We live in a society inhibited by a diverse array of people; a large portion contriving to commit unethical and inhumane crimes. Every 13 seconds, a firearm is produced to distribute to more than half the homes in the United States. Every 3 hours, a teenager deliberately takes their own life; and at least 10 children are killed everyday at the hands of guns. Throughout time, Guns have vastly evolved. What first was a preponderant asset to the safety of civilians against the British during the American Revolution became a method to murder. As guns became more accessible, civilians became more exposed to excessive amounts of violence in their everyday lives. A new conflict arises: Should the state mandate guns through new legislation or allow civilians to purchase weapons at their own discretion.
A prime example of how guns are a detriment to society is the Washington D.C sniper shootings during the fall of 2002. The entire nation followed the series of murders committed at the hands of two snipers, John Allen Muhammad and John Lee Malvo. The 10 people that died and three that were wounded became merely a statistic of society, forgotten by society to new victims in the news. (Valdez, 2003) The Washington D.C case introduced a new proposal: the launch of a new national electronic database of “ballistic fingerprints” that would allow the government and police force to identify specific guns through manufacturing test firing records being recorded and released. (Valdez, 2003) An ATF report stated, “Numerous violent crimes involving firearms have been solved through use of the system, many of which would not have been solved without it.” .(Valdez, 2003)
The Bill of Rights, advocated and developed under James Madison, became the cornerstone for citizen’s rights. It specified the rights of each citizen, and limited government intervention on them. The second amendment states: “well-regulated militia as “being necessary to the security of a Free State,” and prohibits infringement of “the right of the people to keep and bear arms.”In order to provide protection to civilians living in the United States, the founding fathers added the second amendment based on necessity, the necessity for protection against the British. Citizens didn’t have ample food supply, protection, or a stable environment to live in. They relied on self-defense for their protection. Opponents of gun control continue to argue their constitutional right to own guns. Supporters of gun control argue that violence perpetuates with the increase demand of guns.
The government places regulations on the certain types of guns that civilians are allowed to have, such as barring military weapons. (Valdez, 2003) These military weapons include: machine guns, assault weapons, and devices that would be a detriment to the welfare of society. The government places limitations on specific groups from owning weapons. These groups include children, felons, and people with limited mental capacity. Through this, the law requires background checks on the sales of firearms and manufactures “to imprint each firearm with a serial number.” (Valdez, 2003)
During Marbury vs. Madison, John Marshall developed “judicial review.” This allowed the constitution to be interpreted by the Supreme Court, and for courts to set precedents through case law. The main conflict is interpreting specifically what the founding fathers meant.
In United States v. Miller, the first Supreme Court case dealing with federal regulation of civilian firearms, The Supreme Court ruled: “the obvious purpose of the second amendment was to assure the continuation and render possible the effectiveness” of state militias.” (Valdez, 2003) In the loose interpretation of the ruling, “the court approved the restrictions of the right to bear arms only if the weapon had no connection to military or militia use.” (Valdez, 2003)
Another prominent case that pertains to gun-control is United States v. Emerson, a case regarding the legal capacity to possess a firearm while under a restraining order. The appeals court’s of 2001 “rejected the pro-gun control” opinion in United States v. Miller, viewing the right to bear arms as a collective right based solely on the capability to maintain a militia. The decision in United States v. Emerson stated, “The Second Amendment, like the rest of the Bill of Rights, was written with the intention of protecting that right for all citizens, whether they belong to a militia or not.” (Valdez, 2003) The case set a precedent through a limitation of gun control ownership. “Felons, infants, and those of unsound min,” were unconstitutional. (Valdez, 2003) This shows that gun ownership is not an absolute right, but a right bestowed to law abiding citizens competent in their actions.
In the United States, over 25,000 citizens die each year from gunshot wounds. In 1998, 10 children and teenagers were killed everyday. (Valdez, 2003) In certain regions of the United States, background checks are rare to purchase weapons. Neglect is a growing problem to the conflict. “Murder, forcible rape, robbery, aggravated assault, burglary, and theft increased from 2001 by 2.1 percent .”
The Brady Act, amended in 1993, required a five-day waiting period on handgun sales by licensed dealers and manufacturers. “The waiting period allows state and local law enforcement officials to investigate the criminal records of the purchaser before the gun is sold. On November of 1998, the national instant-check system for all firearms sales replaced the Brady Act.” (Valdez, 2003)
The United States government has limited intervention in the conflict of gun-control. The ATF, also known as the Bureau of Alcohol, Tobacco, and Firearms oversees laws that are currently in effect. They are responsible for enforcing the federal laws established through legislation pertaining to firearms, tobacco, alcohol, explosives, and arson.
Although it is impossible to completely solve the conflict, government intervention to limit the accessibility of guns available to criminals would be greatly beneficial. The demand is high for guns, but there should still be a limitation on how many guns are produced. A stricter policy should be established to limit the possession of handguns. Civilians should only be allowed a specific number of both handguns and automatic guns. The government should put restrictions on the type of guns produced and the quality of the products, forcing companies to produce a safer product.
As times change, civilians are exposed to more violence each year. Guns are responsible for the death of millions of victims, merely living their lives. Although legislation has past for the better, the government is far from solving the problem.
Citations
Aitkens, Maggi (1992). Should We have Gun Control?. Minneapolis: Lerner Publication Company.Valdez, Angela (2003). CounterPoint Gun Control. Philadelphia: ChelseaHouse Publishers.
