23 Aug 2022

82

The Second Amendment: Your Right to Bear Arms

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Academic level: College

Paper type: Research Paper

Words: 2234

Pages: 8

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From many incidences of shooting and loss of human lives, there have been varied opinions from activists, lawmakers, and human rights organizations on whether some changes should be made on the gun control legislation or not. The genesis of gun control legislation can be dated back to 1791 when the Second amendment of the Us constitution provided that a well-regulated militia, being necessary to the security of a free state, have the fundamental rights to keep and bear firearms and this right should not be infringed (Ziff, 2014). 

In 1981, an attempt was reported that aimed at assassinating Ronald Reagan, the American president and four people were injured. In 1993 November, the Congress decided to pass the Brady Bill commonly known as Brady Handgun Violence Prevention Act to restrict the access to guns by establishing the right people who should own guns and ensure those legally prohibited from possessing firearms do not find a way to have them. From 1994 to 2018, there have been propositions to ban the assault weapons or tighten laws on ownership, but the Congress and other critics have been continuously declining with the claim that it will not reduce the rate of crimes (Ziff, 2014). 

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Gun ownership has more negative implications that the positive ones. One of the major social problems is an increased level of criminal activities and violence, especially among the youths. Guns that were ideally, meant for protection from the ancient history are turning out to be a death trap in the contemporary world. Proper uses of guns have relied on common sense and humanity. This assumption has cost more lives because cases of murder have not reduced in the recent years, in fact, most gun owners have been turned into criminals for actions the states could have control over. It, therefore, narrows down to the idea that laws are flexed, and some people are not doing their rightful jobs (Foderaro & Hussey, 2018). It is clear that gun legislation should be re-amended and gun ownership should be restricted to save the current and the future generation from more deaths. The world does not need to lose uncountable numbers every year for an action to be taken. This essay, therefore, seeks to focus the effects gun ownership has caused the world and why strict gun measures are the best option to ensure more innocent people do not continue paying the price with their lives and the lives of their loved ones. 

According to the BBC report, by 3rd December 2015, there have been recorded a total of 353 mass shootings in the USA: 62 of them at schools, 12223 people killed and a total of 24, 722 people injured. Further details reveal that majority of the gun-related deaths occur silently in many other unreported incidences annually. In 2012, the former president Obama in reaction to the rising crime level claimed that other countries like Australia and Britain had crafted laws that almost eliminate mass shooting suggesting that America should also take the same course of action. According to Fodero and Hussey (2018), the rampage at Sandy Hook Elementary School in Newtown that left 20 children and six educators killed in 2012 was one of the incidents that initiated the drafting of harshest gun measures in the USA. Some of the changes included: expanding the ban on the sale of an assault weapon and a requirement in the registration of existing assault rifles and higher capacity magazines. A background check for all firearms sellers was also made mandatory. However, according to Fodero and Hussey (2018), these policies were political propaganda that brought more confusion. 

In July 2015, a conference was held in the Capital Hill to prevent gun violence by the expansion of background checks. It was proposed that persons selling firearms have the mandate to conduct background checks of individuals before selling the guns to them. However, the former US presidential aspirant, Hillary Clinton criticized the Congress claiming it has failed in coming up with better gun control measures. This method of control is prone to errors as records easily get misplaced or are neglected. 

After the 14 the February 2018 mass school shooting incident in Florida killing 17 students and adults with at least 14 injured, the Congress was blamed for being responsible for the incident. More anti-gun campaigners led by Michael Bloomberg rose up to condemn the act. However, The National Rifle Association remained silent then later gave an uncalled for response claiming that withdrawal of guns from individuals would cause more massacres. The National Resistance President further reinforced the idea of arming trained teachers but gave an opinion that modest gun control measures should be put in place. This statement appeared ironic and more critics and anti-gun groups did not stop passing the message of opposing a bill allowing the presence of guns in school (Spitzer, 2018). 

Demonstrations were noticed in Tallahassee composing songs and carrying signs with messages of reforming the gun laws. The president of the US, Donald Trump, blamed the Democrats for failing to pass the gun control legislation when they had the majority of numbers in both the Senate and the House during the reign of President Obama. He accuses the former president of mere talk and little action. Being in the same position currently, the least he could do is pass blames and start addressing the issue as an emergency by acting neutral and pinning down the Congress for reforms. The Senate majority whip John Cornyn proposed to the Senate a background check bill, but it has not made any progress in the Senate since the majority of Democrats were still arguing that to change the situation there is no need to interfere with gun ownership. According to John Cornyn, he is not willing to see another mass killing shooting that that can otherwise be prevented by thorough background checks (Spitzer, 2018). 

Gun owners have the fear that gun strict gun control measures will make them lose their rights of ownership since it would appear as an indirect illegalization of ownership of the guns and they will be unsafe. They regard this as an illegal move that not only violates the second amendment of the US constitution, but it also degrades the real values that America was found on. Gun owners feel people are so quick to turn the blame on them in cases of gun homicides. Research shows that the United States’ population is split between pro-gun ownership and anti-gun ownership supporters with many claiming that these divisions have influenced their presidential voting patterns for a longer time. Citing from Chris Wallace speech in a TV interview, Spitzer (2008) mentions that after the Parklands incidents, it is claimed that Democrats were trying to use innocent pupils to campaign for ways to take away guns from owners. Citing from a survey conducted in 2013 by Pew Research Centre Some gun owners believe that stricter gun laws would give the government more power over the citizens and there will be more incidences of dictatorship and manipulations from senior officials (Spitzer, 2018) 

Some lawmakers associate homicides from gun ownership as a mental health problem where they say the mentally challenged people are the key perpetrators of gun-related murder. After the Florida, high school massacre, the president of the US urged for more improvement in addressing mental health. In his speech, he did not mention any particular efforts being made about gun laws. The house speaker of the house, Paul Ryan also reiterated the president's idea about reforming the mental health system and cautioned people against jumping to conclusions without facts. He further mentions that lawmakers have a duty of analyzing the loophole that may have allowed mentally ill patients to own guns. (Spitzer, 2018) 

Some individuals argue that guns are not the sole contributors to murder as it is concluded by the majority of the people. Other factors contributing to mass killing include poverty, urbanization, and drug usage. Therefore, according to this argument the United States needs to focus on addressing these issues. For as long as they exist mass killings will always take place with or without gun policies in place. This opinion has been heard in most conservative media houses. According to them, the real crisis is on the disintegration of the Christian and family values that are associated with the breakdown of the American social structure. They are actively advocating for the restoration of the American culture that will embrace the dignity of life as a way to end the homicides. On the contrary, the surviving kids of the Parklands homicide refuse to believe this notion of blaming it on the culture makeup. According to them, Parklands, for instance, is a town with a clean record of strong values. They emphasize that the cause is the lousy gun laws that have no restriction on the supply of dangerous weapons within the same society. Their administration emphasizes that someone being paid by the National Rifle Association (NRA) to spread such propaganda. 

Gun ownership is a powerful identity and is proven to affect the attitude of the owner making them have a feeling of autonomy. Owning weapons is a determinant of how dangerous a person is. It is also argued, a child who has grown in a surrounding where guns are present will always perceive them as a something normal and are prone to making mistakes with them. Besides, the fear of gun ownership will have an effect of creating more need for guns in the society, and the cycle would repeat itself over and over again. Some Anti-gun control individuals are fighting to take off these by trying to maintain the culture and the national identity as well as building a society that values equality social unity and civilization. Citing from Kahan and Braman‘s plea, lawmakers and advocates of the gun debate should have a cultural and social mindset and shift focus from gun control laws and start promoting and conserving the values of the society. 

More anti-gun legislation advocates argue that laws have been made since time immemorial after every incidence of shooting, but that has not stopped the same incidences from happening in America. This, therefore, means gun laws have proved they are never easy to build. It has also proved to have an effect of polarizing the entire nation into two rival sides. However much the Congress and the Senate keep drafting more bills on gun ownership and tightening laws, people are not guaranteed of a safe environment as long as individuals keep moving around with guns. The parkland incident was a direct proof that people can also become victims when exercising their rights. Policymakers need to take a different approach this time around and focus on other areas apart from forming more policies and laws that have proved to be ineffective (Charles, 2018). 

The New York law required handgun owners in the state to register their guns with the state. By January 31st more than 370, 000 people had already registered their guns. The New York is working towards establishing a clear record of gun owners which has not been practiced in most American states except California in 2007. The aim of the registration policy is to ensure that the people who are not legible to owning guns lose their gun ownership and to further prevent guns from sneaking into the hands of criminals. Failure of gun registration by January 31 leads to a criminal accusation. However, this registration policy raised a lot of concern and confusion among New York citizens with critics questioning the need for registration if the details were earlier recorded in the database since 2013. According to most of them, the state is trying to turn them into criminals, and the system has been known to be expensive but would yield less positive result on gun-related murder. Some continue to argue that the system is slow as it was proved in California and therefore it was a wrong move to address the mass shootings that are being witnessed across the country. Since the law is still new, effects are yet to be noticed, and supporters of the gun legislation are hopeful for a better change. 

Currently, a bill on extreme risk protection order is being considered in the New York. The law would seek to give authority to people to prohibit persons who could potentially cause harm from purchasing or attempting to buy or possession of a rifle or guns. This legislation has been passed by some states like Oregon, Washington, and California. New York is expected to pass the same law this year. (Yuill & Street, 2018) 

Many states including New York are in the dilemma of providing safety to its citizens, preserving their rights and at the same time trying to keep guns in the right hands to prevent more gun-related murder. Gun laws began 24 years ago, and there has been a continuous revolution ever since with the aim of preserving safety in the world. More changes are anticipated in the coming years to restrict ownership of guns. There have been proposals to create smarter guns by the Washington Cease Fire group and The Smart tech challenges foundations. These guns will be designed with biometrics, Sensors, and technology for identification to ensure the owners are the only ones who use guns and guns do not fall into the hands of criminals. Apart from smart guns, bullet control is also one area of consideration in the future. With these laws, there is likely to be hope for prevention of suicide and gun violence (Charles, 2018). 

In a nutshell, it is evident t that there have been gaps enacting gun laws that effective. The many incidences that have occurred and continue to occur have proved gun laws to be ineffective in reducing gun-related deaths. Gun control, therefore, must be taken seriously than before. Although many lives have been lost, the government should focus on preserving the survivors and save more lives. It is vital for states to only focus on practical and relevant gun legislation. Gun control should also be treated as a matter of urgency by avoiding political involvement which has an effect of dividing the citizens. For instance, they should strengthen the background checks more, conduct firearm identification, constant review of databases containing information of gun owners and frequent renewal of licenses to make it impossible for criminals and ill-minded citizens to own guns. With all these gun-related murders will be forgotten. 

References 

Charles, P. J. (2018). Armed In America. New York: Prometheus Bools. 

Foderaro, L. W., & Hussey, K. (2018, Feb 17). In Wake of Florida Massacre, Gun Control Advocates Look to Connecticut. New York Times. 

Spitzer, R. J. (2018). The Politics of Gun Control. New York: Routledge, Taylor et Francis Group. 

Yuill, K. L., & Street, J. (2018). Controversies in the American Constitutional Law : The Second Amendment and gun control: freedom, fear, and the American Constitution. London: Routledge. 

Ziff, J. (2014). Responsible Gun Ownership: Gun laws. Pittsburgh: Eldorado Ink. 

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