Gun control in America

May 17, 2009
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In 1791, the United States created the bill of rights, which included 10 amendments to the constitution. One of the amendments was the right to bear arms. Which is interoperated in meaning the right to own a gun. Although, over time the views and right to bear arms are changing and with the new upcoming president this amendment may be revoked and taken completely away.

Starting in the nineteenth century opposing sides of the right to bear arms were already trying to change the amendment. in the United States. Considerable attention in public protest and the courts was foucesd on the issue of the risks of arming of slaves with weapons, and later to the right of the African-American people to belong to militia and the arming of the African-American people. The main and most famous issue that was seen in the court was the court case Dred Scott v. Sandford. Whether the slave Dred Scott could be a citizen, with rights including the right to bear arms. This debate about the rights of slaves and former slaves often included the debate whether bearing arms' should be a right of African-American having or not having the right to possess firearms.

It was not until in October 2001, the United States Court of Appeals for the Fifth Circuit stated:"there are numerous instances of the phrase 'bear arms' being used to describe a civilian's carrying of arms. Early constitutional provisions or declarations of rights in at least some ten different states speak of the right of the 'people' [or 'citizen' or 'citizens'] "to bear arms in defense of themselves [or 'himself'] and the state,' or equivalent words, thus indisputably reflecting that under common usage 'bear arms' was in no sense restricted to bearing arms in military service."

In the twentith century there have been many court cases over keeping the amendment or not. In Schubert v. DeBard, it ended with the judge saying “We think it clear that our constitution provides our citizenry the right to bear arms for their self- defense. Not all of the court cases are strictly on whether all guns should be banned or not. For instance in Taylor v. McNeal, it concluded that pistols in question are not contraband, and that every citizen has the right to keep and bear arms in defense of his home, person, and property, with the limitation that this section shall not justify the wearing of concealed arms. Another important case was State v. Nickerson, (1952). When the court decided that the law of this jurisdiction accords to the defendant the right to keep and bear arms and to use it in defense of his own home, his person and property.

The current president George W. Bush, did not get rid of the right to bear arms, and his opinions on it are clear that it is an individual persons right to own a gun in their home.
But, this coming president, Barrack Obama has different views. Obama believes that is an individuals right to bear arms, not just a right of militias as some have argued. He respects the right of lawful gun owners to hunt, target shoot and use guns to protect their families. When a vote came before the United States Senate to prohibit the confiscation of legally acquired firearms during an emergency, Obama voted yes. He is on record for voting against allowing the federal government to confiscate guns. On the hunting side of the right to bear arms. Obama promises to provide incentives to farmers and ranchers who voluntarily open their land to hunting.
A very recent court case was that of Mr. Heller, his question to the Supreme Court was whether the Constitution's Second Amendment gave individuals the right to bear arms or is that right reserved exclusively for members of a "well-regulated militia.” This case was called District of Columbia v. Heller.

With all of these cases and stuff, my personal opinion on the matter is that guns definitely should be legal and people have the right to own and keep them in their homes. If the government were to outlaw guns it would make crime and murders even worse. It would be completely impossible to get a hold of every gun ever made and criminals and robbers would definitely still have a way to get a hold of them, but the common people who get robbed and who get killed would have absolutely no chance against them. The only the government should try to do is get rid of the illegal isuing of guns that is done secretly. My parents recently got gun permits and now have a gun in our house. It was a very long process to go through to get one, they had to take classes, go to gun ranges, and spent many hours out of the day to get one and learn how to use a gun properly. In america however, there are many sketch places that sell guns to people who don’t have gun permits and that is where the crime involving guns comes from. Although I know there are some propositions out there trying to ban the sell of some guns and I think that they should go through with that and try to get those taken of the market. Even though it will be impossible to get some of those very dangerous guns completely taken away still it would definitely help if the government would try and atleast stop the selling of some of them.

When Clinton was president a couple years ago he passed the Clinton gun ban which banned assualt weapons. In a meeting Cliton said “I don’t believe that everybody in America needs to be able to buy a semi-automatic or fully-automatic weapon, built only for the purpose of killing people, in order to protect the right of Americans to hunt and practice.” Clinton did not take into account that not everybody in American can buy firearms anyways. Felons, drug addicts, illegal aliens and fugitives from justice, for example, cannot own a firearm. Also, ownership of fully automatic firearms has been heavily regulated by federal law since 1934. And, semi-automatic firearms, which have been around for more than a century, are used by millions of Americans for hunting, self-defense, and recreational target shooting and in formal marksmanship competitions such as the Olympics. But yet Clinton was still able to pass that bill and get the guns taken away. It was not surprising that in less than two years after its passage, the House of Representatives voted 239 to 173 to repeal the Clinton gun ban.

It is hard to believe that the people in the government would try to ban guns or a lot of guns because 56% of households have a gun. And the craziest part about people not liking guns is because they feel that guns cause so many deaths when motor vehicles, drowning, fires, choking, falls, and poisonings have are the cause of more deaths than firearms.

In conclusion, history in America has shown tremendous controversy over the idea of owning a gun being a right, whether some guns should be legal or not, and whether access to gun permits should be made harder. In the end, owning a gun is a right as an American and with all the break-ins and robberies there are, I feel safer knowing that my parents own and properly know how to use a gun. Yes, I agree that some heavy guns that are dangerous should not be common and sold, but banning all guns is ridiculous and completely unconstitutional.





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Dog-Man said...
Jun. 8, 2010 at 9:22 pm
i totalley agree with you on we shpuld all be alowed to posses guns but i also think that it would be okay to buy full auto guns cuase you can shoot a semi as fast as you wan right so why not be able to buy fullauto weapons?
 
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