A634.8.2.RB - Gun Control: What is the Answer?

The Second Amendment to the United States Constitution, ratified in December of 1791 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” (U.S. Const. amend. II).  Although parties from different sides of the debate have argued various interpretations of this constitutional amendment, the United States Supreme Court has upheld the right of an individual to keep and bear arms.  A 2008 Supreme Court case, District of Columbia vs. Heller, held 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-defense within the home" (as cited in Brooks, 2017, para. 14).  This controversy has heightened in recent years as high-profile mass murders and school shootings have occurred repeatedly.  

The question of how to reduce firearm related deaths is complex and multifaceted.  Those pushing for more gun control and further restrictions argue that fewer guns will lead to fewer deaths.  Firearms advocates argue that individuals have a right to own guns for sport, Self defense, and protection from a tyrannical government.  LaFollette (2007) indicated that “our choice is not merely to support or oppose gun control, but to decide who can own which guns, under what conditions” (p. 179).  

The Second Amendment protects the right of most people to own guns.  However, fugitives, people deemed a danger to society, and the mentally ill are excluded from exercising this right in the interest of public safety.  Additionally, people with prior felony convictions and those who have been found guilty of unlawfully possessing or using controlled substances under federal law within the last year cannot buy a gun (Schuster, 2020).  Moreover, certain classes of weapons, such as fully automatic firearms, are banned, and firearms cannot be carried in sensitive areas such as schools and many government buildings.  Prior to purchasing a firearm a buyer must submit to a background check according to the Brady Handgun Violence Prevention Act of 1993 (Schuster, 2020).  

It is challenging to get an accurate image of the impact of gun culture on American society.  A simple internet search results in a mass of contradicting information.  There are studies that indicate that violence is reduced when firearm ownership increases (Lott, 2000) and studies that indicate that violence increases with firearm ownership (Moore & Bergner, 2016).  I will not even attempt to get into the debate and rationale for why we should, or why we should not, be allowed to own firearms or certain types of firearms.

I fully support the individual’s right to keep and bear arms.  I believe that people who do not have a history that shows they may be a risk to society (fugitives, felons…) or have conditions that prevent them from behaving rationally (mentally ill) have a right to own firearms.  I believe that right extends to any firearm that is legal, including handguns, shotguns, rifles, and sporting rifles.  I agree that there are far too many gun deaths and that extensive work must be undertaken to reduce the amount of gun violence.  However, I do not believe that more laws or legal reform is needed.  Many new laws are misaimed and misdirected.  For example, just days after Canada’s recent mass killing, Prime Minister Justin Trudeau announced sweeping bans of some 1,500 types of firearms.  However, it has been acknowledged that the new legislation would have done nothing to prevent the recent shooting (Gunter, 2020).  A large number of crimes are committed with illegal firearms, or by people who, by law, cannot possess a weapon.  By definition criminals do not follow the law.  Additional gun laws will only harm law abiding citizens.  Current laws need to be enforced.  Many firearms are purchased illegally because local and state law enforcement agencies do not submit criminal records to the FBI for the background check database.  Additionally, the mental health system needs reform.  The system in our country is reactive, not proactive.  There are many people who purchase firearms that should not, but are not excluded because they have never done anything that would prohibit them from buying a gun.  They are essentially ticking timebombs.  

Much can be done to reduce and prevent gun violence.  Current laws should be enforced, the mental health system should be assessed, and studies should be conducted to determine why countries like Iceland and Switzerland, who have high firearm ownership and low levels of gun crime are successful.  Nevertheless, “ the right of the people to keep and bear Arms, shall not be infringed” (U.S. Const. amend. II) 

References

Brooks, C. (2017, June 28). The Second Amendment & the Right to Bear Arm. Retrieved from https://www.livescience.com/26485-second-amendment.html

Gunter, L. (2020, May 5). So much of Canada’s new gun ban doesn’t make sense. Retrieved from https://torontosun.com/opinion/columnists/gunter-so-much-of-canadas-new-gun-ban-doesnt-make-sense

LaFollette, H. (2007). The Practice Of Ethics. Malden, MA: Blackwell Publishing.

Lott, J.R. (2000). More Guns, Less Crime: Understanding Crime and Gun-Control Laws (2nd ed.). Chicago, Illinois: University Of Chicago Press.

Moore, M.D,. and Bergner, C.A. (2016). The Relationship between Firearm Ownership and Violent Crime. Retrieved from http://www.cjcj.org/uploads/cjcj/documents/jpj_firearm_ownership.pdf

Schuster, K. (2020, January 20). 8 facts about gun control in the US. Retrieved from https://www.dw.com/en/8-facts-about-gun-control-in-the-us/a-40816418

U.S. Const. amend. II.

USA Today Editorial Board.(2019, March 6). New gun control laws can save lives, but so can enforcing old gun control laws. Retrieved from https://www.usatoday.com/story/opinion/2019/03/06/enforce-existing-gun-control-laws-save-lives-editorials-debates/3065809002/