Effect of Gun Control Legislation on Criminal Activities - Assignment Example

 Effect of Gun Control Legislation on Criminal Activities Thesis Statement Research suggests that gun control legislation in the United States has little to no effect on lowering homicide rates, lessening gun related crimes or the number of illegal weapons. Introduction In a democracy, where the citizenry has diverse right, duties and obligations, the constitution of the United States stands out as a beacon amongst other democracies. The Second Amendment (America, 1791) to the constitution of the United States of America recognizes the right of its citizens to bear arms. This right was envisioned as essential inviting constitutional mandating by the framers of the constitution. The idea that you can control and to an extent control an individual’s constitutional right has been brought about by the continued challenging to this amendment to the constitution as a result of the incessant high rate of violence and crimes which the anti-gun proponents are attributing to the fact that anyone can legally acquire a gun and put it to criminal use (Morgan O. Reynolds, 1992). The anti-gun proponents advocate for gun control legislation that will lead to no citizen lawfully owning a gun. These questions arise:- 1. Does gun ownership translate into the owner committing gun assisted violent acts? 2. What if any is the relevance of illegal gun ownership to criminal acts? 3. Will gun control have an effect on illegal activities? Having looked at the gun control legislation, I noticed that there is not much research and information on the same. These questions touching on the wrongful association of gun control to criminal acts are what this thesis aims to address aiming to provide a fresh outlook on the relevance of gun ownership to criminal acts. The issue of gun ownership as relates to violent acts The Second Amendment at its inception envisioned America as a country of law abiding citizens who would always act in the best interest of the country. As time has passed, these values have been eroded and replaced by continued and widespread defunct violent acts. Proponents of anti-gun ownership posit that the availability of guns within the populous is worsening the situation because individuals in any stressful situation turn to wrongful gun use. (Don B. Kates, 1983) The legislation that is currently in place seems to curb gun ownership because of this assumption albeit a wrongful one because it is not legal gun ownership that is the problem, but illegal gun ownership. (Krouse, 2012) Guns are still finding their way into the population, and at this level, it is difficult if not impossible for the government of the day to keep track of who owns a firearm. (Investigation, Uniform Crime Reporting Hand Book, 2004) This situation is compounded by the fact that illegal gun ownership does not warrant knowing how to use the same and criminals are seen to use the firearm wrongly if not chaotically. (Lott, 1998) The most comprehensive study to date by (Rossi, 1981) stated as follows, “There appears to be no strong causal connections between private gun ownership and the crime rate.... There is no compelling evidence that private weaponry is an important cause of, or a deterrent to, violent criminality.... It is commonly hypothesized that much criminal violence, especially homicide, occurs simply because the means of lethal violence (firearms) are readily at hand, and thus, that much homicide would not occur were firearms generally less available. There is no persuasive evidence that supports this view.” (Rossi, 1981) Relevance of illegal gun ownership to criminal acts The problem of illegal gun ownership is widespread if not endemic. This is because the government is not able to keep track of the firearms that illegally make their way into the market and end up in the population. This is made worse by the legislation that is currently in place that makes it difficult if not impossible for an individual to lawfully acquire a firearm. (Krouse, 2012) The Supreme Court of the United States of America held in District of Columbia vs. Heller that, “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defence within the home.” (District of Columbia vs. Heller , 2008) This in effect reaffirmed an individual’s right to legally acquire and own a firearm. It is illegal gun ownership that leads to criminal activities. Continued study and research into gun control by organizations such as the Los Angeles Times, Gallup, and Peter Hart Research Associates, its use and relation to criminal activities has led organizations to come up with reports that posit that American who lawfully own guns use them in defensive and not illegal activities. (Press, 2013) President Obama after the Sandy Hook Elementary school tragedy stated as follows, “We won’t be able to stop every violent act, but if there is even one thing that we can do to prevent any of these events, we have a deep obligation, all of us, to try.” (House, 2013) Individuals who illegally bear arms do not use the same for lawful purposes. They engage in gun related activities that are marred in violence leading to a high rate of homicide and general criminal activities. (Krouse, 2012) Effect of gun control on illegal activities There have been many instances where violent shootings have occurred as a result of instances among which are gang related activities, underage children getting access to guns and crossing state lines while in possession of firearms. These instances of gun shootings from illegal gun ownership include the Aurora Co theatre, Minneappolis Sign Company, Oak Creek Sikh Temple, Atlanta Health Spa and the Omaha Westroads Mall. (Mark Follman, 2013) These instances go to show that illegal gun ownership at its most basic form leads to misuse by the owner because they have not been taught how to use the firearm, making them dangerous the society in which they live. (Investigation, FBI Uniform Crime Reports) Gun control envisages a scenario where there is no more violence and criminal activities in the country. It is a noble yet misplaced idea. This is because the legislation seeks to curb legal gun ownership while offering no solution at all to illegal gun ownership. Herein lies the problem. As soon as legislators realize that legal gun owners only defend and hunt with their guns and not commit criminal acts, the sooner the country will make a step in the right direction as far as curbing violence and criminal activities from gun use. Conclusion The Second Amendment at its inception and its rescent subsequent interpretation by the courts of law all recognize the right of an American citizen to legally acquire firarms. Research that has been conducted points to the conclusion that gun control will have little or no effect at lowering homicide rates, lessening gun related crimes or the number of illegal weapons. This is because illegal firearms are finding their way into the market through back channels while the government looks on helplessly as crime rates owing to the same spiral out of control. What the government needs to do is curb illegal gun ownership. References America, G. o. (1791, December 15). BEARING ARMS: SECOND AMENDMENT. Constitution of the United States of America . Philadelphia, Pennsylvania, United States of America: Government of the United States of America. Anonymous. (n.d). Colorado's dark night; America's gun laws. The Economist. Vol. 404, no. 8795 (Jul 28, 2012), p. 12 District of Columbia vs. Heller , 554 U.S. 570 (Supreme Court of the United States 2008). Don B. Kates, J. (1983). HANDGUN PROHIBITION AND THE ORIGINAL MEANING OF THE SECOND AMENDMENT. Michigan Law Review . Healy, J. (2013, February 6). Colorado Gun Control Proposals Face Fight. The New York Times. p. A14. Henigan, D. A. (2009). Lethal Logic: Exploding the Myths that Paralyze American Gun Policy. Potomac Books. House, T. W. (2013). Now is the time: The President’s plan to protect our children and our communities by reducing gun violence. Washington: The White House. Investigation, F. B. (2004). Uniform Crime Reporting Hand Book. Clarksburg: U.S. Department of Justice. Investigation, F. B. (n.d.). FBI Uniform Crime Reports. Retrieved March 14, 2013, from Investigative Reporters and Editors: http://www.ire.org/nicar/database-library/databases/fbi-uniform-crime-reports/ Krouse, W. J. (2012). Gun Control Legislation. Washington: Congress. Lapierre, W. (1995). Guns, Crime and Freedom. United States of America: HarperPerennial Liptak, A. (2008, June 29). Gun Laws and Crime: A Complex Relationship. The New York Times. p. 1. Lott, J. R. (2010). More guns, less crime: understanding crime and gun-control laws 3rd ed. The University of Chicago Press. Lott, M. (1998). More Guns, Less Crime: Understanding Crime and Gun Control Laws. Chicago: University of Chicago Press. Mark Follman, G. A. (2013, February 27). A Guide to Mass Shootings in America. Retrieved March 17, 2013, from Mother Jones: http://www.motherjones.com/politics/2012/07/mass-shootings-map?page=2 Morgan O. Reynolds, W. C. (1992). Myths about Gun Control. Texas: National Centre for Policy Analysis. Obama tries to undercut NRA in gun control debate (2013). Fox News. Retrieved from http://www.foxnews.com/politics/2013/02/04/obama-to-appeal-to-public-law-enforcement-for- support-on-new-gun-control-laws/ Press, T. P. (2013). Gun Rights Proponents More Politically Active. Washington: www.peoplepress.org. Rogers, A. (2012). A history of Gun Control Laws Shows US citizens Don’t Have An Absolute Right To Bear Arms. Business Insider. Retrieved from http://www.businessinsider.com/united- states-history-of-gun-control-2012-12 Rossi, P. J. (1981). NATIONAL INSTITUTE OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, WEAPONS, CRIME AND VIOLENCE IN AMERICA. Boston, Massachusetts: Social and Demographic Research Institute of the University of Massachusetts. Spitzer, R. J. (2011). The Politics of Gun control, 5th ed. Paradigm Publishers. Whitney, C. R. (2012). Living with guns: a liberal's case for the Second Amendment. Public Affairs. Read More