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Gun Control: States Or National?

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by

Aakshi Agarwal

on 18 December 2013

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Transcript of Gun Control: States Or National?

Historical Context
In 1934, Franklin D Roosevelt passed the National Firearms Act
The intent was to eliminate gangster culture and automatic fire weapons
Within this, all gun sales and gun manufacturers were taxed $200 (which is $2, 525 today)
This also made all buyers fill out paperwork
It was the first real restriction
POLL DATA
CONFLICT
The second amendment states:
Who should regulate gun laws: states or federal government?
Gun Control: State Or Federal?
Statistics
According to a CNN Poll 37% of Americans think that gun violence is caused by the way a person is raised, and
Another 37% believe it is caused by influence of popular culture. (A study has shown that gun violence is more abundant in PG-13 movies, than R-rated movies)
Though 55% of people favor stricter gun laws, 61% of people still believe stricter gun laws will not reduce gun violence.
" 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."
Laws limiting guns and ammunition would cause conflict because the Second Amendment states it is our right to keep and bear arms.
According to the Bureau of Justice statistics, 40% of criminals who have firearms, obtained them from an illegal source.
68% of murders are committed with a firearm
Controversy between states and federal government
People argue limits on guns would make it harder for law-abiding citizens to exercise there Second Amendment.
The black market for guns would be much bigger.
Historical Context Cont'd
States
Some states have very strict gun laws (CT) and other states do not like Utah, who allows for open carry of unloaded firearms without a concealed firearm permit. Utah does require a permit to carry a concealed firearm.
National Right-to-Carry Act- (introduced by Florida Rep. Cliff Stearns) would require all states to honor weapon permits issued by any other state.
Laws won't solve the problem of bad guys with guns.
People that have high power guns legally may refuse to give up there guns.
Federal
Technically does not have the right to have control over gun laws.
In violation of the 10th amendment which allows states to pass laws regulating any matter the federal government has not ruled on, including firearms.
Does Congress even have the power to regulate gun control? ( It seems that many gun-rights advocates and opponents have forgotten their basic civics in assuming that Congress can act as long as 51 percent of the members agree.)
Current Status in America
The 2nd amendment was adopted in 1791 and gives citizens the right to "bear arms"
The NRA was founded in 1871 to "promote and encourage rifle shooting"
In 1938, the Federal Firearms Act made it so anyone who wanted to buy firearms needed to obtain a license and pay a $1 annual fee
In 1968, the gun control act was enacted in response to the JFK assassination.
It expanded licensing dealers, made it illegal to to mail order long guns, and it also established that convicted felons, drug users, and the mentally ill can be prohibited from possessing firearms.
In 1986, the Hughes Amendment to the National Firearms Act made it illegal to sell automatic firearms after May 18th, 1986
In 1990, the Crime Control Act established gun-free school zones and penalties for those carrying or discharging firearms in these zones.
In 1993, the Brady Handgun Violence Protection Act was passed to establish a five day waiting period and mandatory background check for handgun purchases as well as setting up the National Instant Background Check System (NICS) that is used today for every purchase performed through an FFL dealer.
In 1994, the Violent Crime Control and Law Enforcement Act served to ban specific semiautomatic firearms and other firearms based on outward appearance.
In 2007, the NICS Improvement Act was passed in response to the Virginia Tech shooting.
The purpose was to expand funding for NICS and to encourage states to submit mental health records to the NICS index.
In 2008's DC v. Heller, the Supreme Court struck down D.C.'s handgun ban, and upheld the the individual right to bear arms, and clarified that it extends to arms that are in "common use at the time" but did not cover "dangerous and unusual weapons."
In 2010, McDonald v Chicago, The Supreme Court struck down Chicago's handgun ban as unconstitutional, further building off of the Heller decision and extended the Second Amendment to individual states.
What should be done about
gun control
?

In our opinion, national government should have some control over gun regulation.
We feel they should be able to manage what type of guns are licensed and sold
Very powerful guns that are not necessary for hunting or protecting homes should not be granted to citizens
This still allows gun owners the freedom to use other licensed guns in whatever state they choose
Having strict laws on all legal guns in all 50 states established by the federal government will not stop a criminal from getting a gun, and will only really disadvantage law-abiding gun owners
The current status in America is states have the right to govern gun laws independently.

Following the tragedy at Sandy Hook Elementary School in Newtown, the state of CT passed further legislation to control gun sales.
Legislation on a federal level was proposed including an assault rifle ban to be reinstituted, high magazine ban, emphasis on background checks, etc, though nothing substantial was passed.
Shortly after Sandy Hook, polls were as high as 90% approval rate in regards to gun control. The number is at 52% currently.
109 laws passed regarding gun control since Sandy Hook on state levels. However, only 39 enforced regulation while the remaining 70 losened such regulations. Gun-right lobbyist have spend 12.2 million dollars since.
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