For years gun control advocates pushed for a law passed by the federal government. For years this has not worked as the government has not wanted to touch the matter and have potential backlash. Although the federal government has not done much and does not seem to be doing anything any time soon, the states have huge potential to start the change. State governments can decide what laws can be passed and how serious their guns laws will and should be.
With having many different keywords and phrases in our society this can also show how each state takes the second amendment into their own hands. The states I found had the most interesting gun laws are New York, New Mexico, and Texas. These three states have very different gun laws. New York residents do not have to have a permit to purchase any rifles or shotguns but handguns do need a permit. The permit application has great depth when applying. “The applicant must have good moral character, at least 21 years of age, clean criminal record, and no history or evidence of mental illness or addiction to drugs and or alcohol. Although these are the laws in New York, the urban areas in New York are allowed to adopt their own policies and laws if their population exceeds 100,000 people (Laws 3).” New Mexico has very weak gun laws with very few regulations on concealed weapons. There is no permit required to purchase rifles, shotguns, handguns, or pistols. The residents of New Mexico are not required to have registration on rifles, shotguns, handguns, or pistols. The residents do not have to have a license. There are no permits required under the concealed carry law to carry a rifle or shotgun. On the other hand, concealed handguns or pistols must have a permit to carry. The resident must be
The Second Amendment to the United States Constitution is a part of the Bill of Rights that guarantees the right of the people to keep and bear arms. This amendment, adopted on December 15, 1791 along with the rest of the Bill of Rights was created or several reasons. One is to ensure citizens’ rights to own a firearm. This topic has become one of the most controversial topics over the last century. It has led more debates over the rising violence in society today. For example, what role firearms play in violence, how to control the sale of weapons, and how to put an end to all violence involving guns. Guns are regulated by federal, and state, legislation. There is little, if any uniformity state versus state. The major regulatory issues are child access and prevention laws, concealed weapon carry laws, regulation on private sales to minors, regulating all secondary used market sales, ownership or purchase of ‘assault” type weapons, one handgun a month law, ban on Saturday Night Specials and others of this type, preemption, and waiting periods of ownership. The key question to control is when will it be enough. How many laws are they going to make before they ban gun sales to law-abiding citizens altogether. The Second Amendment was written for specific reasons. It was not written for them to come back and add all these provisions to it. These
Gun control is one of the oldest laws dating back to the early 1800’s. It was approved in the southern part of the United States. During this period, the Georgia administration banned handguns, but the Supreme Court cancelled the law after some time due to the second amendment. The second amendment of the United States which says “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.” has secured certain gun rights for Americans for more than two centuries. But, over the past years, more laws have been made regarding the purchase and usage of guns.
“The boundaries of the Second Amendment do not coincide with the boundaries of gun control” (Blocher and Miller, 2016, p.296). Guns and the idea of gun control have been a high valued topic, between the Federal Government and state governments since the beginning of the 20th century. How strictly guns should be regulated is a common topic between the Federal Government and state governments, especially with the increase in mass shootings over the years. Although there are regulations set by the Federal Government, most of the time, it falls on state governments to mandate guns because it is easier for each state to determine what is best for it and the people that live there. State governments are more closely related to the people in
Gun regulation has been a controversial topic since they were first established as a weapon. People for and against gun regulation provide strong arguments for their side. Gun regulation has fluctuated over time due to changes in office. Being a democracy prevents us from having consistency. As a nation we continue to change regulations on guns because of the different views our democracy allows us to have. The main aspects pose the most problems in gun control are violence, illegal sale of guns, and mental health checks.
The reason why our nation is allowed to bear a large quantity of firearms is due to the Second Amendment of our constitution, which specifically 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." (U.S. Const. am. 2) Because of how vague this amendment is when it comes to law interpretation, it is often used by gun advocates to argue for lenient gun laws. Even though the Second Amendment prevents the federal government from completely banning guns in America, there are still restrictions on the distribution and possession of firearms. Each of the states have their own specific gun laws but generally, a person must obtain a license or permit to purchase or possess a firearm. Also, another thing to note is that all states allow some form of concealed carry, which is carrying a concealed firearm in public. Despite the laws that allow the bearing and distribution of guns, society has multiple viewpoints concerning the usage and appropriateness of the freedom of having the "right to bear arms."
Gun control laws are the government’s way of regulating the manufacture, sale, transportation, possession, and use of firearms. In our world today, we face the vast controversy of gun control and who should be able to possess a destructive firearm, and under what conditions. These laws differ significantly around the world, and in fact the laws in the United States vary by state. Supporters of strict gun laws argue the dangers of allowing citizens broad rights to possess firearms. Opponents claim that they wish to have a source of defense in their home, and also that certain regulations may violate their individual rights. Gun control laws are protected by the second amendment in the Bill of Rights, the right to bear arms. “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.” The bill guarantees Americans the
Gun control should be implied more than it is now. More gun laws should be created in order to tame society. Americans own over 300 million guns. According to (Everitt,Ladd) the author of the article “Does the U.S. Need Tougher Gun-Control Laws?” There are 99 gun deaths a day and some who committed the crime were not eligible to obtain or carry a weapon. More teens are being killed with guns than any other crime. Teens are not eligible to obtain guns due to the age requirement that is 21 years of age with a background check. There are gun show loopholes were 18 year olds can go and buy a gun without a license and background check. “The major cities chiefs association endorses closing the gun show loophole” according to Richard Perez-Pena the
Gun laws of the United States are found in a number of federal statutes. These laws are put in place to regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, firearms accessories, and ammunition. The right to keep and bear arms is protected by the Second Amendment to the United States Constitution. However, you have to be eligible to possess and own firearms within the United Sates. I feel that it is good to have laws in place when it comes to firearms. You don’t want just anyone to be able to purchase a firearm. For example children ages below 18, people with mental illness, felons, etc.… It is a privilege to be able to protect yourself but there are laws in this world and they are there for a reason; the protection of all
We have all heard of all the tragedies throughout the country regarding guns. According to the President (2013) "We know that we cannot stop every act of violence with guns, but what if we tried to stop even one?" Weapon controls in the U.S. is structured at a state level and each state has their own restrictions on gun control. In different parts of the nation, there is significantly more resistant to firearm laws. For instance, in Texas, the gun law permits individuals to carry handguns on their side like in the cowboy era. In Kansas, firearm owner is not required to have a permit to concealed weapon. In Missouri there is not required that a gun salesman to have a background check or a waiting period. However, there is a requirement to take a gun class, once you pass the class a buyer can purchase a gun then register it with the sheriff department. In California a person can petition the court to remove a firearm from a family member capable of violence.
All 50 states allow a conceal carry on the same level but only a few are more restrictive than other. I think this is the issue at hand and can be an issue if the federal government doesn’t fix it. So, to answer the question, who regulates gun control – federal government or the individual states? The federal government regulates the gun control but without being specific on the gun regulations, the individual states can form gun laws that restrict a person from possess or carrying a firearm. It’s not right but, there is no clear definition in the Constitution that states that the individual states cannot make laws on how to obtain a firearm or a carrying permit.
When it comes to the United States, (U.S), the majority of the American people love their seconded amendment rights. As stated in the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, the second amendment of the United States Constitution, for the most part, protects the U.S. citizens rights to “keep and bear arms” (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 167). That being said, each state in the U.S. will vary in their firearms laws. For instance, some states make it easier for their residence to purchase or use a firearm; other states may have stricter laws that require a more scrutinized screening process. To be more specific, most states vary in elements, such as the exceptions to the National Instant Criminal Background Check System, or NICS, the waiting period on purchasing firearms; if someone needs a license to own or purchase a gun; if registration is required; and if a record of the firearm sales is sent to the local police. Other factors that will differ from state to state would include, if some firearms are permitted or not allowed to be sold or owned by a state, the concealed carry laws, hunter protection laws; range protection laws, and finally, not all states have firearm injury lawsuit preemption.
Gun laws control the types of firearms purchased, and designate the qualifications of those who may purchase and own a firearm. The types of firearms sold and bought depends on the gun laws. Many firearms sales are not allowed to be sold to the average person because of the damage they could cause and the intensity of the weapon. One big factor in increasing gun control allows for the qualifications of those who buy guns to increase also, making it hard for criminals or mentally ill to purchase a gun. It would still allow for a good portion of people to buy and own guns but the process may take a little longer. Gun laws also restrict when and where you can use guns. In the past it was very clear that people could not carry them without the proper training and license, now many gun laws have been changed and allow citizens to open carry, or conceal