GUN CONTROL
Student’s name
Instructor
Department of affiliation
Course
Date
Gun Control
The united states have laws that are both at the federal level while others are at the state level to control guns and their usage. These laws determine transfer, buying, selling, manufacture, record keeping, ammunition, destruction, transport, and the accessories of firearms. These laws are mainly pushed forward and maintained by the state government agencies and the federal bureau of tobacco, firearms & explosives, and alcohol. The second amendment enables individuals to buy and the general control of the gun markets and usage as well as production and the types of guns that can be available in the markets and which ones cannot be allowed in the market. However, even with these regulations, which have been in place for a long time, there are still witnessed shootings. The USA has been rated among the top countries which have mass shootings or individuals use guns in the wrong manner and therefore even the more effort for the individuals and the government to ensure protection. This paper discusses gun laws and gun control in the United States of America.
Firstly, some young people are always amazed by guns, which makes them wish to own guns. Therefore when they reach an age they can own guns, they get to buy their weapons and, in the spirit of adventure and goodwill of personal protection, train themselves to use the guns. With time they become outstanding, and they get to know what is needed to use a gun. However, having a firearm in youth is a problem because when they are agitated or made grossly angry by something, they tend to use their guns to fight back. This leads to more suffering and makes a person unable to own the gun for some time. However, with the correct use of firearms, there is a future of the country whereby the guns are only used whereby there is a critical need for the use of the gun needed (Boylan et al., 2013).
The national firearms act is the act that taxes the transfer and the manufacture of firearms. Federal firearms act of 1938 states that those who must purchase guns should also have the federal government’s approval. This act also protects the public from the wrong people in whose hands if a firearm lands, there can be chaos in the society because there is a likelihood of the guns being misused. An example of this kind of individuals includes convicted felons. This act, therefore, is a significant part of gun control because some people getting guns means that the community around them will significantly suffer. They will most probably think that it is their right to do whatever they wish to regain what they have lost during their conviction hand. Through this, they are likely to hurt the people around them.
The omnibus safety streets and state control act of 1968 increased the age at which a person can own guns up to 21 years and prevent inter-state trade in firearms. This meant that only the manufacturers who could take the guns to the states and not the state could supply guns to another. It also meant that even if a young person was 18 years they could not get a gun because they were probably to misuse it. This is an apparent judgment that a person at the age of 18 cannot use their weapon correctly, but at the age of 21, they are mature enough to do what is right and wrong and use their guns properly (Carter, 2006).
There are also other laws enacted by the federal government, whose discussion continues below. These were to make sure that the guns are safely handled because the selling of firearms can mean violence within America if there are no laws to govern their proper usage. Undetectable firearms act criminalizes the sale of weapons with more than 3.7 OZ of metal content. This means, therefore, only those arms which have fewer sizes could be sold, and it also meant that most people should not detect the firearms if a person carries them (Sparrentak et al., 2018). This was to protect the American society from the effects of people carrying guns around like everyone was a security officer. It also meant that some people and especially children, were frightened when they saw guns, and there was a need to protect them by allowing the public to own guns that were undetectable through sight and other means of being sold. It also meant that a person might have had their loved ones killed using guns, and for their respect and efforts to help prevent them from remembering such issues, this act was passed.
The gun-free schools’ zones act of 1990 emphasizes that a person cannot own a gun within a school environment. This means that the students studying have to be protected to the maximum from such products and items which could make their life very difficult. This act tries to be to the individuals within a school environment a natural setting for learners to grow, interact with one another, and create peace through other means apart from using guns since where a firearm is used most probably there is no understanding there is no peace.
Law enforcement officers’ safety act of 2004 allows law enforcers to carry undetectable guns across states regardless of the state laws, however, with a few restrictions. This law also applies to formerly law enforcement officers since their protection is critical against the public gun owners who can mess with their guns. The closest law enforcement individuals are supposed to arrive at the scene as fast as possible and clear the confusion caused by the wrongful use of firearms. For this operation to be successful, therefore these individuals need to have guns for their protection and training.
Protection of lawful commerce in the arms act of 2005 makes sure that even if a person uses their guns correctly, the blame does not fall under the firearm manufacturer but under the person misusing the firearms. Therefore a person who misuses their weapon is liable for their crimes and not be blamed on the manufacturers. This protects the manufacturers and makes them be able to have peace when operating and continue to produce firearms most of the time. They are the companies that provide the state and the federal government with weapons for security officers and other officers who use guns very frequently. This means that if the manufacturers were sued or many complain about their guns, their production capacity would be interfered with and unable to produce firearms, especially when they are most needed by the states and the federal government (Lester, 1988).
Along with these acts, there also came up with what is known as those allowed to own guns and those who cannot own guns. For example, if a person is a fugitive cannot own guns. Fugitives are those convicted with a sentence of more than one year, whether in the past or present. It also means those individuals who were involuntarily taken to a mental hospital due to mental health issues. The two groups of individuals are termed as very high risks if they are provided with guns. For those taken to mental hospitals, there is a likelihood of a person using the gun to hurt themselves, while the same applies to those sentenced for over one year. However, those convicted have a higher percentage and likelihood of hurting others. In contrast, those taken to mental hospitals have a higher possibility of hurting themselves, and therefore both risks are not desired (Carter, 2006).
Forty-four states have a provision in their constitutions aligned with the second amendment on the ownership of guns. However, states like California, Minnesota, new york, new jersey, Iowa, and Maryland have exceptions (Jacobs, 2002). However, in a new york state, there is a statutory civil rights act that is almost similar to the second amendment.
The history of gun control is also essential to look at and from this, therefore, be able to fully understand what it means to own a gun and where it all began. The first discussion about gun ownership in the united states happened in 1791 when the second amendment was brought into place. However, there has been massive misuse of guns over the past whereby for example, in 1934, there was the valentine’s day massacre. It led to even stricter laws and amendments to be put into place to protect American society and the protection of the manufactures and the government. During this period under president Roosevelt, the national firearms act was brought into the home. It imposed a $200 tax on the manufacture of title II guns. The amount by 2009 was around $4000. The registration of short-barrelled firearms, machine guns, heavy weapons, explosive ordnance, shotguns, improvised firearms, and suppressors was also a must under this act (Sparrentak et al., 2018).
In the 1960s, there were also more amendments due to the assassination of Martin Luther King junior and john f. Kennedy. President Lyndon was the one who pushed Congress for the gun control act of 1968. This act broadened the definition of a machine gun, replaced the EFA, and regulated self-destructive devices like bombs, mines, and grenades. In 2008 McDonald v. Chicago, the court ruled that the second amendment applies against the states. In Caetano v. Massachusetts, the supreme court interpreted the second amendment more clearly. It stated that it applies even to those instruments which are considered arms and which were not in existence during the time of the second amendment (Jacobs, 2002).
Those allowed to own guns include; green card holders, citizens of the united states, lawful permanent residents of the USA, nationals but non-citizens of the united states of America, among other individuals. However, the use of guns comes along with restrictions. Therefore it is complicated to own a gun and use it in the manner a person wishes to serve personal needs without thinking first of the American society (Boylan et al., 2013).
In conclusion, firearms and gun control laws are essential in the allowance of public ownership of guns. This means that, without the above-discussed laws and amendments towards the use of firearms, society is not at peace with one another. People can do anything as long as it serves personal benefits or the benefits of a particular group of individuals in a lawless society. This is made impossible by the laws. Therefore personal protection and defense come as the only and priority in issuing guns to the public. Consequently, it is an integral part of American society, and society needs to hold on to the rules for the safety of each member of the community.
References
Boylan, M., Kates, D. B., Lindsey, R. W., & Gugala, Z. (2013). Debate: Gun Control in the United States. Clinical Orthopaedics and Related Research®, 471(12), 3934-3936.
Carter, G. L. (2006). Gun control in the United States: a reference handbook. ABC-CLIO.
Jacobs, J. B. (2002). Can gun control work?. Oxford University Press.
Van Sparrentak, M., Chang, T., Miller, A. L., Nichols, L. P., & Sonneville, K. R. (2018). Youth opinions about guns and gun control in the United States. JAMA pediatrics, 172(9), 884-886.
