Gun-Control Policy in USA - Coursework Example

 Gun-Control Policy in USA Abstract In USA, every year, more than 31,000 people die due to gun shots. The majority of gun violence victims are young people. Homicides rate due to gun shot in the USA is 20 times more as compared to other high-income nations. The reasons for higher rate of violent crimes in the U.S which is deadlier as compared to the other nations of analogues income levels is mainly due to less restrictive gun laws and higher prevalence of gun ownership. This research essay will analyse in detail the reforms to be made in the gun-control laws in USA due to recent shootings in Virginia Tech and Sandy hook were innocent college students , elementary school kids were shot and President Obama’s effort to bring some control in the use guns in USA. Introduction On 18 May, 1927, Andrew Kehoe made a violent gun attack at Bath School in Bath Township at Michigan in U.S.A thereby killing about 38 school kids and six adults and also about 58 other people had been injured during the incident. On 16 April, 2007, at Virginia Polytechnic, Seung-Hui Cho, a student of the same Virginia Tech killed 32 fellow students and teachers and also injured 17 other people, and later he committed suicide. At Sandy Hook Elementary School, on 14 December 2012, a twenty-year aged Adam Lanza killed 20 children and 6 adults with his gun and also killed his mother before the above incident and later Lanza committed suicide. The recent shooting at Sandy Hook Elementary school sent shock waves throughout U.S.A. President Obama virtually wept on giving his comment on the incident. Impacted by the Bath School gun attack, Obama stressed for the immediate amendment of US Gun Control regulations. The main aim of Obama’s gun control policy is to introduce a strong gun-control federal law to keep the school kids safe, to secure the schools in USA, to fix the broken mental health system of USA and to prosecute the aggressive criminals who indulge in gun violence with the maximum punishment under law. This research essay will analyse the gun-control initiatives in U.S.A in general and in particular, President Obama’s gun control initiatives to make the U.S.A safe from gun longing criminals. Gun Control initiatives in U.S.A The population of USA as of 2009 was estimated at 307 million people. As of 2010, about 300 million firearms are owned by citizens of USA, which is based on the manufacturing data available from firearm manufacturers and out of the above, about 100 million are regarded to be handguns. During 2008, about 16,272 murders were carried out in United States and about 10,886 or 67% were carried out by firearms. In 2008, as per data released by U.S Department of Justice, about 5,340,000 brutal crimes were carried out in USA and out of this; about 8% or 436,000 were carried out by criminals with help of shot guns. (“Just facts 2013”). However, from the following table, one can understand that murder involving guns in U.S.A is gradually falling down. Year Total Murders Murders involving firearms Comments 1995 Not available 16305 About 46.3% increase as contrasted to 1985 2007 14,916 10,129 35% decrease to 1995 figures 2011 12,664 8583 -15% decrease to 2007 figures-- It is to be noted that murders involving firearms have fell down about 50% in the last fifteen years. (Albright, 2013). About 40 to 45% of households possess the gun in the U.S and about 70 to 80 million U.S. residents own guns. About thirty-nine states have laws authorizing citizens with gun licences to possess hidden guns on the streets. As per the Federal Gun Free School Zone Act of 1995, individuals with possession of guns cannot approach within 1000 feet of a school from kindergarten to 12th grade .It is to be noted that in majority of gun related crimes, stolen guns either from the gun dealers or from homes are used despite the fact that a federal law demands that those dealers who got their licence from Federal government should report any gun which was either stolen or lost immediately to law enforcement. (Dosomething.org 2012). Gun culture in America is not a new phenomenon, and it remains from the immemorial periods. In 2009, it was reported that 124 million people in American households owned an aggregate of 270 million guns. It was also reported that about 30 individuals are shot accidentally by private citizens thinking them as an intruder by mistake and about 330 innocent persons are accidentally killed by police with guns in USA annually. (Lott, 2013, p.2). The main purpose of Federal Gun Control Act, 1968 is to stop possession of guns from precarious individuals. Due to assassination of Martin Luther King and John F Kennedy and due to increase in gun crimes in 1960, the above act was introduced. The Lautenberg Law which is an amendment to the Gun-Control Act of 1968, which prescribes a regulatory scheme, intended to stop the use of firearms, particularly in domestic violence. (“Jackson, 2010, p.435”). The opponents of gun control laws argue that such laws bar the people from safeguarding themselves by minimizing access to guns, and gun control laws will permit some crimes to happen that might have been avoided had the ban not been in place. (Valdez, 2009, p.69). “Various State Laws on Gun Control” Eighteen USA states have passed Child Access Prevention (CAP) laws as this law make gun owners responsible criminally if they make their guns accessible to children. New Jersey has passed a law banning of access of the gun by children. Maryland State passed a law that requires internal lock on guns and restricting sale of handgun to one per month .Illinois law requires background checks for private sales at gun exhibitions and shows. California can be said the only state in USA, which has stricter gun control laws as it stipulates many safety provisions like insist background checks for all gun sales from all resources, banning semiautomatic assault weapons , limiting sale of handgun to one per person per month to stop gun trafficking , making it compulsory to sell child safety locks with the gun, make it compulsory to pass a safety test and fingerprinting for handgun buyers , handgun buyers should follow some safety features , banning sale of -50-calibre sniper rifles , and compelling gun makers to follow technology which would facilitate tracing of the gun from spent cartridges at crime scenes. California State can be said to be pioneer as it banned sale of assault weapon guns in 1989 which paved the way for a federal ban in 1994. (Henigan 2009). Obama Administration and Gun Control Initiatives In 2008, when Barrack Obama, belonging to Democrat was elected as president, the advocates of gun control were strongly on the impression that they had a strong supporter in the White House. As a member of the Illinois State Senate and also as a member of the U.S Senate, Obama vehemently supported for restricting access to guns. In fact, the NRA (National Rifle Association) spent more than $10 million to attack Obama claiming that he was the most anti-gun president in the annals of the America and in spite of this defamation, Obama was able to gather support from the majority of the gun-friendly states which includes Virginia, New Mexico , Colorado , North Carolina and Nevada. Obama in May 2008 signed a credit card reform bill which included a rider disallowing firearm to be possessed in national parks. Obama also on December 2009 signed another appropriation bill, which reversed the ban imposed on the transportation of guns on Amtrak trains in locked luggage. The Brady Campaign to prevent Gun Violence due to Obama’s non willingness to make stiffer gun control rules gave a failing report card during his first year of office in 2008. It is to be noted that Obama is unsuccessful in gathering formal support even from his own party members and from Congress to pass a gun-control law even today. (Carter, 2012). The Impact of signing an International Treaty on Gun Control Virginia Tech gun assault compelled the Obama’s administration to initiate its first ever major action to ban all firearms in the USA. In October 2009, Obama administration started initiatives to sign international treaties with the foreign countries so as to impose a complete ban on all weapons by US citizens. The main aim of signing international treaties by Obama’s government is to enable the US State Department to circumvent all the regular legislative process in US Congress. All the US citizens will be governed by those gun laws which would be framed by foreign governments, once the US government signs these international treaties as these international gun control laws are designed by the United Nations and others. The international laws on gun control are intended and devised to make an overall ban and confiscation of all firearms and Obama government is trying to employ this approach and type of gun control mainly to circumvent the provisions guaranteed under the 2nd Amendment. The “Second Amendment” of the U.S Constitution requires that “an orderly managed militia, which is being essential to the security of a free state, the privilege of people to possess and to keep arms, shall not be barred.” However, due to stiff opposition from National Rifle Association and other opponents of the gun control regime, the above proposal has been now shelved. “President Obama’s Executive Actions on Gun Control” Impacted by the Sandy Hook Elementary School shooting incident, on 16th January, 2013, President Obama announced twenty-three executive actions on gun control and asked US Congress separately to support and pass the gun –control regulations. President Obama proposed a gun-control federal law which includes the provision like checking on the background on all gun sales, to renew the ban on sale of assault weapons, to ban the gun with capacities in excess of 10 rounds, and to levy penalties for unauthorised sale of guns to persons who are not eligible to buy. President Obama’s effort to pass a strong federal gun-control may likely to be thwarted since more than 12 susceptible Democrats from traditionalist US States may be likely to oppose what the President Obama is trying to accomplish. However, Democrats may agree to with lesser regulations like fortifying background checks, and to keep the guns away from the mentally retarded peoples and hard-core criminals. (CNN.com 2013). Earlier, On March 16, 2012, President Obama issued an executive order thereby bypassing Congress that offers him unlimited authority to seize any assets of any civilian including civilian weapons and such executive order resulted in an active Marital law. It is to be noted that an executive order passed by the President can circumvent Congress to establish gun-control laws limiting Americans from owning and possession of the assault rifle, limiting American’s privileges to discharge those guns with ammunition bought for such usage and banning the discharge of guns both in private lands and public places. Obama may by his executive order ban the import of assault rifles and may order the seizure of all assault rifles in the United States. (Wible, 2012, p.107). The Impact of Virginia Tech and Newtown Gun Shootings Both Virginia Tech and Newtown shootings aggravated the support for stricter gun-control laws as the Americans were more worried about guns getting into the hands of wrong persons. Some proponents suggested that college students should be allowed to carry guns on campus, mainly to protect themselves. Supporters of gun control argue that loopholes that exist in the present criminal background checks should be tightened, supply of ammunitions should be restricted and there should be better norms and regulations to bar mentally unstable individuals from accessing handguns. It is to be noted that Supreme Court of USA in 2009 held against the restrictions imposed by Columbia on handguns. The Court was of the opinion that a complete ban on handgun ownership as unconstitutional. The Supreme Court further observed that complete ban on handgun by Colombia infringed the right of an individual under the Second Amendment to possess a handgun for self-defence at his home. (Roberts, Lammond and Sulfaro, p.201). Another important amendment in the gun-control initiatives is the Blair Holt Firearm and Licensing and Record of Sale Act, HR 45 of 2009. The following are the consents contained in the first bill introduced in the Congress, HB 45 thereby recommending licensing needs for all gun owners in the U.S. As per this bill, a gun owner has to carry his firearms license along with his photo identity. For getting a gun license, the applicant should undergo training. Further, the licensee has to disclose his storage method during the application process. Federal government should be informed for the sale of each and every gun. If a gun license holder changes his residence, he has to inform his new address to the Attorney –General office within 2 months else it will be treated as a criminal offense. An individual cannot inherit a gun from his deceased parent or relative and in such case, he has to obtain a license in his name else it would be regarded as a criminal offense. A license holder has to renew his license once in every five years. (Bingham, 2012, p.37). Obama’s Union Address and Gun Control In his Union address on February 12, 2013, Obama demanded a vote on gun-control bills. He appealed to Congress to cast their vote on many gun- control initiatives proposed by his government. Obama suggested that some background checks should be made compulsory for gun licensing and sale of guns to criminals should be stopped. He also suggested to impose harsher punishments for “straw purchase” of guns. Some of the audience in Obama’s State of Union address 2013 consisted of some dozens of invitees who had lost their dear ones due to gun violence. (Willkie 2013). Conclusion Recent gun shootings at Virginia Tech and at Newtown have compelled the American government to rethink about its gun-control policy. Due to Second Amendment and due to strong lobbying from NRA (National Rifle Association) , Obama is not successful in enacting a strong gun-control law in U.S.A Further , his attempt to sign the international treaty with United Nations on gun-control is being thwarted not only by Republic but by his own Democrats and by strong gun support groups. On visualizing that he may not gather adequate support from U.S Congress for his gun-control initiatives, Obama has started to issue executive actions. Obama is taking his best efforts to introduce a gun-control regime with the support of all including Congress , NRA by introducing some background checks for gun licensing and ban on sale of guns to criminals and to introduce to impose harsher punishments for “straw purchase” of guns. Let us wait and see whether Obama’s initiatives will be successful in controlling the misuse of guns and make school zones a safer region for the kids in the near future or not. References Albright. (2013). Gun Control Statistics- Straight Facts. Retrieved on 18 February 2013, from http://daydull.com/rants/gun-control-statistics-straight-facts-is-gun-violence-murder-increasing-or-decreasing/ Bingham, E D. (2012). Wakeup America before it is too late. New York: AuthorHouse. Carter, GL. (2012) Guns in American Society. New York: ABC-CLIO CNN.com. (January 16, 2013). Obama Announces 23 Executive Actions. Retrieved on 18 February 2013, from Do something.org. (2012) 11 Facts about Guns. Retrieved on 18 February 2013 http://www.dosomething.org/tipsandtools/11-facts-about-gun Henigan, D A. (2009). Lethal Logic. New York: Potomac Books, Inc. Jackson, N A. (2010) Encyclopaedia of Domestic Violence. New York: CRC Press. Just facts .com. (2013). Gun Control. Retrieved on 18 February 2013, from http://www.justfacts.com/guncontrol.asp Lott, J R. (2013). More Guns, Less Crime. Chicago: Chicago University Press. Roberts NR, Lammond, SJ & Sulfaro, V A. (2012). Presidential Campaigns, Slogans. Issues and Platforms. New York: ABC-CLIO. Valdez, A. (2009).Gun Control. New York: Infobase Publishing. Wible, D S. (2012). Halftime in America. New York: iUniverse. Wilkie, C.(2013). Obama’s State of the Union Speech Demands Vote on Gun Control Bills. Retrieved on 18 February 2013 http://www.huffingtonpost.com/2013/02/12/obama-state-of-the-union_n_2647639.html Read More