Gun Control
A very serious issue in the United States today is the subject of gun control. There is a debate between those who feel that the right to safety is impeded by lenient gun control laws, and those that believe the right to own guns is protected in the constitution. Both views are valid, as both are supported by the constitution. The Second Amendment states, “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.” Both sides of the debate respect the right to own guns. Many feel that gun ownership should be permitted strictly for the purpose of, if necessary, forming a militia. Those on the other side of the debate feel that this amendment’s ambiguous wording meant to allow gun ownership with relatively little regulation. The two sides of this argument spawn from a difference of interpretation, and this difference is what leads to polar views on the matter.
Harsher gun control laws will decrease the number of gun related accidents (1). This is the foundation of the argument of those in favor of stricter gun laws, and it is a valid one. Most of the people with this viewpoint have no problem with private gun ownership. Generally, objections occur in response to concealed weapons, assault weapons, and with how easy it is to obtain a gun. It is believed that guns are protected in the constitution strictly for the purposes of overthrowing the government if needed, and for self-protection. However, many studies that have been conducted indicate that weapons aren’t being used for the reasons defined in the constitution. An FBI crime report stated that out of the 30,000 gun-related deaths in the US in 2004, only 229 were justifiable homicides by private citizens with firearms (1). This means that the vast majority of these shootings were conducted under illegal circumstances. Obtaining a firearm is a fairly simple procedure (6). In 1990, the Brady Bill was passed. This required a background check for each person purchasing a firearm. It also required a seven-day waiting period before a gun purchase, to allow a cool off period for those purchasing a firearm for illegal purposes (2). This waiting period was later declared unconstitutional, and is now left up to the states. These safety measures do prevent many criminals from purchasing firearms, but many people who aren’t already listed as criminals can misuse firearms just as easily. The problem, simply put, is that there are guns getting into the hands of criminals through illegal trafficking, and many of the people able to purchase guns are incapable of using them responsibly, as shown by numerous studies. From this viewpoint, it is necessary to pass more stringent gun laws to protect the innocent from the misuse of firearms.
Strict gun laws violate the second amendment, depending on interpretation, and prohibit Americans from protecting themselves properly. This foundation for the argument against strict gun laws is justified and supported. Most people with this school of thought feel that the ability to form an effective militia is slowly deteriorating as more gun laws are passed. Also, as stricter gun laws are passed, individuals are losing the ability to protect themselves effectively. Waiting periods and background checks prevent immediate protection, and only harm those who follow the rules. Criminals illegally obtain guns now, and there is no guarantee that more gun laws will keep them from obtaining guns in the future. Many feel that if the existing laws were enforced more effectively, guns would not be as much of a hazard and there would be no need more laws. Since 1993, the US government has spent over 300 million dollars on the National Instant Check System, and there are still many malfunctions in this system (3). If the laws currently in place were correctly implemented, there would not be a major problem with gun safety. It’s just a matter of inefficiency. Another key issue is the protection of citizens against the government. Even if guns lead to unnecessary deaths, they protect the American population from a possible tyrannical government. One of the first actions of Hitler was to seize the guns of the civilians (5). This prevented any real resistance from the population. This viewpoint is straightforward; strict gun laws simply restrict the rights of American citizens.
The two major sides of this debate agree on many key issues. Both sides are seeking protection of the innocent and safety of the overall population. However, the conflict arises when attempting to determine the best way to achieve a safer nation. For the issue of gun control, there isn’t an all or none answer. There are hundreds of laws relating to this subject, and each on requires individual consideration. The only way to devise a reasonable solution is to determine which values are the most important. Is money more important than safety? Is protection from a tyrannical government more important than the safety of the general population? For each issue, a balance must be found between safety, individual rights, personal freedoms, monetary implications, and a multitude of other factors. For each facet of gun control, the solution must benefit the general population. The resolutions need to lead to a safer nation without completely sacrificing individual protection.
Guns are designed to be dangerous weapons. Regardless of whether a gun is used by a soldier, a hunter, a police officer, a criminal, or a storeowner, they are designed for the same purpose, to inflict harm. The owner of a gun is responsible for determining the manner in which the gun is used. A police officer with a gun is much different than a criminal with a gun. Gun safety ultimately lies in the hands of the owner. Unfortunately, there is no way to accurately determine how responsible a gun owner will be. An irresponsible parent could easily leave a firearm within reach of a child. An inept owner could accidentally shoot an innocent bystander. In 2001, there were 802 accidental firearm fatalities (1). For this reason, numerous people believe that added firearm safety features would improve the welfare of the general population. On the other hand, the opposition feels that responsibility belongs to the gun owner. They believe that it is a parent’s responsibility to teach a child proper safety habits. Many safety features, such as external trigger locks, render the firearm useless if needed for immediate protection. Also, the number of accidental deaths is relatively low number when compared to other causes of death. For instance, more people die each year from drowning than from firearm accidents. More safety measures would make firearms more expensive as well. The issues at hand are safety, protection, and cost. In 2006, only 154 firearm fatalities by private citizens were substantiated legally (1). This amount is far superseded by accidental deaths. As a result, it appears to be most logical to require additional safety measures. This would be in the same realm as requiring seat belts or childproof medicine lids. They are all a little irritating, but they create a safer environment. Features such as internal trigger locks often prevent firearms from accidental misfires. Gun maker Smith and Wesson decided to include these trigger locks on all handguns. This is a reasonable safety measure that protects many people, allows the firearm to function adequately, and is inexpensive.
Under current legal standards, gun owners do not have to register weapons in most states. Changing this would greatly improve law enforcement’s ability to monitor illegal firearm trafficking. Between one and three million firearms are thought to exchange hands in the secondary market each year without any regulation (1). If each firearm was registered, the government could keep track of each weapon, as well as monitor trends in illegal gun trafficking. Those in support of firearm registration hope to keep guns away from criminals. They also claim that responsible gun owners have nothing to worry about, as gun registration would only be used against criminals. Those against gun registration claim that it would violate individual rights. Under this policy, a certain group of people, gun owners, would be targeted. However, this requirement would prevent numerous criminals from obtaining weapons. In Great Britain, very strict gun laws are in place. In 2004, only 74 homicides where firearms were involved took place in England and Wales combined. In the United States, there were 11,344 (1). Based on this study, it would be justified to require gun registration. Gun registration would be inconvenient and infringe upon the privacy of gun owners. However, it would limit gun trafficking to criminals and create a safer country.
In 1994, semiautomatic weapons were banned in the United States. Before this ban, semiautomatic weapons accounted for 4.82% of all firearms linked to crime. After the ban, only 1.61% of guns linked to crime were semiautomatic weapons, a 66% drop. However, this ban was not renewed in 2004 (1). Many believe the ban should be renewed strictly based on the uses of a semiautomatic weapon. They aren’t used for hunting, and they aren’t very practical for personal protection because of their size. The only conceivable function would be military engagement. The opposition claims that semiautomatic weapons would be vital if a militia was ever needed. Also, it could be the first step to total gun restriction by the government. Safety and protection from a tyrannical government are both considerations when determining the solution to this issue. It seems reasonable and necessary that these weapons should be banned. Based on the decrease in the number of semiautomatic weapons linked to crime, outlawing these weapons would be justifiable. They are only useful in a violent nature, and regardless how many semiautomatic weapons a militia possesses, they will most likely be defeated by the US military.
Current Supreme Court rulings allow for little gun restriction. Both sides of the debate agree that the Supreme Court should have final say on the matter. It is true that if guns were less accessible, school shootings, suicides from firearms, criminal actions involving guns, and accidental deaths would occur less frequently. Many also feel that the constitution is outdated in regards to firearms. They feel that the Constitution was written in a much different time, and there is no need for a militia in this modern age. However, because of past Supreme Court rulings, these arguments are null. Those against firearm restrictions believe that values should be taught so that people can be responsible with weapons, rather than to restrict the weapons themselves. Regardless, this debate cannot, at the moment, be easily solved or summarized. It is multi-faceted, and until the Supreme Court clearly defines the second amendment, no real consensus will be reached. The Supreme Court is currently ruling on the legality of Washington, D.C. banning handguns from the city. The decision will serve as a precedent for many similar cases. In hearing this case, the Court will be forced to interpret the Second Amendment. The ruling should to be made by the end of June 2008. After a resolution is made, there will be some basis for the gun law debate.