Gun Control vs. Gun Rights Essay

8911 Words Dec 12th, 2010 36 Pages
Running Head: GUN CONTROL VS. GUN RIGHTS

Gun Control vs. Gun Rights
By
Robert Marlow

For

CJ 450 Senior Seminar

Dr. Michael Eskey

Park University
September 2009


Abstract
Gun control and gun rights have been an issue that has been debated for decades. Whenever there has been a mass shooting of any magnitude, it seems that the debate heats up even more. Consideration must be given as to what the benefits are of these gun control laws. Gun control laws must also be written as to not violate the Second Amendment of the Constitution as well. There have been many studies accomplished to determine if gun control laws actually do reduce the amount of violent crimes. These studies have discovered that there is no link
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This right is the Second Amendment and it 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.” (Supreme Court of the, 2008)
As with everything else within our Constitution, this right is left largely open to interpretation. As it reads, it leaves the question as to only a regulated Militia has the right to keep and bear arms, not the average citizen. Others have interpreted as everyone has the right to bear arms, not just a regulated militia. Over the years, it has been left up to the Supreme Court to determine what the true meaning of this right really is. For the most part, the Supreme Court decided that everyone had the right to bear arms. This particular right went unchallenged until the high court received the case of District of Columbia v. Heller in 2008. This case came to the high court because a police officer that lived in Washington D.C. could not have a handgun while off duty due to the gun control law that was in place. Washington D.C.’s gun control law stated that “all lawfully possessed guns to either be stored disassembled or with a trigger lock in the home” ("The Case for," 2007) violated the Second Amendment rights of individuals who are not affiliated with any state militia, but who still want to keep handguns, along with other firearms for personal use in their homes. The court held “that the Second Amendment protects an…