Gun Control Policy in the USA - Essay Example

Introduction The policy debate regarding gun control and gun use in the US is currently informed by the notion that most victims of guns seem to be disproportionately younger and the cases of gun violence as a resulting into premature death rates in the US. Similarly, gun control policies are more informed by the need to reduce highest crime rates that are often associated with illegal gun ownership. The ongoing debate concerning gun control in the US currently makes a quick drift as to whether guns make people safer and on the opposite, thus the debate posits on making restrictions when it comes to citizens rights to own guns. Currently, gun control policies do not forbid law abiding citizens over the ages of 21 against gun ownership, but rather aim at among other things to define circumstances under which a person can own a gun. Similarly, the ongoing debate on gun ownership seems to be pegged on achieving the following three issues; implementation of laws that discourage illegal gun ownership; restriction to carrying of concealed firearms outside homes; and regulating the process of designing firearms to safeguard public safety. There seems to be a general consensus therefore that the revision of existing laws is important so as to keep them in line with the ongoing social changes. It therefore follows that this paper adopts an analytic approach that entails looking at the enlightenment period with regard to each and particular problem as outlined in the guidelines of the paper while placing significant emphasis on the social theories. An attempt is then made to draw solutions to the discussion based on the principle of compromise and consensus as to whether gun control makes us ‘safer’ or ‘less safe’. Comparative and Analysis a) Social Contract (Representative governance) Social contract theory is a theoretical proposition by Thomas Hobbes and John Locke, and has its origins in the seventeenth century and predates the constitution. The theory in simple terms provides that societal members are given certain fundamental rights in return for giving up certain freedoms. By virtue of the fact that these rights and responsibilities are neither natural nor fixed, then a provision for their alteration is provided should a society deem so. However, in the process of making meaning of these rights, then the society must bear additional responsibilities, subsequently, fewer responsibilities translate to fewer rights. The implication for gun ownership is that all citizens have a right to gun ownership as a means of protection. By an extension, this is the right that is enshrined in the Second Amendment. However, the exercising of these rights are only applicable when someone remains in nature, but restrictions do exist when this changes and one joins a community, and therefore one is expected to conform to community’s norms and standards. Further, Social Contract provides an explanation why there exists variation in gun rights across states. For instance, New York has, through their leaders to have a more stringent provision in gun control than those in Hawaii. The founding fathers that are part of the age of enlightenment would mainly support the idea of an elected government that has the consent of the people. Above all, the concept of Social Contract is anchored on the willingness of the society to give up something of value in exchange of rights of the members who choose to live in the community. Are these restrictions theoretical or real, if they are not real, then one can argue that a society has failed in its mandate, and should expect less from individual members of that society. b) Classical Liberalism (natural rights) This is the political ideology that advocates for freedom of politics and civil liberties under the rule of law but with limited government control. A laissez faire government policy on the economy is advocated for. Proponents of classical liberalism were against the provision of social assistance to the underprivileged favoring to leave them alone to determine their own destiny. Individuals are entitled in classical liberalism to be free to pursue their self-interest without any constraints from the society or government. Individuals under this are thus driven by fear of hunger and the profit motive in their endeavors. Today the enlightenment thinkers would support the idea of a small government with less government involvement in the economy and the lives of individuals. They would advocate for a free market driven by the forces of demand and supply exclusive of the government. Policies meant to address income and wealth redistribution would be opposed by the enlightenment thinkers. The classical theorists therefore disagree that gun control is equivalent to crime control. To these proponents, they hold the view that knowledge that the population is disarmed only provides criminals an opportunity to operate as they are much more aware that the public is not armed. Further, these class of people post that guns are objects that do not act on their own but are acted upon, and they function not only to ‘kill but to prevent killing and protect.’ c) Faction (pluralism) Pluralism is a term used to denote wide ranging topics and diverse views. The founding fathers who were the authors of the constitution were divided when it came to pluralism. During the American enlightenment period, wide ranging views were encouraged to achieve the goals of tolerance and diversity in the United States. In this concept, there exist various interests groups opposing each other for the achievement of common good. However, the concept of interest groups tends to interfere with the democratic process, as they advocate for the benefits of minority of individuals rather than those of the majority. In their part, the Pluralists have disagreed with stringer rules on gun control despite the majority advocating for it. d) Ambition (Elitism) Elitism is the system whereby a certain group of people perceived to be the best among other groups is given advantage over other groups especially with the objective of maintaining a certain class or order. From the enlightenment age elitism was encouraged. Thinkers such as Jefferson were opposed to unqualified or underprivileged people taking the leading roles in governance. Thinkers such as Jefferson favored the rule of the wealthy and the educated elite within the system. Thus a general consensus exists that certain groups of people should be allowed to own gun and others should not due to the social class issue. e) Federalist position There is ongoing debate in policy reform on the role of the central government and the state governments at the state level. The authors of the constitution took to account the pre-existence of the states before the birth of the United States as a unified state. It was important to leave some powers down at the local level to allow people to decide on how they would be governed including powers to own guns. The writers of the constitution also cited that this would limit the direct power of the central government with regard to people’s day to day lives. Enlightenment thinkers who supported a federalist approach to governance cited England whereby the central monarchy government had maintained a stranglehold on power. Federalism was seen as an insurance of preventing consolidated state power and a beholder of liberty for every individual on matters of protection. f) Anti-federalist position Anti-federalists during the enlightenment period were opponents of federalism and claimed that the formation of federations would undermine republicanism. However the anti-federalist course failed making the United States a federal state. However it is clear in the constitution that powers are divided accordingly between the federal government and the state governments. When it comes to gun ownership, anti-federalists questions people’s rationality in deciding gun ownership g) Constitutional perspective The constitution which is a set of agreed upon rules and principles that are used to govern a group of people. In the case of the United States it is the document that contains the laws that are used to govern and set out guidelines for the nation. The original constitution of the United States was deliberated and written by prominent enlightenment thinkers. The ongoing debate on the constitution is the legitimacy of amending the constitution. To enlightenment thinkers such as Thomas Jefferson the world is ungovernable and full of chaos if constitutions were not made. By virtue of the Second Amendment, advocators of the gun ownership rights argue that the Amendment gave them unrestricted right to own and have any arms of their desire, subject to non-restrictions. That all the Americans, irrespective of the mental capacity, earlier conviction status, are guaranteed constitutional right to own guns of their choosing h) Bill of rights As written in the constitution all human beings are created equal. The main proponent of this clause who was Thomas Jefferson believed that no human being was created superior to the other. This necessitated the drafting of the bill of rights in the constitution to safeguard the rights of each and every citizen irrespective of class, race and other features that make human beings different. The Second Amendment of 1971 provides a provision for the protection of rights and gun ownership. Interpretation of the Second Amendment differs between people from those who believe that it safeguards individual’s rights to own guns and those who disagree. However, the Supreme’s court ruling that gun ownership is not an absolute right has enabled regulation into gun control and ownership. SOLUTIONS: THE PRINCIPLE OF COMPROMISE AND CONSENSUS. Federalism perspective Federalism should be the core feature of the United States government. The federal government is responsible for safeguarding the rights of each and every individual in the nation as stipulated in the constitution. State governments are entitled with legislating local issues that concern the populace of a state who are brought together geographically and socially. This therefore places responsibility on state governments to determine and impose regulations that they deem are in interest in protecting the citizens. States perspective States as stipulated above are the guiders of the rule of law at the state level. Concerns and interests on matters of national interests by the people should be taken to the federal government by the state governments. Elected officials should be the main components of the administrative framework of states. Cooperative federalism perspective For the federal nation to run smoothly the various states governments elected through the popular vote should cooperate with the popularly elected federal government in deciding on issues that affect the welfare of the citizens. Gun control should therefore a cooperative effort of the state’s government and federal government. My proposal and perspective The principles and values of the enlightenment period though not in line chronologically with the current political generation should be the guidelines to the nation. However since all human beings are created equal, elitism should be eliminated from the system to avoid retribution and deal with issues of wealth disparity throughout the nation. However a laissez faire economic system should be instituted to work hand in hand with social services only for the genuine underprivileged poor. The principle of democracy should be sustained to uphold our republicanism, sovereignty and liberty. Therefore it seems to be strongly that cultural perceptions determines one’s view on gun control, and these positions vary across social groups. Work cited Ferguson, Robert. The American Enlightenment. Cambridge: Harvard University Press, 1997.Print Read More