Tuesday, May 16, 2017

A634.8.3.RB_GunControl:WhatistheAnswer?_LouBeldotti

A634.8.3.RB
Gun Control: What is the Answer?

            After spending almost three decades in the U.S. Army I am very pro-gun.  I believe that every American has a right to bear arms.  Don’t get me wrong, there should some restrictions.  Convicted felons, violent offenders, committers of domestic violence, and those who have mental incapacitations should not be allowed to possess a firearm.   

            According to LaFollette (2007, pg. 180), “Most defenders of private gun ownership claim we have a moral right – as well as a constitutional one – and that this is not an ordinary right, but a fundamental one…What makes a right fundamental?  A fundamental right is a non-derivative right protecting a fundamental interest.”

            So, is bearing arms a fundamental right?  I would conclude that it is.  The Constitution of the United States grants us this right.  The Second Amendment 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.” (Legal Information Institute, n.d.).  However, it is my opinion that it needs to be coupled with the Fourteenth Amendment to really understand it.  The Fourteenth Amendment states, in part, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (Legal Information Institute, n.d.). 

            There are those that would disagree with a citizen’s right to bear arms regardless of constitutional right.  They believe that certain types of firearms should not be owned by private citizens at all.  They often refer to these firearms as assault rifles and long guns.  The wish to restrict magazine size absolutely restrict semi-automatic firearms.  Their argument is fueled by mass shootings that have occurred in the United States.  Their rational is by restricting these items will decrease violent crimes and murder.  They believe that is guns that do harm.  According to LaFollette (2007, pg. 183), “We must be careful when we say that guns cause harm.  Guns kill people because agents use them to kill people (or misuse them in ways that cause people to be killed).  As the National Rifle Association (NRA) puts it: ‘Guns don’t kill people, people do’.” Moreover, according to ProCon.org (2016), “The United States has 88.8 guns per 100 people, or about 270,000,000 guns, which is the highest total and per capita number in the world. 22% of Americans own one or more guns (35% of men and 12% of women). America's pervasive gun culture stems in part from its colonial history, revolutionary roots, frontier expansion, and the Second Amendment… Largely, the current public gun control debate in the United States occurs after a major mass shooting. There were at least 126 mass shootings between Jan. 2000 and July 2014. Proponents of more gun control often want more laws to try to prevent the mass shootings and call for smart gun laws, background checks, and more protections against the mentally ill buying guns. Opponents of more gun laws accuse proponents of using a tragedy to further a lost cause, stating that more laws would not have prevented the shootings. A Dec. 10, 2014 Pew Research Center survey found 52% of Americans believe the right to own guns should be protected while 46% believe gun ownership should be controlled, a switch from 1993 when 34% wanted gun rights protected and 57% wanted gun ownership controlled.”  My argument is that the ordinary citizen is not the one using guns to cause harm.  The 22% of Americans that own guns do so legally.  They use these guns for recreation (shooting practice), hunting, and for defense.  They take gun safety classes and secure their guns properly at home by having locked gun safes, trigger locks and keeping the ammunition in a separate place. 

            So what is the answer? I would say we need to keep guns out of the hands of criminals.  However, even with gun control, criminals are still able to obtain guns…mostly through illegal channels.  Pro-gun individuals would argue more than just this fact.  According to “The Crux” (2017), there are ten best arguments against gun control and they are:

10. There’s still murder in countries where handguns are banned.

9. Limiting assault rifles limits your Second Amendment rights. 

8. The Second Amendment is not intended for just ordinary home defense.

7. Armed civilians help take out the bad guys. 

6. Shooters will get access to a gun, even with strict gun laws in place. 

5. Gun rights will protect you from a police state.

4. Rampage shooters like soft targets.

3. Prohibition didn’t stop alcohol… gun control won’t stop guns. 

2. Laws don’t apply to criminals.

1. The world isn’t perfect…

References

Legal Information Institute. (n.d.). Second Amendment.  Retrieved from https://www.law.cornell.edu/constitution/second_amendment

LaFollette, H. (2007). The practice of ethics.  Malden, MA: Blackwell Publishing

ProCon.org. (2016, February 18). Background of the Issue: "Should More Gun Control Laws Be Enacted?” Retrieved from http://gun-control.procon.org/view.resource.php?resourceID=006436

“The Crux”. (2017). If you believe in "gun control," this is probably not for you... Retrieved from http://thecrux.com/ten-powerful-arguments-against-gun-control/



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