The Gun Controversy in America Stephen Panaro, Adam Rodriguez, and MJ Schanne
“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 Second Amendment to The United States Constitution “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.” —Also The Second Amendment to The United States Constitution
Background on Gun Legislation National Firearms Act of 1934 Gun Control Act of 1968 Firearms’ Owners’ Protection Act (FOTA 1986) Child Access Prevention Laws Concealed Weapons Laws Regulations of Private Sales to Minors Regulating All Secondary Market Sales (“Gun-show Loophole”) Ban on “Assault” Weapons “One Handgun Per Month” “Junk Guns” Preemption Laws Waiting Periods
Gun Controversy in the Courts Free white men can bear arms for self defense. This is a political right. Also, concealed weapons are allowed. Justified by state’s right to maintain a militia. Although Dred Scott lost, African- American slaves gained the right to bear arms in theory. Bliss v. KentuckyArkansas vs. BuzzardDred Scott v. Sandford The court holds that there is a right to bear arms in defense of self and country. New Terms: Political right- a right that the state has the power to control Individual right- a right given to a person or people
Gun Controversy in the Courts 2000-Present Today Declared that an individual has the right to have a firearm in a private residences or federal enclave. Did not specify if this applied to states. Resolved the ambiguity left by D.C. v. Heller and said it is an individual’s right in states as well. US v. EmersonDistrict of Columbia v. Heller McDonald v. Chicago The first federal case that claimed the Second Amendment was meant to be an individual right. New Term: Federal enclave- A location in that is not part of a particular state. e.g. Washington D.C.
Pro-Regulation Decreases violent crimes Decreases risk of suicide Decreases risk of accidental injury/fatality Constitutional right to bear arms Regulation is ineffective Right to protect themselves Anti-Regulation
Interest Groups Pro-Gun Control Mayors Against Illegal Guns Million Mom March Center to Prevent Handgun Violence Coalition to Stop Gun Violence Americans for Gun Safety Brady Campaign to Prevent Gun Violence Pro-Gun Rights NRA Gun Owners of America Keep and Bear Arms Law Enforcement Alliance of America National Association of Arms Shows The Second Amendment Foundation
Political Parties Republican—no gun control Libertarian—no gun control Constitution—no gun control Democratic—partial gun control Green—yes, desire gun control
Gallup Public Opinion Poll October 2009
Pew Research Public Opinion Poll March 2010
Statistics Pro-Gun-Regulation (“Anti-Guns”) U.S. homicide rates are 6.9 times higher than rates in 22 other populous high-income countries combined, despite similar non-lethal crime and violence rates. The firearm homicide rate in the U.S. is 19.5 times higher Gun violence impacts are estimated to cost U.S. citizens $100 billion annually 22 times more likely to be used in a completed or attempted suicide, criminal assault or homicide, or unintentional shooting death or injury than to be used in a self-defense shooting. An estimated forty percent of gun acquisitions occur in the secondary market
Statistics Anti-Gun-Regulation (“Pro-Guns”) August 2000, JAMA reported that states implementing waiting periods and background checks did "not [experience] reductions in homicide rates or overall suicide rates.“ 1990s, the number of guns in this country increased by roughly 40 million—even while the murder rate decreased by almost 40% percent. Accidental gun deaths in the home decreased by almost 40 percent as well as many as 1.5 million cases of self-defense with a firearm every year According to the BBC News, handgun crime in the United Kingdom rose by 40% in the two years after it passed its draconian gun ban in report shows that the crime rate in England is higher than the crime rates of 16 other industrialized nations, including the United States Guns are used 2.5 million times a year in self-defense
Recent Developments Lax State Gun Laws Tied to Crimes in Other States Lax and Lethal More States Allowing Guns in Bars Pennsylvania Senate approved State Senator Richard Alloway’s (R-33) “Castle Doctrine” amendment to House Bill Senator Alloway’s proposed amendment to HB1926 would permit law-abiding citizens to use force, including deadly force, against an attacker in their homes and any places outside of their home where they have a legal right to be. If enacted, this law would also protect individuals from civil lawsuits by the attacker or the attacker’s family when force is used. House Bill 1926
In the Media Link:
In the Media Pt. 2
Bibliography Pt. 1 Brady Center to Prevent Gun Violence. Web. 15 Oct "Chapters." Brady Campaign to Prevent Gun Violence. Web. 15 Oct "Descriptions of the Supreme Court Gun Cases." Constitution Society Home Page. Web. 15 Oct Gay, Malcom. "More States Allowing Guns in Bars." The New York Times - Breaking News, World News & Multimedia. 3 Oct Web. 15 Oct "Gun Control." Just Facts.com. Web. 15 Oct
Bibliography Pt. 2 Gun Owners of America - Gun Owners Of America. Web. 15 Oct Keep and Bear Arms - Gun Owners Home Page - 2nd Amendment Supporters. Web. 15 Oct "Lax and Lethal." The New York Times - Breaking News, World News & Multimedia. 3 Oct Web. 15 Oct Mayors Against Illegal Guns. Web. 15 Oct "The New York Times Log In." The New York Times - Breaking News, World News & Multimedia. Web. 15 Oct
Bibliography Pt. 3 NRA. Web. 15 Oct "NRA-ILA :: Anti-Gun Lobbying Organizations." NRA-ILA ::. Web. 15 Oct "NRA-ILA :: âCastle Doctrineâ Bill Scheduled for Final Passage Today in Pennsylvania!" NRA-ILA ::. Web. 15 Oct Police?, By The. "Taking On Gun Control." Hematite.com. Web. 15 Oct "US Gun Statistics." Jeff Rense Program. Web. 15 Oct Worden, By Amy. "Pa. Senate Votes to Expand Gun Owners' Rights | Philadelphia Inquirer | 10/14/2010." Philly.com: Philadelphia Local News, Sports, Jobs, Cars, Homes. 14 Oct Web. 15 Oct
Courts Bibliography "Amendment II: Bliss v. Commonwealth." The Founders' Constitution Web. 15 Oct "The State v. Buzzard." Gun Control. Web. 15 Oct Volokh, Eugene. "Sources on the Second Amendment and Rights to Keep and Bear Arms in State Constitutions." UCLA School of Law. Web. 15 Oct "United States vs. Timothey Joe Emerson." UMKC School of Law. Web. 15 Oct "District Of Columbia v. Heller." Legal Information Institute at Cornell Law School. Web. 15 Oct "McDonald Et Al. v. City of Chicago, Illinois, Et Al." Legal Information Institute at Cornell Law School. Web. 15 Oct
Public Opinion Bibliography Jones, Jeffrey M. "In U.S., Record-Low Support for Stricter Gun Laws." Gallup.com. 9 Oct Web. 15 Oct "Gun Control Splits America." Pew Research Center. 23 Mar Web. 15 Oct