...of The District of Columbia vs. Heller and Lopez vs. the United States: a look at Supreme Court gun law cases, rulings, and the current abuse of executive privilege under the Second Amendment. The Second Amendment to the Constitution is the right to keep and bear arms by every law abiding citizen in the United States. In this dialog, we will look at the aforementioned Supreme Court cases to better understand the limitations of the Central Governments ability to interfere with this individual right. In the case of the District of Columbia vs. Heller, the primary issue in this case was the complete ban of handguns in homes within the District of Columbia unless they are unserviceable. This case was brought by Dick Heller in an action claiming that a complete ban violates the 2nd Amendment right guaranteed to the citizens of this country. In the case of Lopez vs. the United States, Congress attempted to control where individuals could carry weapons through the invalid use and exercise of the commerce clause power. At first look into the District of Columbia vs. Heller case, the power to solicit and control gun regulation belongs to the States, not the Federal Government. The District of Columbia is not a state and therefore does not possess the authority to install gun regulations on the citizenry living there as they are residents of Maryland and Virginia and are so governed by the gun laws which exist in those states...
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...The second amendment within our constitution 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." The language of this amendment has created considerable debate as to what it really means. America has stood strong by what our founding fathers accomplished in drafting the United States Constitution which can also be called the “Supreme Law” of our land. Gun control advocates usually always invoke the second amendment in arguments related to stricter gun laws while the anti-gun side claims the second amendment does not include rights of an individual. The second amendment states “The right of the people to keep and bear arms” thus any attempt to set unreasonable limits on gun ownership does in fact infringe on our constitutional rights because according to our fore fathers we have a right to own firearms for any reason we as a free society deem necessary which may include hunting, self-defense or collecting. Firearms have played a major role in the shaping of American history. From hunting to sporting, collecting and self-defense, Americas’ fascination with firearms can be traced to the American Revolution where armed citizens gained independence through a sustained revolt. Not only did firearms have a role in gaining independence, they were a necessary tool for survival. In order for family’s to survive hunting was the only means to provide food. In the days of the “wild...
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...Gun Control Gun control and Gun right in America Throughout American history, gun control has been an issue in United States. In recent years, proponents of gun control legislation have often held that of only federal laws can be effected in United States. Although, it’s believed that in the absence of guns criminal violence would be much reduced. In reality, it’s a wrong concept. Meanwhile, most people in United States carry guns for the matter of protection. However, some argue the danger of widespread gun ownership. Many aspect of the gun control issue are best measured and sometimes can be measured through surveys. However, the accuracy of such surveys depends upon respondent providing truthful answers to questions that are sometimes controversial and potentially incriminating. In 2012, it was announced the plan on changing gun control in united states. Among the announcement, it was initiated background checks for gun sales the reinstatement and strengthening of the assault weapons, limitation ammunitions magazines to a low-round capacity, and offering more comprehensive insurance coverage for mental and health. In America the political system, gun control has been a debate for many years. However recent shootings have forced into a large spotlight. The problem that exposes gun control proponents from their opposition is the un-argued from their opposition is the language of the second amendment of the constitution. Personal Safety Top...
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...of whether gun control is necessary to diminish crime and many pro gun advocates, look at Switzerland as proof that it is false. To get into this heated debate, it is important to understand the term gun control. Gun control is defined as laws that control the selling, owning, and use of guns (Webster's Dictionary). Like in any debate there are always two very different stance on this topic. PRO Pro gun control advocates argue that having strict gun laws will decrease the nation's crime rate. They also point out that having tougher gun laws will save lives by avoiding any more public massacres. To the eyes of a gun control advocate, it seems like a no brainer. After all, the less guns on the street will result in less gun related deaths. In the United States, 33,636 people have died due to a firearm in 2013 (Alpers, Philip).That number accounts for murders, homicides and suicides across the country. Thousands of people that year lost their life due to a firearm incident and the number keeps growing each year. Many gun control advocates wonder why it is so difficult to implement stricter gun laws in the world's greatest democracy. The misinterpretation of the second amendment is what's holding back the U.S. Many people that are against gun control throw around the Second Amendment a whole lot. What many have failed to realize is that the Second Amendment protects the right of militias to own guns, not the individual. Let's take a look at what the Second Amendment states. The...
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...Gun Control Matthew EN-1420 April 15, 2015 What an amazing country “land of the free and the brave” known as the United States of America. It is a known fact that people from all around the globe immigrate here for the opportunity and the freedom. This very freedom that makes so many want to be here should not be impinged on. There are some good regulations and laws in place to keep citizens safe, however, the U.S. should not be banning anymore gun types! Let us explore. Our freedoms are detailed in the constitution of amendments. The second amendment states, “the people have the right to keep and bear arms and these rights should not be infringed on” (Cornell University Law School, 2015). The law does allow room for some regulation, hence the U.S has banned machine guns or fully automatic weapons from civilians. Further regulation as in banning rifles and handguns would be a breaking our constitutional rights. The law school at Cornell University states, “The second amendment has most recently been interpreted to grant the right of gun ownership to individuals for purposes that include self-defense” (Cornell University Law School, 2015). The Supreme Court has also ruled in this favor. In a case in 2008 (D.C vs Heller) and in 2010 (McDonald vs Chicago) the Supreme Court firmly established the 2nd amendment is an individual right (Smith, 2014). The legal carry of guns has reduced crime and in some states has reduced the murder rate drastically. Most of us would agree...
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...Persuasive Research Paper Dominique Harris ENG/215 September 30, 2013 Bill Morgan Persuasive Research Paper Restrictions on Guns for the Sake of Life Volsky (2012), "I support the Second Amendment” (para. 2) Governor Rick Scott (R) stated December 2012 when questioned by anchor Soledad O’Brien about which reforms, if any, he would support. Gun control is one of the leading controversial issues society faces in America to date. The government is faced with the issue of limiting assault rifles with a trite and establishing tougher gun laws vs. the second amendment. President Obama said it best “the country’s background check system for gun buyers is so weak it makes the United States vulnerable to mass shootings” (Rucker, 2013, para. 2). That statement alone should end any controversy on the issue of gun control. Regulating individual’s right to bear arms certainly would bring a since of safety to our society. In order for that to happen, government will have to do more than just prohibited sales of guns. In everyone’s community someone knows an individual who owns gun e.g., for protection or hunting. To regulate the rights to bear arms authorities would have to confiscate everyone’s guns to make America safer. I personally would like that to happen because guns kill, accidentally and on purpose. Take a look at the bigger picture “every day in the U.S., an average of 289 people are shot. Eight-six of them die: 30 are murdered, 53 kill themselves, two die accidentally...
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...decade there has been a drastic increase in the debate over gun control. A Constitutional right set forth by our forefathers is now seemingly being laid to rest by the leaders of our country. However, as a modern Democratic society the people of our nation are refusing to go down without a fight. By evaluating and analyzing recent gun control policies and the reaction of such policies by the general public, supported by a graphical representation of my theory, I will argue that through recent policy that the increase in the limiting of sale of firearms and ammunition and the attempted disarming of the American public has endangered the law abiding citizens of this country instead of saving them as many would have us believe. I hypothesize that with stricter...
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...The Gun Control Debate in the United States Republicans vs. Liberals The ineffectiveness of gun control is quite evident in the United States. Gun rights have been an ongoing social battle for many years (Kopel). People will always find a way to gain access to weapons if the person wants one badly enough. The United States is fast approaching the halfway mark in favor of stricter gun laws; however, the nation still questions the effectiveness of gun control. Republicans support the right to own, use, and carry guns as stated in the Second Amendment to the United States Constitution (Kopel). Republicans also believe it is an individual’s right to protect family and property through gun ownership. Gun laws should be left to the individual states...
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...Mentally Ill Offenders and Gun Control Page 1 Mentally Ill Offenders and Gun Control Page 2 Mental illness is a disease that causes mild to severe disturbances in thought and/or behavior, resulting in an inability to cope with life’s ordinary demands and routines. There are more than 200 classified forms of mental illness. Some of the more common disorders are depression, bipolar disorder, dementia, schizophrenia and anxiety disorders. Symptoms may include changes in mood, personality, personal habits and/or social withdrawal. Mental health problems may be related to excessive stress due to a particular situation or series of events. As with cancer, diabetes and heart disease, mental illnesses are often physical as well as emotional and psychological. Mental illnesses may be caused by a reaction to environmental stresses, genetic factors, biochemical imbalances, or a combination of these. With proper care and treatment many individuals learn to cope or recover from a mental illness or emotional disorder. Most people believe that mental disorders are rare and “happen to someone else." In fact, mental disorders are common and widespread. An estimated 54 million Americans suffer from some form of mental disorder in a given year. Most families are not prepared to cope with learning their loved one has a mental illness. It can be physically and emotionally trying, and can make us feel vulnerable to the opinions and judgments...
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...& Business Ethics Gun Control vs. Gun Violence The debate over gun control in the United States has been a topic of controversy over the years. In particular, the killing of twenty schoolchildren in Newtown, Connecticut. In December 2012 this mass shooting fueled a national discussion over gun laws. However, compromise legislation would have banned semiautomatic assault weapons and expanded background checks was defeated in the senate in 2013, despite extensive public support. Arguments for more restrictive gun laws http://gun.laws.com/gun-rights/gun-control-versus-gun-rights As society continues to diversify and human beings become more individualistic, we drift further apart from understanding each other. The gun control debate is not directly effected by this, but psychologically human beings fear what we don't understand. In a society with hundreds of cultures, differences and arguments can arise out of nothing. Words are one thing but the use of firearms is an entirely different topic. With less restrictive laws on purchasing and ownership a seemingly pointless feud could intensify into murder. Guns give a man power, with power inevitably comes abuse. There is a high rate of gun-related violence http://gun.laws.com/gun-rights/gun-control-versus-gun-rights The United States leads the world in gun violence and ownership. There is a direct correlation. This is perhaps the most obvious argument made in the gun control debate-guns kill people, most of...
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...Gun Control For as long as I can remember, “The Right to Bear Arms” has always been one of the key essential rights to all American citizens. It went hand in hand with “Freedom of Speech”. Ask just about any high school freshman to name three specific rights provided to us by our United States forefathers in our U.S. Constitution and “The Right to bear Arms” will surely reach most lists. It was just one of those things that stood out as a young student of U.S. government. As I’ve gotten older, the more and more I came to realize that something that seemed so much like a given when it comes to basic rights of the American citizen, has become more and more of a not so given. This is largely in part due to the recent increase over the years of casualties involving minors and firearms which have put the issue of Gun Control on a political stage of its own. The Second Amendment of the United States Constitution 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.” as written by Thomas Jefferson. It was adopted along with the rest of the Bill of Rights on December 15, 1791 and has been a staple to American citizen rights ever since. Several high profile court cases have been presented in front of the Supreme Court challenging the Second Amendment with no avail. One of the most notable and recent cases was Heller vs. District of Columbia (2008). Six plaintiffs were...
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...Gun Control Effectiveness; Fact or Fiction Daryl L. Wassell COM/220 March 10, 2013 Robin Lyons Gun Control Effectiveness; Fact or Fiction The second amendment gave all citizens “the right of the people to keep and bear Arms”, and that right accordingly “shall not be infringed” (National Archives, 2012). Within this statement the founding fathers rose to the level of securing the countries new freedom with defense by any means necessary. While the second amendment permits gun ownership, it is also with the intent of securing our land from imminent national threat. As it states, “A well regulated Militia, being necessary to the security of a free State” (National Archives, 2013) affords the people the right to bear arms. The idea that the second amendment grants owners privilege to own assault rifles is ridiculous; however, more so is added legislation that yet has to prove deterrence of violence. To begin a debate on gun violence and legislation, one should start with where the escalation has come from, war. Many would believe that weapons of mass destruction have caused the greatest numbers of death around the world. In fact, no nuclear, biological, or mass acts of terror have done greater damage than standard munitions. Machine guns, rifles, and pistols are among the chief instruments of death. The figures are difficult to pinpoint but are estimated to be 60 to 90 percent of all deaths by armed conflict. Some estimate “the number of conflict deaths at 27,000–51,000...
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...Gun Control Guns versus crime is the hot topic in America. Government officials are looking at how much crime has happened with firearms instead of also looking at how the American people will be able to defend themselves when need be if guns are fully taken away. Government officials are trying to find a solution to eliminate the percentage of deaths per year. Guns are dangerous when used inappropriately, especially when they get into the wrong hands. There just isn't a problem with adults handling guns the wrong way, there is also children getting their hands on them and injuring and killing others as well. More gun control will not reduce crime because people will find other dangerous ways to injure and kill others, and also taking away guns totally will also take away Americans Second Amendment to bear arms away. Gun Control Many Americans have lost their lives by firearms. The majority of shooters had gotten their hands on guns illegally by stealing them, or purchasing them through a private owner. Whether or not people agree with tougher gun control laws, the American people need to think about how many lives can be saved from having stronger gun laws. Guns are being used on human life for many different reasons, here are some examples: mental health issues, drug deal gone wrong, act of terrorism, racial profiling, also lack of self-control of their behavior. Firearms are extremely dangerous just not...
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...Christian McBride August 23, 2014 EN1420 Guns don’t kill people. It has always been the responsibility of the people to protect themselves, never the responsibility of the government to protect us. It is however the Government’s responsibility to protect the rights of the people, including the right for the people to protect themselves; the Amendment. Gun control is not effective; as it has never been shown in a national study to reduce the number of gun related crimes. If the people do not protect themselves, there is no protection. It has been proven in many other countries in all of which these destinations have very minimal gun laws and restrictions. These countries include Norway, Finland, France and Germany and in all of these countries there is a remarkably lower murder rate, way below the rate of the United States. One of the most widely known colleges in the world, Harvard University conducted a study, with the result of the study being “gun control is proven to be counterproductive”. In the United States, gun control has been a long argued battle of the people’s right to bear arms vs. the law controlling guns. The US Constitution’s Second Amendment reads: “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.” Who is to say that any belong to the “well-regulated Militia” is the general public a Militia. The truth is most Americans do not trust the government, or more...
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...Argument Article #1 Gun Control The article’s issue was about gun control in the United States and how the constitution should be challenged on this controversial topic. Discussions about citizens’ rights to bear arms extend back to ancient times. Supporters of gun control would like even tighter restrictions on the sale and circulation of firearms. According to Samuel Adams he argued that the Constitution should never be interpreted “to prevent the people of the United States who are peaceable citizens from keeping their own arms.” Several stated premises in the article were that “Opponents of gun control interpret the Second Amendment as the guarantee of a personal right to keep and bear arms.” In two other rulings, the Supreme Court reaffirmed this view in upholding New Jersey’s tough gun control law in 1969 (Burton v. Sills) and in supporting the federal ban on possession of firearms by felons in 1980 (Lewis v. United States). Gun control laws have several functions. They may be designed to hinder certain people from gaining access to any firearms. The laws may limit possession of certain types of weapons to the police and the military. A person who wants to make a gun purchase or obtain a gun license may be subject to a waiting period. Gun-control laws vary from country to country. The following stated premises are that gun violence also affects more than its victims. Opponents of gun control interpret the Second Amendment as the guarantee...
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