31 Aug 2022

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Gun Control Act of 1968: Historical and Constitutional Background

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Academic level: College

Paper type: Research Paper

Words: 2114

Pages: 7

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The philosophy of gun ownership in the U.S. is considered to be in the top category in regular felonies majorly attributed to the ease of accessing guns in the country. Spitzer (2015) observed that o ver the past five years, mass shootings in the United States have increased massively thus raising the ever-thorny discussion of rights debate/ in the country. According to Weinberger, Hoyt, Lawrence, Levin, Henley, Alden and Hubbard (2015) g un control in the country is seen as a sacred symbol to the United States independence from the British. Gun violence is best denoted as the use of handguns with the intent of causing death or harm to a group of people or individual. It is no doubt that gun violence has resulted to death of numerous innocent individuals giving rise to national misfortunes and heartbreaks in the United States. Undoubtedly, gun control is essential and necessary. The paper looks into a comprehensive exploration on the constitutional and historical foundation of how the government relates to gun control policy, ways in which the policy is essential in ensuring checks and balances, the interrelationship between the public media and the policy as well as the resulting effect of the policy on United States voting pattern

Historical and Constitutional Background 

Guns for All 

During the 18th and early 19th century, it was normal for individuals to own and use guns without the regulations and restrictions of the government. Even children and women possessed guns with their main concern being security which was a widespread phenomenon. While those reading and interpreting the constitutions loosely argue that gun control goes against the constitutions, others reading and same and interpreting it strictly hold it that the issue of controlling guns in the country would prevent individuals from enjoying the 2nd Amendment’s right to bear and keep arms ( Spitzer 2015)

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According to Spitzer (2017) b esides protecting themselves, guns were used as a hunting tool; thus, the cultural aspect of owning a gun in the past emanated from the belief that security starts with an individual. Game hunting was a common feature and cultural practice within American society. The same is attributed to game hunting, a sacred practice for the selected few who understood benefits of hunting wild animals for their ornamental value and prestige within the society. As a consequence, Weinberger et al., (2015) affirmed that the practice of owning and using guns as personal security and hunting tools related to a large extent to numerous amendments in the constitution back during the revolutionary era. 

Guns for the Chosen Few 

Spitzer (2015) attested that o ver years in the past, constitutional changes had a major effect on gun control, a face that impacted on how the policy was handled and viewed. While numerous bills opposed the amendments, others vehemently supported it for their own reasons attributed to personal safety and as a hobby. For example, Vizzard (2015) pointed that in 2008, the country’s highest legal body, the Supreme Court, introduced a controversial motion that gave all Americans the fundamental right to protect themselves by owning firearms. Nonetheless, the new legislation saw to it that firearms were not to be granted to persons considered mentally challenged or those in places that can be described as sensitive. With the Supreme Court’s motions, licensing and ownership of guns changed considerably. Spitzer (2017) maintained that a lthough the law allowed only a few to own guns, the legislation gave a right to all American citizens to possess guns. Yamane (2017) argued that despite its controversial nature, the move triggered a much-debated topic that has seen the country divided for a long period of time with supporters of the motion arguing in line with the 2nd Amendment while those in opposition citing the moral and ethical effect of gun ownership in the country. 

Enhancing Check and Balances 

The Policy on Reduced Violence Cases 

In 1999 April 20th, two students waving semiautomatic handguns and shotguns gained entry into Columbine High School in Colorado and killed nearly 13 people (Kennedy 1999). They thereafter committed suicide. Prior to this horrifying incident, rarely were there mass shooting and casualties in the County of Jefferson. Many in the United States stood in utter shock. The thought of a young man gaining entry into a learning institution waving a shotgun and killing people randomly sent shockwaves all over the world. Immediately after the incident, people led by the media intensified its speed on unearthing shooting incidences in the country. Later in 2007, April, unknown gunmen opened fire in a theater hall and killed over 32 people. The incident marked one of the scariest shootings in the United States. A similar incident happened in Sandy Hook Elementary School, Connecticut that led to the death of six adults and 20 students (Ford & Payne 2015). In 2014, in Santa Barbara, beach town, the state of California faced a similar fate when a man drove into the local college and shot people in the streets killing six. In Umpqua Community College, a gunman opened fire and killed a professor and eight students (Jaschik, 2014). Among other similar incidents, such event shave dominated the news in the United States leaving citizens wondering when legislation will be passed to regulate gun ownership in the country. 

According to Spitzer (2015), t he central issue revolves around issuance and ownership of unlicensed firearms. A large number of people argue that to control and bring down the number of deaths attributed to gun violence in the country; the government is required to control issuance and licensing of guns. The country’s constitutions, 2nd Amendment states that “A well-regulated Militia. Being necessary to the security of the Free State, the right of the people to keep and bear Arms, shall not be infringed” (U.S. Const. Am. 2). 

It is no doubt that with effective gun control measures and strategies, checks and balances can be enhanced proficiently. In order to reduce gun related violence it is important to enact effective and relevant regulatory laws that aim at reducing gun licensing and gun use. For example, the government should be given powers to cancel unnecessary gun application licenses that may put the lives of others at risk. At the same time, check and balances that enable law enforcement agencies to search and confiscated licensed guns in the hands of unlicensed persons should be enacted. With strategic government implemented approaches such as strict licensing, violence can be effectively reduced in the country. Majority of gun-related deaths and injuries emanate from persons owning guns privately and or unlawfully. Vizzard (2015) postulated that many times, individuals possess firearms without adequate skills, knowledge, attitude, and insights on how effective firearms can be used or misused. 

A policy aimed at regulating and controlling gun ownership can be applied to reduced instances of gun-related misbehaviors or criminal activities (Yamane, 2017). It is evident that if handled by wrong persons, gun-related violence and illegalities can increase tenfold in the country as witnessed in the recent past ( Spitzer, 2015) . With guns in the wrong hands, increased instances of crime will no doubt increase significantly. At the same time, security will greatly be compromised as each person will consider their security as the most important aspect of their life despite measures and legislation put in place by the government on the same. Therefore with a gun control policy, it is possible to create a sense of security and equality among citizens without compromising on other aspects of the society such as security measures of each individual and the nation as a whole. 

The Relationship of Gun Control with Elections, Public Policy and the Media’s portrayal of the same 

Depiction as given by the Media 

The media is best in giving travesty and misleading information on gun-related cases such as violence, ownership, and legal controversies. According to Yamane (2017), reports attributed to the same are often blown out of context thus giving the public wrong impressions and implications of the same. Therefore, many a time, society has the wrong knowledge and impressions regarding gun use and ownership in addition to legislation regarding the same in accordance with the constitution. At the same time, the media often employs cheap and unorthodox strategies for collecting data for their reporting. With such social misgivings, it is challenging for such methodologies to handle and portray gun control and ownership issues effectively ( Spitzer, 2015) . As the only means by which the public gets information concerning national issues, it is unfortunate that the media continues dividing the country on a sensitive issue such as gun ownership. 

Public Policy, Elections, and Gun Control Policy 

The media has been at the forefront in highlighting the pros and cons of gun control policy, thus the need to formulate legislations relevant to the challenges of gun control particularly regarding national security. Thus it is within the national interest for an applicant to possess and own a gun for purposes of enhanced national security. On the other hand, decisions of such a nature are often highly disputed on by a significant number of the society thus having a considerable impact among many. For instance, according to Vizzard (2015) a large number of public and prominent figures within the society often and do carry guns as a strategy in which they boost on their security, a norm that has gradually become a national trend. At the same time, the threat of insecurity has often prompted many, especially influential members of the society to consider putting in place their own security measures as a way of safeguarding themselves from unfortunate events of violence or an attack from rivals. According to Mauser and Kopel (1992) violence related instances in some regions have also often raised the concern for many to consider having their own security measures such as having a firearm. Over the years, many political aspirants in addition to sitting legislators have taken the issue of gun control a major deciding factor in public debates and election pledges. Notably, it stands out as a public concern as it relates directly to public policy issues, elections, and concern. 

Impact of Gun Control Policy on Voting and National Elections 

Vizzard (2015) argued that gun control debates often raise thorny and sensitive moral aspects of American society in addition to raising the stance of the constitution on delicate social concerns. With the American public demanding for democratic and sound governance, philosophical concerns often raise heated debates among persons aspiring for elective positions in the American society especially on the moral and ethical aspect of gun control. Mauser and Kopel (1992) argues that many voters are often swayed by ideological concerns that relate to their socio-political and economic well-being. Within American society, many often consider gun control as a way of enhancing security thus a peaceful and homely society. At the same time, with the majority of applicants having their own security details, the topic of gun control often raise mixed feelings and ideological differences among the public and applicants in equal measure. Blackman (2011) noted that it not only improves the safety of the applicants, but also ensures that any form of violence targeting applicants is managed and neutralized. Thus, gun control as a direct relation to elections both as an ideological stance, ethical concern, and as a way of ensuring that applicants are safe from any act of hooliganism and threat of attack from opponents. 

Gun Control and election Insecurity 

According to Kwon and Baack (2005) controlling guns ownership has a direct impact on security status in American society. While those legally allowed to owning and carrying guns may misuse or mishandle them, persons using them illegally stand a chance of using them inappropriately. On the other hand, the complex situation thus has a direct impact on how legislation may affect the same in different aspects of society. For example, Kwon and Baack (2005) explicated that such instances in which those owning guns legally misused them were a common scenario during the revolutionary period. During the revolutionary era, a national concern, an issue that led many to own and acquire guns despite the fact that they were lacking in their technical know-how. From the period, gun control issues greatly contributed to elective issues. 

Conclusion 

It’s no doubt that the historical and constitutional dilemma of gun control has dominated major discussions within the American society for a long time. At the same time, it is critical for the government to have a distinct and common stand on the issue of gun control to help resolve the thorny issue regarding gun control policies in the United States. Ever since the revolutionary period, gun possession continues raising thorny and sensitive debates within American society. Debates and philosophical positions of the same have often aimed at professional strategies of granting gun ownership to those deserving. Such a policy should have reference to recent constitutional changes that have contributed to the current stand of things on gun ownership and acquisition. For example, any form of the amendment should address the illegibility of those aspiring to own guns. At the same time, such a policy needs to address any inconsistency on security and equality issues arising from gun ownership. The same should also have a logical bearing to national elections, public policy on social and political issues, in addition to the media. Of great importance, such a policy should bear national security particularly during elections and how they are handled nationally in accordance with the constitution. 

Reference 

Blackman. J. (2011). The Supreme Court's New Battlefield. Texas Law Review. 

Kwon. W. G. & Baack. D. (2005). The Effectiveness of Legislation Controlling Gun Usage. The American Journal of Economics and Sociology, Vol. 64, No. 2. 

Mauser. G. A. & Kopel. D. B. (1992). "Sorry, Wrong Number": Why Media Polls on Gun Control Are Often Unreliable. Political communication, Volume9, pp.69-92. 

Spitzer. R. J. (2017). Gun Law History in the United States and Second Amendment Rights. 

Spitzer, R. J. (2015).  Politics of gun control . Routledge. 

Vizzard. W. J. (2015). The Current and Future State of Gun Policy in The United States, 104 J. Crim. L. & Criminology 879. Retrieved from https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7541&context=jclc 

Yamane, D. (2017).  The sociology of U.S. gun culture . Sociology Compass, 11(7), e12497.  Retrieved from https://sci-hub.tw/10.1111/soc4.12497 

Weinberger, S. E., Hoyt, D. B., Lawrence, H. C., Levin, S., Henley, D. E., Alden, E. R., & Hubbard, W. C. (2015). Firearm-related injury and death in the United States: a call to action from 8 health professional organizations and the American Bar Association.  Annals of internal medicine 162 (7), 513-516. 

Kennedy, H. (1999). Columbine shootings leave 39 dead or injured in 1999. RetrievedNovember 20, 2015, from http://www.nydailynews.com/news/national/high-schoolbloodbathgun-toting-teens-kill-25-article-1.822951 

Ford, D., & Payne, E. (2015). Oregon shooting: Gunman dead at Umpqua Community College –Retrieved November 20, 2015, from http://www.cnn.com/2015/10/01/us/oregoncollege-shooting/ 

Jaschik, S. (2014). UC Santa Barbara students killed in shooting rampage. Retrieved April 23, 2016, from https://www.insidehighered.com/news/2014/05/27/uc-santa-barbara-studentskilled-shooting-rampage 

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StudyBounty. (2023, September 16). Gun Control Act of 1968: Historical and Constitutional Background .
https://studybounty.com/gun-control-act-of-1968-research-paper-historical-and-constitutional-background

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