Pros And Cons Of Gun Control In The United States

Improved Essays
Gun control is the most divisive of all national issues. Citizens seem to be either very pro or very anti gun rights. This division can be seen at a federal level where each state carries their own laws about gun possession, use and ownership as well as at a national level where a different set of rules apply.
The evolution of gun control in our nation began with the creation of the Bill of Rights. This is when the Second Amendment to the Constitution was passed by Congress in 1791 declaring 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.” (AICGS) . Our founding fathers forged the way for citizens to lawfully own guns in order to keep our country free.
…show more content…
This granted federal, state, and local law enforcement officers more control over gun laws in order to better fight crime. This also has created a fight between federal, state and local entities because their laws aren’t always the same. This can be seen in the United States v. Gonzales case, which involved a teenager who was a senior in high school. He brought a loaded gun to school which violated both state laws and the federal Gun-Free School Zone Act of 1990. He ended up caught in a battle between his state government and federal government over whose laws were to be enforced. In the end, the state of Texas won as the US Supreme Court ruled that the Gun Free Safety Zone Act of 1990 was unconstitutional because Congress had exceeded their authority under the commerce

Related Documents

  • Improved Essays

    This means that Congress and the federal government can regulate interstate commerce, but when it comes to intrastate commerce, federal government has no role. That means that the 10thAmendment comes into effect, which declares that any area where the federal government does not have jurisdiction or the constitution does not claim federal power, is left up for the state to decide. United States v. Lopez in 1994 said that the government law that created gun-free school zones was unconstitutional. The court ruled that the law overreached the commerce clause in the constitution, because the law does not have economic motive and carrying a gun in a gun-free zone does not affect interstate commerce. Like the gun-free zone, prohibiting our Montana Firearms Act also oversteps the power of the commerce clause, because the right to regulate our firearms does not have an effect on interstate…

    • 830 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The United States v. Lopez case, presided over by Chief Justice William Rehnquist, dealt with the abilities of Congress to regulate and inhibit activities that may present a potential obstacle to the economic growth of an area. The initial problem emanated from a Texas high school student’s decision to bring a concealed firearm into his school. He was indicted under the Gun-Free School Zones Act of 1990 which falls under the Commerce Clause. The defendant appealed and after judicial review the law was found to be unconstitutional because the action committed was a criminal one that had no effect upon economic development or commerce. In this example, the Legislative Branch did overstep its boundaries because interstate restrictions on certain…

    • 176 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    McDonald vs Chicago is a five-to-four win for proponents of Second Amendment rights. This is the first case in over forty years to address the issue of whether the Bill of Rights is incorporated against the states. It's so important because it incorporates the Second Amendment right of individual gun ownership into the Fourteenth Amendment so that right will apply against the states. It will lead to legal challenges to other state and firearms regulations. And also confines judicially enforceable constitutional rights to only those rights that are deeply rooted in history and…

    • 94 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    • • Devolution is a process in which state activity and improvement is primarily dictated by the individual state through the lessening of federal input on state activities. In the case of welfare, the states have been provided a means for independence from federal dictation through the Personal Responsibility and Work Opportunities Reconciliation Act of 1996. This welfare block grant provides states with funds that are generalized and therefore flexible to the differing problems in each individual state. The effectiveness of the welfare block grant is still disputed from the controversy between variety and organization of aid programs. •…

    • 1819 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    The United States of America’s crime rate is at an all time high. Citizens do not feel safe in their own environments. Placing stricter laws on gun control can help reduce these unfortunate circumstances. The federal law does not…

    • 555 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Bear Arms Dbq

    • 703 Words
    • 3 Pages

    Later the Court of Appeals reversed and directed the court. They later ruled it unconstitutional, to have a total ban on handguns, which violates the second amendment. Regulations on how to store your gun is inappropriate. The point of owning a gun, is self-defense. How are you supposed to defend yourself if your gun is unloaded, bounded, and disassembled?…

    • 703 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Second Amendment of the Bill of Rights states clearly that the people’s right to keep and bear arms shall not be infringed on. This has led to one of the most complicated and volatile issues in America today. People on both sides of this issue have strong beliefs. Some argue that when our founding fathers wrote the bill of rights, the guns were not as deadly as the ones available today. Supporters of the Second Amendment today argue that people’s right should not be infringed on no matter what.…

    • 1041 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Fundamental rights are granted through the Constitution of the United States, and are a part of our liberty and freedom. Also, The Ninth Amendment reads, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. In other words the right to bear arms should not be taken away from anyone. Opponents of gun control consider the right to bear arms in some sense a fundamental right, and having those rights taken away is unconstitutional. Although the Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, it doesn’t protect against felons possessing a firearm.…

    • 3270 Words
    • 14 Pages
    Superior Essays
  • Improved Essays

    Heller. In this case, the problem was that after the District of Columbia passed legislation including the registration of handguns, requiring licenses for pistols, and stating that all legal firearms must be kept unloaded and the trigger locked, a group people said that it took away their Second Amendment right. The people that disagreed with them were private gun owners. The federal trial court said that the Second Amendment only applied to militias and not private gun owners. I think that everyone should be allowed to have firearms because they are good for…

    • 691 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision that held the amendment protects an individual right to possess and carry firearms. In McDonald v. Chicago (2010), the Court clarified its earlier decisions that limited the amendment's impact to a restriction on the federal government, expressly holding that the Fourteenth Amendment applies the Second Amendment to state and local governments to the same extent that the Second Amendment applies to the federal government. Despite these decisions, the debate between various organizations regarding gun control and gun rights continues. However, the amendment has continued to adapt to the different time periods of our country and create safety for our…

    • 609 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Second Amendment In Texas

    • 933 Words
    • 4 Pages

    The United States of America developed the 2nd amendment so that citizens would be able to protect themselves legally against any dangers ahead of them. This civil right was intended under the assumption that citizens would use it to defend themselves under militia structure. However, as time went by the country has begun to use guns for personal protection of individual life and property. The manipulation of this civil right has led Texas legislators to create new gun laws that instead of doing away with guns they lawfully allow their use.…

    • 933 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The right to bear arms has been topic of discussion among people since ancient times. Political theorist John Locke viewed possession of arms as a personal freedom one should abstain. The Second Amendments purpose and meaning has been a key controversy. The Amendment adopted in 1791, was constructed so each state maintained a militia, composed of everyday citizens who served as part time soldiers which were well regulated. People feared the federal government would use its standing army to go against its will on the states, the authors of the second amendment intended to protect the states militias’ right to bear arms.…

    • 1478 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The case leaned upon the Second Amendment of the Constitution and the ruling of the court was that the Second Amendment allows the citizens the right to bear arms for “traditionally lawful purposes” such as self defense in the home, and the court believed the District of Columbia Law infringed upon those civil liberties guaranteed by the Constitution. Similarly, in the court case of McDonald Vs. Chicago, there was a Chicago law that banned handguns in one's home, but once again the court ruled that the Second Amendment guarantees this right and that the law infringed upon it. In addition to the Second Amendment, they also referred to the due process clause which states, “N]or shall any State deprive any person of life, liberty, or property, without due process of law…” This means that a state cannot infringe upon the immunities and grants that the Constitution guarantees U.S…

    • 942 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In the past few decades, firearms have had a big impact on society. These impacts have been both good and evil, and have caused controversy on the topic of gun ownership. Some groups, such as the Brady Campaign, would like to see gun control laws take away some rights and restrict others, whereas the National Rifle Association would like to protect gun rights and educate society on the use of firearms. Both sides want to stop the problem of gun violence, but protecting gun rights is the only way to truly insure public safety. Gun control will not be able to stop the use of guns, and it will put citizens in an unfair situation where they cannot protect themselves.…

    • 1808 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    The Gun Control Act of 1968 prohibited the sale of guns to several types of individuals consisting of minors, people with criminal records, disabled, illegal aliens, dishonorably discharged military personnel and others. In 1993 the Act was changed by the Brady Handgun Violence Prevention Act. This Act said that background checks for all unlicensed carriers had to be done before they could purchase any firearms from a licensed dealer. However, there has been discussion that there is a “gun show loophole” in the Firearms Owners Protection Act of 1986 which allows all people, including convicted felons, the ability to purchase guns without a background check. While many people have decidedly formed opinions on gun control, the debate is complicated…

    • 1238 Words
    • 5 Pages
    Improved Essays