Stephen Hall Jonathan Solis GOVT-2306 6015 Word count 1234 Texas gun control vs Federal gun control 8/13/2017 Third Party Gun Control The right to bear arms. Our second amendment right has been questioned by countless individuals on whether or not Texas has holds the write to regulate the possession of a firearms or federal government. There have been countless attempts by both state and federal government to regulate gun control. “In District of Columbia v. Heller, the Supreme Court finally determined that the Second Amendment confers, at a minimum, an individual right to possess arms within one ‘s home for the purpose of self-defense” (Howell 216). In this case the supreme …show more content…
This clause basically states that the government will not interfere with the rights of citizens and their unalienable rights of life, liberty, or property which applies against only the federal government and individual states. This also means that neither the state or federal government may impose on the right to bear arms under the act of self-defense. So, who then holds the right to regulate gun control and whether an individual may obtain and hold a firearm under these prefixes? This is one of many problems encountered when trying to use the second amendment to regulate firearm obtainment and use. Another example is “Persons with mental illness and/or substance abuse are frequently perceived by the public to be dangerous. This has resulted in an increase in state legislation restricting their ability to purchase, possess, register, obtain licensure, retain, and/or carry a firearm of any sort” (Donna M. Norris, M.D. Thomas Gutheil et ect…) Legislation and many other states have referred to guidelines on a person’s mental illness and whether they would be able to acquire a firearm. The problem with that is that the guidelines vary from state to state. What may also constitute as a serious mental illness in one state, may be minor or minuscule in the next. Another problem is the restriction of certain types of guns and their restrictions to those of a mental illness. “States vary according to whether or not a specific type
Amendment; this is the Amendment that is used as the basis for each American having the right to bear arms. It has certainly been a subject of conversation in the US; proponents argue that no one has the authority to take that right away from US citizens while opponents asking for an amendment that would allow the amendment to acclimate to current realities of the 21st century (Levintova, 2014). To understand the problem with the second amendment, one has to go back to the origin of the said law; the bill of rights was first created in 1789 along with the first ten amendments, to understand the intent of the authors of said amendments.
“The right to bear arms”, an amendment so prioritized by our founding fathers that it earned the very second spot on the list of birth rights as Americans. However, with constant tragedies striking the United States, such as massacres in public high schools and universities, mall shootings, and attempted assassinations on state representatives, it’s no wonder law makers are constantly debating the topic of gun control.
In his book ‘Gunfight: The Battle over the Right to Bear Arms in America,’ Wrinkler tried to present an unbiased view towards the second amendment in the light of historical events and landmark cases that has tried to challenge or obtain the court’s interpretation. One of such cases is the ‘District of Columbia v. Heller’ case, which was argued and decided in 2008 (Supreme Court of the United States). For several instances, the provision in the Second Amendment that pertains to the right of an individual to bear arms has been contested. In fact, the clause, which 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”, is perhaps the most misconstrued clause in the American constitution (Supreme Court of the United States). Adding to the significance of this highly debatable clause is the fact that a flurry of gun related incidences has happened in the United States in the past that has taken many lives including that of children. Among the most significant authors that has attempted to answer the question or at least laid out the possibilities regarding the second amendment is Adam Wrinkler. In light of Winkler’s arguments as well as with other sources, this paper will examine the historical
“Guns don’t kill people, people do.” This is a well known statement that is oftentimes considered true. However, it is not completely true. Someone who is mentally ill may be unable to make logical decisions and the perception they receive of reality may be tainted by the illness. Gun laws pertaining to those suffering mental illnesses should be more restrictive. Weapons such as guns make committing an act of violence, especially when there are multiple victims, much easier. It is difficult to assess the probability of a person to commit a violent act that harms anyone including himself/herself. Therefore, gun laws need be monitored very closely and made more consistent throughout each state in order to prevent violence that could
Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.” (Texas State)
Chrystine Archer National Government T&R 12:30 Essay #1 10/03/2017 2nd Amendment to the United States Constitution I chose to write about the Second Amendment which is the right for people to keep and bear arms simply because it is one of the most controversial amendments we have. The concern behind it stems from the question “who are we really protecting, the people or the government?” In this essay I plan to explain the history behind it, also how and why is it so important to the US constitution today?
The debate over the right to bear arms according to the Second Amendment has been a hotly contested issue for many years in American history. The matter has been one of the most controversial issues in the second half of the twentieth century and into the twenty-first; disputed between politicians on the liberal and conservative side along with issues such as abortion, capital punishment, and gay marriage. The Supreme Court has officially defined the controversial Second Amendment by stating that states have the right to maintain a militia separate from a federally controlled army (Gale Encyclopedia, pg. 155-162). However, “Courts have consistently held that the state and federal governments may lawfully regulate the sale, transfer,
Across the nation, many states have begun to reassess their mental health policies and how they affect gun control. One state in particular is Maryland. In 2012, Maryland began a legislative task force to investigate the access of individuals with mental illness to regulated firearms (Maryland, 2013). Under current state law, access to firearms is denied to anyone who has been confined to a mental health facility for more than 30 consecutive days. The law also states that the individual must be determined to be dangerous to themselves or to others along with their mental illness in order to be denied access to firearms. The other question asked is what access law enforcement officers should have to mental health records. In an article by Gostlin (2011) he states “Successfully reducing firearms-related
According to The Second Amendment of the Constitution, the citizens of the United States have the right to own and bear arms, in order to form a well-regulated militia for the security of the states. This right has been discussed for decades as an important issue for the American society, and it has been one of the most controversial issues in the second half of the twentieth century until nowadays. This right germinated with the threat to freedom that the standing army of professional soldiers brought to the Americans. Some argued that the right to bear arms is mainly concerned with self-defense while others argued that this right was implemented to avoid militia disarmament and protect the Free State. This right was
For years gun control advocates pushed for a law passed by the federal government. For years this has not worked as the government has not wanted to touch the matter and have potential backlash. Although the federal government has not done much and does not seem to be doing anything any time soon, the states have huge potential to start the change. State governments can decide what laws can be passed and how serious their guns laws will and should be.
Gun control infringes on the Second Amendment right of the American people. The 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" (Adams). In researching gun control, the government is not sure which way to enforce the law because they can not determine the fair interpretation of the amendment. Even though gun control is suppose to reduce fire arm related crimes, it only makes it harder for law abiding citizens, or officers of the law to attain guns. According to Hogberg there was a specific case of Heller vs. Washington D.C. that made a huge impact. Dick Heller was asked to defend the people of D.C. against the government to gain the rights to own a hand gun. The right of owning a hand gun in Washington D.C. was revoked in the early 1970's, but in 1976 an incident of a shooting changed
Gun control is an extremely controversial issue in the United States, and the debates around this topic has started many decades ago. According to the article “Gun Rights vs. Gun control” by Brianna Gurciullo, these debates are fueled by the people who defend the gun rights and the people who advocate in favor of gun control. It has been difficult to prove that gun ownership is directly related to an increase in violence due to the fact that researches tend to disagree on the impact of gun ownership in the American society. These debates tend to be brought to the spotlight whenever there is a mass shooting in the United States, which according to Abbey Oldham, who is a reporter from the PBS News Hour, happens quite frequently. However, organizations, such as the National Rifle Association (NRA), defend that the laws for gun control violate the Second Amendment of the constitution, which states “the right of the people to keep and bear arms” stated Gurciullo. Due to the distinct interpretations of the constitution and the difficulty to agree on the best approach to tackle the issue, this controversy seem to be almost unsolvable.
Heller, the Supreme Court ruled that the Second Amendment protects an individual’s right to possess a firearm to use for lawful purposes, such as defending oneself within their home/property. The court case ruled that the Amendment was not connected to service in a militia (Constitution). Handgun possession is banned under District of Columbia law. This law prohibits the registration of handguns and makes it a crime to carry an unregistered firearm; additionally, all lawfully owned firearms must be kept unloaded and dissembled or bound by a trigger lock unless they are being used for lawful recreational activities or located in a place of business.
The Second Amendment of the United States Constitution 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.” The constitution is clearly saying all citizens have the right to be able to own and carry a weapon or firearm. On June 26, 2008, in District of Columbia v. Heller, the United States Supreme Court held in a 5-4 decision that the Second Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves (Cornell 1). This is showing how our founding fathers supported the right to bear arms.
In the Unites States of America Federalism is the basic structure of the American government; it is the distribution and balance of powers between the National government and the States government. In order to obtain a compromise between those who wanted stronger state government and those who preferred a stronger national government the founding fathers arranged and settled for a federal system rather than the alternatives of a unitary or confederal system. While both National and State governments each have specific powers and authority, they also share certain powers and must be able to cooperate effectively with each other.