The Evolution of Gun Control

Rights

Gun ControlIn the wake of the horrifying movie theater shooting in Aurora, CO, public discourse on the Second Amendment (the right to bear arms) has flared up once again. Many people think that the incident is more proof that this country needs stricter gun control laws. Others argue that if gun laws were looser, someone in the theater might have had one and could have stopped the shooter. Many people are in the middle, respecting the spirit of the Second Amendment, but pointing out that assault rifles have no real use other than killing and should be banned once again.

So what was the original reasoning behind the Second Amendment, and how does it play out with gun rights today? Here’s a look at both sides of the issue.

The Second Amendment

The Second Amendment was enacted by Congress in December of 1791. The origin of the right to bear arms is thought to be a carryover from English law. For early Americans, this right was primarily for the purposes of militia, law enforcement, self-defense, suppressing insurrection, and defending against invasion. There is controversy, however, as to the intention of James Madison when he drafted the Second Amendment. Some scholars claim that the right to bear arms was “pre-existing at both common law and in the early state constitutions,” whereas opposing historians argue that Madison used the Second Amendment to assure moderate Anti-Federalists that the militias would not be disarmed. To this day, it is up for debate whether the Second Amendment was intended to ensure that citizens would be able to immediately respond to outside threat, or for the purposes of overcoming a tyrannical federal government.

Where You Can and Can’t Buy a Gun

In the U.S., there are certain federal laws that regulate firearms, but state laws are independent of those and are often less restrictive. Though some reciprocity exists between states in terms of gun laws, in most states, you are subject to the gun laws of the state you are in over your home state.

The states that do not have a state constitutional version of the Second Amendment include California, Iowa, Maryland, Minnesota, New Jersey, and New York. These states also have strict laws in place that make it difficult to buy guns online between private parties—a work-around that, in most states, allows nearly anyone to buy guns and ammo. In the above-named states, laws include one or more of the following with regards to private gun sales: bans on private sales, paperwork requirements, a waiting period between purchase and receipt, and outlawing fully automatic assault weapons.

Elsewhere in the U.S., private gun sales through classifieds, in-person, or online have few regulations. Even Craigslist, which officially bans gun sales, is an alarmingly easy source for guns online.

Current Pros and Cons

Though gun control advocates are calling for stricter laws after the Aurora shooting, President Obama has said he is not going to use the event as an excuse to push stricter gun laws. Since the shooting, gun proponents have bought more weapons and hit shooting ranges in greater numbers, arguing that, if an audience member had been carrying a gun in the theater, they could have stopped James Holmes before he was able to kill and injure so many. They also point out that a psychopathic killer without a gun will simply find another way, so gun control wouldn’t have necessarily kept him from killing.

Those in favor of stricter gun control laws, on the other hand, say that Holmes bought all the ammo and guns he used, one of which shot 50 rounds per minute, legally. They also point out that there is no guarantee that someone in the theater with a concealed weapon would have been able to stop the shooter and, in fact, may have caused more injury or death in that dark and enclosed space. Given the many mass-shooting tragedies in the past 15 years, one could argue that easy access to automatic weapons and unlimited ammo puts everyday Americans in unnecessary danger.

Crime and Guns

One of the major arguments of gun rights proponents is that, when ordinary citizens are allowed to own and carry guns, crime will go down because they will have a weapon with which to fight back. And it’s a reasonable argument in many ways—the fact is, horrible crimes have been stopped by citizens with guns. A report just released by the FBI shows that violent crime was down 4 percent in 2011 from the previous year, and was down in both metropolitan and non-metropolitan areas, even though gun ownership increased during that period.

On the other hand, gun-related deaths are still far too high—taking over 30,000 lives annually—and are the number one cause of death among African-Americans between the ages of 1 and 44. Guns increase the chances of death in domestic violence—women are five times more likely to be killed if their abuser owns a gun—and are involved in more than half of all suicides. Gun-related deaths and injuries cost $100 billion per year when both direct and indirect costs are factored in. Finally, statistics show that states with higher rates of gun ownership also have significantly more homicides, particularly gun homicides, than other states.

 

Image courtesy of Joshuashearn.