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Gun Control: Right to Handgun Ownership - Research Paper Example

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This research will begin with the statement that the issue of gun control in America has always been, and continues to be, a very controversial topic and the subject of ongoing debates, such as whether or not gun control laws reduce gun violence…
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Gun Control: Right to Handgun Ownership
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Download file to see previous pages It is evidently clear from the discussion that the culture and trend in the United States is in support of the Second Amendment and is against the imposition of new laws or regulations regarding gun ownership or use; and, although more research is needed, a growing body of literature which finds that gun control laws do not have a significant effect on reducing rates of gun violence and/or death. In a landmark decision, the Supreme Court recently ruled that the right to gun ownership granted by the Second Amendment is a federal law and should be protected from state and local laws and regulations. Furthermore, according to a good deal of existing research, a combination of socioeconomic factors, not gun control, appear to affect rates of gun violence and/or death, which continue to increase in the United States despite laws or regulations regarding gun ownership and use. In 2008, the Supreme Court heard a case challenging the District of Columbia's gun registration process which basically prevented the registration of handguns, and thereby their ownership. In a landmark five to four ruling, the Court confirmed that the Second Amendment protects the individual right to own a firearm for personal use and not only for “militia” related use. For the first time in United States history, the Supreme Court found that an individual has a constitutional right to keep a loaded firearm in the home for the purpose of self-defense; however, this decision only applied to federal laws, not state or local laws regulating gun ownership. Therefore, the ruling began a wave of litigation throughout the country regarding whether the Second Amendment protected the right of gun ownership from state and local law and regulations. In another five to four decision in 2010, the Supreme Court confirmed that state and local governments cannot interfere with Americans’ Second Amendment right to bear arms because it is protected by the Due Process Clause of the Fourteenth Amendment. This case was brought by a gun advocacy group, on behalf of a group of Chicago citizens, in order to challenge broad and unreasonable regulations regarding gun ownership in the city of Chicago. The Court's decision is basically an extension of the Heller decision which, for the first time, found that gun ownership for reasons other than military service, including self-defense of an individual in the home, is a fundamental right. ...Download file to see next pagesRead More
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