The Argument Gun Laws - Coursework Example

September 8, Essay#3: The Argument – Gun Laws Introduction The issue between gun control or gun ban in the UnitedStates continues to be debatable given that various states present disparate views regarding this issue. The main reason for the controversy apparently stems from the Second Amendment, which reportedly 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” (Legal Information Institute par. 1). There apparently stems confusion regarding individuals’ rights versus collective rights in terms of possessing guns, in general. In this regard, one agrues that there is a need to revise the statements contained in the Second Amendment in order to clarify the specific rights of individuals and of the legislative bodies in terms of imposing more effective gun laws that would prevent irresponsible deaths and dangers guns pose to society. Evidence Statistics on the number of deaths associated with the use of guns in the United States have revealed that there are indeed increasing numbers, from 31,347 in 2009 up to 32,163 in 2011 (Hoyert and Xu), as shown in the chart below. As such, the trend indicates that the current laws and legislations pertaining to gun control are not effective. Source: Alpers and Wilson In addition, Matthews reported that there have been laxity and preposterous implementation of gun laws in different states, as noted: (1) concealed carry at 16 with no permit in four states: Alaska, Arizona, Wyoming and Vermont; (2) “17 states, including Oklahoma and Florida, bar employers from preventing their employees from bringing guns to work and keeping them locked in their vehicles” (Matthews par. 4); (3) 34 states were noted to have explicit license to use their guns when threatened in public; (4) “thirty-five states allow open carry of handguns without a permit, while only three (plus the District of Columbia) ban it outright. Forty-seven states plus the District allow open carry of long guns (that is, rifles or shotguns) in public, while only three ban it” (Matthews par. 8); (5) no minimun age was expressly stipulated with regards to possessing shotguns, where it was alleged that “in 22 states it is perfectly legal for an 8-year-old to pick up a handgun at a gun show, though he cannot legally possess it. In 20 states that 8 year old can both legally buy a shotgun and possess it” (Matthews par. 11); (6) apparently laxity in enforcing the law on carrying guns in school (Matthews). Concurrently, as explained, there were alleged inclusion of debatable terms within the Second Amendment that causes different interpretations and reportedly leads to chaotic applications. The comprehensive explanation to the alleged controversial nature of the arguments are cited herewith: “the Amendments phrase "the right of the people to keep and bear Arms" creates an individual constitutional right for citizens of the United States. Under this "individual right theory," the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. On the other hand, some scholars point to the prefatory language "a well regulated Militia" to argue that the Framers intended only to restrict Congress from legislating away a states right to self-defense. Scholars have come to call this theory "the collective rights theory." A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right” (Legal Information Institute par. 1) Appeals According to the firearm law, each state enforces their own gun law that apparently contributes to the chaotic implementation (Alpers and Wilson). A published online article provides the different positions of the states on gun control legislation (Where each state stands on gun-control legislation). There were appeals from the officers and members of the National Rifle Association (NRA) who would likely be most affected when gun controls or gun ban would be instituted (Becker). Opposing Points of Views From the article written by Becker, it was asserted by people who openly oppose gun controls or gun ban that “decreasing violent crime and gun homicide rates suggest it would be misguided to blame guns themselves for the highly visible, but rare cases of mass public shootings carried out by psychologically unstable individuals in the past year. The United States, after all, has an uneven record of mass public killings over the previous century” (Becker par. 4). Likewise, others asserted that controlling or banning purchase, possession, and use of guns are gross violations of the Second Amendment and would gravely jeopardize the citizen’s ability to protect them in the face of imminent danger. On the contrary, groups and advocates for gun control and even banning high powered assault weapons clearly assert that if there are stringent control measures that limit the purchase, possession and use of firearms, there would be lesser instances that require people to protect themselves from these weapons. As emphasized, “as more private individuals acquire guns, the power of the police declines, personal security becomes more a matter of self-help, and the unarmed have an increasing incentive to get guns, until everyone is armed. When most citizens then have the ability to kill anyone in their vicinity in an instant, everyone is less secure than they would be if no one had guns other than the members of a democratically accountable police force” (McMahan par. 9). Recommendation and Conclusion The debate apparently continues because as America has been known to be the land the proposed freedom of expression and the right to be heard, various perspectives, points of views and arguments regarding their beliefs and contentions on gun control or gun ban need to be considered. As originally proposed, there are apparently flaws in the Second Amendment statement which rationalize the confusion and continued debate on this issue. The facts have clearly indicated that current gun laws that provided different states with the authority and the license to dictate their respective laws on whether to issue stricter controls or be more liberal on the gun laws and legislations have led to increasing numbers of deaths due to firearms. What is most distressing is the fact that victims include children, who could not defend themselves from these weapons. Given the arguments, one hereby recommends that the Second Amendment be reviewed and restated to clearly stipulate only the authorized citizens who should clearly and justifiably purchase, possess and be licensed to use explicitly identified firearms. Likewise, the federal government must assume control on legislations that clearly provide laws on gun control or gun ban: which particular weapons should not be purchased by individual citizens, the age group that are only allowed to purchase and possess identified firearms, and the professions that justify possess and licensed use of these weapons. Only when this is clearly and explicitly revised would gun laws and legislations ensure that only those citizens who are truly licensed to possess these weapons must be duly accorded with the right to possess and use them. All the rest of the citizens must contend with the fact that current liberal laws on gun control (if any) have not worked effectively to protect the citizen’s lives, especially the lives of children who haplessly died in vain, in the hands of irresponsible gun owners and users. Works Cited Alpers, Philip and Marcus Wilson. "Guns in the United States: Facts, Figures and Firearm Law." 2013. Sydney School of Public Health, The University of Sydney. 22 March 2013 . Becker, Kyle. "Senate Gun Control: CBS Contrasts Gabby Giffords & NRA Head LaPierres Testimonies." 31 January 2013. Independent Journal Review. 22 March 2013 . Hoyert, Donna L. and Jiaquan Xu. "Deaths: Preliminary Data for 2011 - Selected Causes." National Vital Statistics Reports (NVSS) (2012): Vol 61, No. 6, 40-42. Legal Information Institute. "Second Amendment." n.d. Cornell University Law School. 22 March 2013 . Matthews, Dylan. "The 6 craziest state gun laws." 16 December 2012. The Washington Post. 22 March 2013 . McMahan, Jeff. "Why Gun ‘Control’ Is Not Enough." 19 December 2012. The New York Times. 22 March 2013 . "Where each state stands on gun-control legislation." 14 January 2013. USA Today. 22 March 2013 . Read More