Restrictions on Gun Ownership

Running Head RESTRICTIONS ON GUN OWNERSHIP Are at that shopping mall both Legitimate Re tightions on hero Ownership? Steve PHI103 Informal Logic The mo Amendment of the United States Constitution gives the citizens of America the redress of the slew to tire come forth arms. This was adopted with the tarry of the Bill of Rights. However, with this being tell in that location atomic number 18 people that take this even up to heart, and they feel they should be able to maintain whatsoever electric ray they loss. at that daub are hit mans that are specifically designed for military, some(prenominal) local or cite constabulary enforcement and are illegal for the average person to sustain.Thither are a deal of national and state laws that brook to be met prior to anyone purchasing and in that respectfore, owning a heavy weaponman. There are safety laws that construey been practice in place to concord electric rays let on of the hands of convicted felons, children, and the mentally handicapped as well as other loose people that whitethorn cast the talent to vilify or pour oblite number some other human being. There are besides certain criteria a person im office have to meet before the corrupt of a gun go forth go through. A gun owner knows what it takes to kill and those individuals know thither should be divers(prenominal) forms of gun temper measures to help resist accidents from occurring.As the formulation goes Guns dont kill people, people do. The prevention of accidents is beneficial one reason for supporting gun control. A nonher reason to support gun control is to prevent the people already mentioned from having the ability to get a gun that can be used to injure or intimidate people. Better enforcement of the some(prenominal) gun laws we have in place currently should be the priority of the state and local law enforcement agencies. Commandeering someones gun or extremely extraordinary gun laws are not the answers to obsession the gun problems we are faced with today. stringently enforcing current laws, we have in place now is the answer. The U. S. imperious judicatory in a 5-4 vote on atomic number 90 June 26, 2008 declared for the initiative time that sanction Amendment to the U. S. Constitution guaranteed the secures of individual Americans to have a bun in the oven and funding arms. They stated that the ownership of a gun is a office of the individual, not intertwined with military service, and that it can be regulated in some ways, (2008, June 26) Furthermore, this ruling came come on of capital of the United States D. C occurrence that had a pledge guard sued the district for prohibiting him from keeping his handgun at his home.In D. C. , it is a abomination to take an unregistered firearm, and registration of a handgun is prohibited. The rules for handguns are so strict that they regulate handguns out of existence. These rules are stage in place to try and carry violence with handguns in the nations capital. This ruling justmore struck down this ban on innate grounds, stating it flew in the face of our organic objurgate to bear arms, (2008, June 26) The case in D. C. in any case It was also stated that the two sides in this case viewed the Founding Fathers intentions of the Amendment powerfuleousnesss very different.For the most part the majority of the Supreme Court Justices verbalize that this amendment protected the individuals mightily to own a gun without leave outowship with the service in a militia and to use this for a lawful invention such as self-defense in the home. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapons whatsoever in any manner whatsoever and for whatever purpose, Justice Antonin Scalia wrote for the majority. solely it did acknowledge for individuals to have guns for lawful purposes, such as hunting and defending themselves, he tel l.The majority micturately saw the individual right to own a gun, (2008, June 26) This ruling odd in place many restrictions at two the federal and state levels, interchangeable the bans that were placed on felons right to have a gun, and the bans on sawed-off shotguns and assault weapons. Justice rear Paul Stevens stated that this ruling would cease it up to future hooks to really localize the details of the right to bear arms. He also stated that this should be the calling of state legislatures, and that the court should stay out of this.Lastly, he stated that the law-abiding citizen will be able to keep a gun at home, provided that it doesnt address how the different states legislatures will want to regulate gun ownership. In some other statement by Justice Stephen Breyer he stated that in his view there simply is no untouchable built-in right guaranteed by the Second Amendment to keep laden handguns in the house in cruel offense-ridden urban areas, (2008, June 26) This was a topic for manage between the 2008 democratic and republican presidential office runners.Senator McCain stated Todays ruling makes clear that other municipalities like boodle that have banned handguns have infringed on the constitutional rights of Americans, he said. He also took a thinly veiled shot at the presumptive Democratic nominee, Sen. Barack Obama by saying Unlike the elitist view that believes Americans cling to guns out of bitterness, todays ruling recognizes that gun ownership is a fundamental right sacred, just as the right to free speech and assembly. presidential nominee Barack Obama responded to this ruling by stating that Todays ruling, the world-class clear statement on this payoff in 127 years, will provide much-needed advocate to local jurisdictions across the country, he said, adding that what industrial plant in simoleons may not work in Cheyenne, but the finality reinforced that if we act responsibly, we can both protect the constitutional right to bear arms and keep our communities and our children safe, (2008, June 26) It would plainly be fair to state that the nuisance rate has plummeted since the Supreme court made its stopping point on the Second Amendment.The table beneath essays just the Chicago data and as you can see there is a decline, (2011, Oct 4). When this was first looked at the thought was that if there were more guns out there that this would travail aversion to increase, but this has been proven to be false. This stat bears the question of where there fewer iniquitys because the citizens are now gun owners, and the criminals are aware of this. Do you regain it is because the criminals cultism the laws? I do not think it is because they fear the laws.I truly believe that these criminals are persuasion in the back of their intellectual that if they try to commit a crime against someone who could be armed, and they will retaliate by shooting them in self-defense. This may really make a crim inal rethink this act before he/she commits the crime. Furthermore, I think the fact that the dupe might be so fright and could shoot without thinking and possibly cleanup the perpetrator truly has the perpetrator thinking of this unknown factor, and that makes them more cautious roughly committing the crime in the first place.The following is a chart for the crime grade from 2009-2010, (2010, Dec. 20). As you can see that not only did the pass judgment change in Chicago but the one to a lower place is for the United States as a whole. It was said that the The Supreme Court breathed newfangled life into the amendment when it struck down strict handgun bans in Washington and Chicago and spoke of the inherent right of self-defense. moreover to the dismay of gun rights advocates, judges in recent months have read those decisions narrowly and rejected claims from those who said they had a constitutional right to carry a loaded gun on their person or in their car.Instead, these judges from California to doc have said the core right to a gun is limited to the home. Now, the bailiwick Rifle Assn. is asking the high court to take up the issue this croak and correct the widespread misapprehension that the second Amendments scope does not extend beyond the home. Stephen Halbrook, an NRA lawyer, said some judges have buried their heads in the sand and have refused to go one step further than saying there is a right to have a gun at home. The Brady Center to Prevent Gun forcefulness hailed the trend and called the high courts rulings a stab victory for gun enthusiasts. The gun mansion house has tried to expand the 2nd Amendment into a broad right to carry any type of gun anywhere. And they have been near unanimously rejected by the courts, said Jonathan Lowy, director of legal action. He conceded, however, that this combat is far from over. The uncertainty began with the Supreme Court itself. In 2008, Justice Antonin Scalia said the report of the 2nd A mendment shows it guarantees the individual right to occupy and carry weapons in case of confrontation. But other parts of his 5-4 opinion accented there is no right to carry any weapon in any manner, and that bans on carrying concealed weapons were lawful in the 19th century (Savage, D, 2011) The following stats provided by the FBI provide ammunition on the Supreme Courts decision on the second Amendment. It stated that Despite a grinding recession, reported crime in the United States continues to fall, the FBI said Monday. Violent crime was down 6 percent in 2010 &8212 the fourth consecutive yearly decline, tally to the FBIs Uniform discourtesy Report.Property crime dropped for the eighth year in a row, down 2. 7 percent in 2010. In Pennsylvania, red-faced crime fell 3 percent and property crime ticked down 0. 5 percent. New tee shirt and Delaware reported small drops in violent crime, but increases in property crime, (Moran, R. 2011). These stats show that right to bear arm s did not have a negative assemble on the recession. As I read all the articles and stories while doing my research for this paper, I find that the restrictions imposed on gun ownership appear to infringe on our Second Amendment rights provided to us by the U. S. Constitution.I also feel that there should emphatically be some sort of control on guns, but we should not do this at the expense of what the Founding Fathers wrote in the U. S. Constitution. As what has been previously covered in this paper the mentally ill, convicted felons, or people that have been convicted of violent crimes should be the only ones that are exempt from owning a gun, and I truly feel that this is for the safety of our citizens here in the United States. Furthermore, I think that states should not impose such restrictions and defy all of that states people the right to own a gun.This is not only a direct violation of that persons Second Amendment rights but also a violation of a persons right to imputa ble process under the 14th amendment. Lastly, I truly believe that the extreme laws or gun confiscations are illegal under the US Constitution and these do not work to stop crimes. Reference Anonymous,. The FBI Federal Bureau of Investigation. The Latest Stats Show a Continuing Decline in abomination Preliminary Semiannual Uniform Crime Report, January-June, 2010 (2010,December , 20).Retrieved from http//www. bing. com/images/search? q=FBI+Crime+ rove+Reportingview=detailid=F22BCC735FB3184B04D1C2B36F350ED63CBD086Ffirst=0FORM=IDFRIR Anonymous,. SUPREME address ENDORSES NEW VIEW OF SECOND AMENDMENT Protection. (2008,September). crook Justice Newsletter,3. Retrieved from http//proquest. umi. com/pqdweb? index=6did=1646334181SrchMode=1sid=7Fmt=2VInst= moveVType=PQDRQT=309VName=PQDTS=1322524094clientId=74379 Lott, J. 2011, Oct 4) Chicagos Violent Crime range Plummet After SCOTUS Removes Handgun Ban. Andrew Breitbart Presents bounteous GOVERNMENT. Retrieved from http//biggovernment. com/jlott/2011/10/04/chicagos-violent-crime-rates-plummet-after-scotus-removes-handgun-ban/ Moran, R (2011, September20). Crime rates continue to fall, FBI reports. McClatchy Tribune Business News. 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