms for recreation such as hunting game or personal collections. For others, the use of firearms comes with the job such as in the military and law enforcement. The main issue in the existing controversy, therefore, is that if the government cannot withhold the right to bear arms as how gun advocates supposedly interpret the clause in the Second Amendment, then there should be stricter restrictions than the laws that are currently in place. Why? Because, even with the existing legislature on gun control, the number of civilian deaths and crimes due to firearms just keeps on increasing. If the government cannot provide these stronger regulations, then private individuals in America are better off without firearms. “Between 1979 and 1987, the Justice Department reports in a survey of victims of handgun crimes, offenders used their weapons to kill an average of 9,200 Americans each year and to wound 15,000.” (Reassessing) In 1998, there were 8,915 people in America who died from handgun violence. (Reassessing) According to the National Center for Health Statistics, there were 10 deaths per 100,000 people in the United States as of 2007. (The Centers for Disease Control and Prevention) If there were 302.2 million people in the United States as of 2007, then there have been 30,220 people who died from firearms. This is a very alarming number since the United States has been very firm that it will go to any measure in protecting its people. Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, believes that America has not really tried enforcing true gun control despite the federal laws and state laws that are in place. According to Helmke, there are only three federal laws at present that attempt to limit access to firearms: the Brady Law “which requires federally licensed gun dealers to check the records of "prohibited purchasers" supplied voluntarily by the states”; restrictions on machine guns and fully automatic weapons since the Prohibition era; and the Gun Control Act of 1968’s categories of “prohibited purchasers”. (1) As evidenced by the shooting incidents in the country, however, these regulations did not hinder civilians from acquiring guns. Seung-Hui Cho of the Virginia Tech tragedy did not buy a fully automatic weapon. He managed to pass the federal background check gun dealers are required to do during a transaction since he was not deemed as a prohibited purchaser. However, Cho’s mental health was troubled as seen through his school work and interaction with people and teachers. He had been ordered outpatient treatment in December 2005 but since there was no hospital confinement, the treatment records were not passed on to the federal database. (Williams) Despite the restrictions on semi-automatic weapons found in the Crime Control Act of 1990, Eric Harris and Dylan Klebold plotted and killed 12 students while wounding 23 with two sawed-off shotguns, a rifle and a semiautomatic pistol on April 20, 1999. (Jost) The two students planned the killing as a result of classmates harassing and bullying them. Where gun advocates claim that the Second Amendment provides adult Americans the right to bear arms (Jacobs), gun control supporters contend that because firearms are so accessible even children have fallen victims to gun use. In Maryland, a five-year old boy shot a four-year old on a playground in Hillcrest Heights. (Ackland) In Englewood, a seven-year old boy accidentally shot a seven-month old baby in the leg with a .38 caliber revolver he found in a bedroom. (Child) These incidents obviously point to the danger of allowing civilians to have access to firearms. No matter how careful the adult owners are in keeping their guns, accidents may happen and, unfortunately, it is the young children who are still unaware of the dangers around them that are usually hurt or get hurt. It has been said that crimes exist because there are persons who commit the act and there are tools available for the persons to carry out the offense. If this equation is correct, then the accessibility of firearms aid in perpetuating crimes. Proponents of gun control in the United States have argued that restrictions on gun use and/or purchase will indeed help reduce crimes. It is true that the use of firearms go way back in the history of America. Nevertheless, this aspect in the lives of Americans require a closer evaluation if the American people do not want their future to be a society similar to the gangster era where firepower was used to solve problems. Gun Use In America, the most visible and prominent group pushing for the right to firearms is the National Rifle Association. With eight (8) U.S. presidents under their list of members, the NRA is the strongest opponent of gun control advocates in the debate on gun use and possession. The group and its supporters are quite firm in their belief that the Second Amendment has given every adult American the legal right to bear arms. Proponents claim that since the beginning of America, its people have used firepower for livelihood, leisure and protection. The Constitution recognizes this, they say, which is why the Second Amendment exists. If firearms were removed in a citizen’s life, the individual will surely become a victim of crime and violence. With the rise of restrictions on gun use, gun advocates also moved for reforms and changes in order to protect the privilege of citizens’ to own guns. The Firearms Owners Protection Act of 1986 which reduces some limitations on gun and ammunition sales and places mandatory penalties for using firearms during a crime (Gun Control Timeline) is just one example of the many triumphs gun advocates have accomplished in their movement to maintain the use of firearms in the United States. While gun control supporters claim that guns aid in the commission of crimes, the gun advocates contend that guns are important primarily because they are used for self-defense when there is a crime. The group says that it is better to fight back than to be a passive victim. Indeed, the media has shown incidents about citizens with firearms being able to thwart robberies and the like. In Nashville, a store owner shot and killed a man who was supposedly trying to rob him. (No Charges) There is also the 80-year old homeowner who shot and killed the felon on parole who had broken into the elderly’s home. (Armed) The Annie Ryan story about an 81-year old woman who used a .38 to shoot the thief trying to break into her home (Iversion) is another incident to support the claim of gun advocates. The NRA has initiated programs to help parents educate children about guns. (Since almost half of the American families have guns in their homes, it is the responsibility of parents to teach their kids the difference between toy guns and real guns. (Parents guide) The programs also discuss how to handle guns properly. It is hoped that with these guidelines children will be safe from harm. Videos on the Internet also show of adults teaching young ones how to shoot using machine guns, sub machine guns and cannons. (Freedom) It is believed that many years ago state agencies taught kids how to shoot and handle a firearm in hunter safety programs (Tagliare) so the parents of today should be responsible enough to pass on the legacy and teach their children the same. Because guns have been a part of every American household to live and survive since thousands of generations ago, one cannot fault some people of today for thinking that guns are still a valid tool for self-defense and recreation. This belief is founded on experience and legal doctrine. While the demand of the pro-gun control group is better understanding that guns equal danger, gun supporters ask for understanding that guns equal safety. As such they continue to push for lesser restrictions on gun use and possession. They condemn the act of some pr-gun control states in penalizing would-be victims for using their personal guns despite the fact that these were used in self-defense. Conclusion Throughout its history, the “right to bear arms” has been provided in the laws of the United States. (United States) The land of the free wanted for their people to have the capacity to protect themselves. As such, people have been allowed to bear handguns, rifles and the like for generations. This historical fact has been the basis of a seemingly never-ending debate on whether the ownership of firearms should be permitted. People who hunt for leisure or necessity believe that owning guns is a right provided by the Constitution and should not be restricted. On the other hand, advocates of gun control think that allowing common people to purchase guns only lead to crimes and violence. Admittedly, guns are both helpful and dangerous. Since gun advocates claim gun control laws violate their personal rights, current laws on gun control should be re-evaluated so as not to violate these rights. At the same time, however, lawmakers should also ensure that current and subsequent regulations will completely safeguard its citizens by making firepower inaccessible to criminals. Works Cited Ackland, M. “Child Shoots Another Child on Playground in Hillcrest Heights.” Myfoxdc.com. 30 June 2011. Web. 30 November 2011. Associated Press. “Police: Gunman’s wife worked at care home.” Crime & courts on msnbc.com. 30 March 2009. Web. 29 November 2011. “Armed Chicago Man Defends Himself Against a Violent Burglar.” LearnAboutGuns.com. 28 May 2010. Web. 30 November 2011. “Child shoots baby in Englewood home.” Chicago Sun-Times. 26 October 2011. Web. 30 November 2011. Freedom State Alliance. “Young Children Shooting Machine Guns.” Opposing Views. 8 December 2008. Web. 30 November 2011. Froman, S. “The history of gun control.” On Target. World Net Daily. 7 June 2007. Web. 28 November 2011. “Gun Control Timeline.” US Government Info. About.com. 26 September 1999. Web. 28 November 2011. Helmke, P. “Does America need more gun control?” Los Angeles Times Opinions. 18 April 2009. Web. 29 November 2011. Iversion, R. “Annie says “Go for your gun then dial 911.” Gun Stories. n.d. Web. 29 November 2011. Jacobs, J. “Right to bear arms' decision would improve gun control." USA Today. Academic Search Complete. n.d.Web. 25 November 2011. Jost, K. “Are stronger measures needed to protect society?” Gun violence. CQ Researcher, 17, (457-480) 25 May 2007. Web. 29 November 2011. “No Charges Against Storeowner Who Shot, Killed Robber.” NewsChannel5.com. 01 December 2011. Web. 28 November 2011. “Parents’ guide to gun safety.” The National Rifle Association Headquarters. n.d. Web. 29 November 2011. Reassessing the nation's gun laws. (1991, March 22). CQ Researcher, 158-173. Web. 25 Nov. 2011 Spotts, P. “Arizona shooting: Rep. Gabriel Giffords hit at meeting with constituents.” The Christian Science Monitor. 8 January 2011. Web. 29 November. 2011. The Centers for Disease Control and Prevention (CDC), National Center for Health Statistics, Division of Vital Statistics, Number of Deaths Due to Injury by Firearms per 100,000 Population, 2007. Top of Form National Vital Statistics Report Vol. 58, Number 19. PDF file. Tagliare, D. “The Second Amendment: A Legacy to Our Children.” Godfather Politics. 30 September 2011. Web. 30 November 2011. United States Senate 97th Congress. The Right to Keep and Bear Arms: Report of the Subcommittee on the Constitution. Washington: U.S. Government Printing Office, 1982. Print. Williams, R. “Governor close gun purchase loophole.” The Roanoke Times. n.p., 30 April 2007. Web. 29 November 2011. SOURCES Spotts, P. “Arizona shooting: Rep. Gabriel Giffords hit at meeting with constituents.” The Christian Science Monitor. 8 January 2011. Web. 29 November. 2011. Arizona shooting: Rep. Gabrielle Giffords hit at meeting with constituents An Arizona shooting critically injured US Rep. Gabrielle Giffords (D) and left an aide, a 9-year-old child, a federal judge, and at least two others dead, law-enforcement officials say. Associated Press. “Police: Gunman’s wife worked at care home.” Crime & courts on msnbc.com. 30 March 2009. Web. 29 November 2011. Police: Gunman's wife worked at care home Domestic issues investigated after North Carolina man kills 8, injures 3 Below:  Police in Carthage, N.C., say 45-year-old Robert Stewart may have been after his estranged wife. updated 3/30/2009 8:46:15 AM ET CARTHAGE, N.C. — A painter accused of shooting up a North Carolina nursing home may have been after his recently estranged wife during a rampage that killed seven residents and a nurse tending to their care, authorities said Monday. http://www.constitution.org/mil/rkba1982.htm The right to bear arms is a tradition with deep roots in American society. Thomas Jefferson proposed that "no free man shall ever be debarred the use of arms,"and Samuel Adams called for an amendment banning any law "to prevent the people of the United States who are peaceable citizens from keeping their own arms." The Constitution of the State of Arizona, for example, recognizes the "right of an individual citizen to bear arms in defense of himself or the State." A third and even more compelling case for an individual rights perspective on the Second Amendment comes from the State demands for a bill of rights. Numerous state ratifications called for adoption of a Bill of Rights as a part of the Constitution. The first such call came from a group of Pennsylvania delegates. Their proposals, which were not adopted but had a critical effect on future debates, proposed among other rights that "the people have a right to bear arms for the defense of themselves and their own state, or the United States, or for the purpose of killing game; and no law shall be passed for disarming the people or any of them, unless for crimes committed, or a real danger of public injury from individuals." 39 In Massachusetts, Sam Adams unsuccessfully pushed for a ratification conditioned on adoption of a Bill of Rights, beginning with a guarantee "That the said Constitution shall never be construed to authorize Congress to infringe the just liberty of the press or the rights of conscience; or to prevent the people of the United States who are peaceable citizens from keeping their own arms...." 40 When New Hampshire gave the Constitution the ninth vote needed for its passing into effect, it called for adoption of a Bill of Rights which included the provision that "Congress shall never disarm any citizen unless such as are or have been in actual rebellion". 41 Virginia and North Carolina thereafter called for a provision "that the people have the right to keep and bear arms; that a well regulated militia composed of the body of the people trained to arms is the proper, natural and safe defense of a free state." 42 Reassessing the nation's gun laws. (1991, March 22). CQ Researcher, 158-173. Web. 25 Nov. 2011 Reassessing the Nation's Gun Laws March 22, 1991 • Volume 1 Although the differences in violent crime rates between the United States and other industrialized countries were narrowing as the decade drew to a close, this country's lead in violent crimes remained overwhelming. The difference becomes even more stunning when the choice of weapons for violent crimes is examined. From its review of the literature, Handgun Control Inc. found that in 1988 handguns were used to kill seven people in Great Britain, 19 in Sweden, 53 in Switzerland, 25 in Israel, 13 in Australia and eight in Canada. In the United States that year, 8,915 people died from handgun violence. Between 1979 and 1987, the Justice Department reports in a survey of victims of handgun crimes, offenders used their weapons to kill an average of 9,200 Americans each year and to wound 15,000. Helmke, P. “Does America need more gun control?” Los Angeles Times Opinions. n.p., 18 April 2009. Web. 29 November 2011. Does America need more gun control? Do the recent mass shootings in New York state and Pittsburgh suggest a need for more stringent firearms laws? The Brady Campaign's Paul Helmke and 'Ricochet' author Richard Feldman debate. April 8, 2009 Today's topic: Richard Poplawski, the alleged gunman in the April 4 Pittsburgh shootings, reportedly obtained his weapons legally. Jiverly Wong, who killed 13 people in New York state on April 4, also bought his guns legally, having passed background checks. Does this suggest the gun control measures in place across the country are inadequate, or that they aren't being carried out properly? Complete Dust-Up: Day 1  |  Day 2  |  Day 3 We haven't even tried real gun control Point: Paul Helmke The most recent epidemic of mass shootings (as well as the roughly 30,000 gun deaths and 70,000 gun injuries we suffer each year) shows quite clearly that we do not have the "laws on the books" needed to prevent this level of violence. In fact, at the national level, we really have only a handful of weak, loophole-ridden laws designed to make it harder for dangerous people to get guns. There are no U.S. laws against buying the high-powered assault rifle owned by the alleged Pittsburgh gunman, or other military-style assault weapons being used more often against police and others across the country -- or even the .50-caliber sniper rifles able to shoot down a helicopter. There are no U.S. laws against buying or selling guns online, both of which the alleged Pittsburgh gunman reportedly did. His discharge from the military reportedly for assaulting an officer and the allegations of abuse leveled against him by his girlfriend were apparently not severe enough to get his name added to the federal "prohibited purchaser" list. The Binghamton, N.Y., killer's former colleagues feared that he might someday show up mad and shoot a number of them, but there is no U.S. law requiring that someone be asked to vouch for a gun purchaser. According to reports, this killer acted strangely during many visits to his local gun store, where he became well known, but this didn't disqualify him from being a gun purchaser. The suspected Pittsburgh killer expressed his fear of the government and of losing his "rights" to own guns such as his AK-47. The Binghamton killer supposedly said he wanted to kill the president. Neither had any problem complying with our negligible federal laws dealing with access to guns. There are really only three laws at the national level making it harder for dangerous people to get firearms. There are restrictions on access to machine guns and other fully automatic weapons that date back to the end of the Prohibition era; categories of "prohibited purchasers," such as felons and the dangerously mentally ill, as established in the Gun Control Act of 1968, passed after Robert F. Kennedy and Martin Luther King Jr. were assassinated; and the Brady Law -- named after Ronald Reagan's former press secretary, James Brady, who was seriously injured during the 1981 assassination attempt on the president -- which requires federally licensed gun dealers to check the records of "prohibited purchasers" supplied voluntarily by the states. That's it -- just three federal laws. A few states (among them California) have more laws, but these are often frustrated when people go to another state with fewer restrictions, such as Nevada. In most parts of the country, an individual can avoid a background check by buying from a "private seller" (often at a gun show), can buy an unlimited number of guns and can buy guns without either a license or a permit. Gun control in American hasn't failed -- we haven't even tried it yet. Paul Helmke, a former three-term mayor of Fort. Wayne, Ind., and past president of the U.S. Conference of Mayors, is president of the Brady Campaign to Prevent Gun Violence.  Jost, K. (2007, May 25). Gun violence. CQ Researcher, 17, 457-480. Retrieved from http://library.cqpress.com/cqresearcher/ pre-teenage students. In the deadliest of those incidents, two students at Columbine High School, near Littleton, Colo., killed 12 students and wounded 23 others on April 20, 1999, before committing suicide. Eric Harris and Dylan Klebold had plotted the massacre for a year as retaliation for what they saw as bullying and harassment from classmates. They used two sawed-off shotguns, a rifle and a semiautomatic pistol in a rampage that extended over more than four hours before the shooting stopped — allowing police to enter the school and find the bodies of Harris and Klebold and their victims. This honored tradition went completely unchallenged until the 1900s. Then New York passed the Sullivan Act in 1911, one of the first gun control laws. This law required that firearms small enough to be concealed on a person be registered. This state law became a test measure for future gun control laws. The Second Amendment 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." The NRA and millions of gun owners, focusing on the second clause, believe that the amendment guarantees adult Americans with clean records the absolute right to possess and even carry weapons. Gun-control proponents, emphasizing the first clause, argue that it guarantees the states only the right to control their militia units. Read More