Gun politics in the US
Gun Politics in the United States
Constitutional Issues
The private ownership of guns is an especially contentious political topic in the United States, where the Second Amendment to the U.S. Constitution 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.
The meaning of this text remains fiercely debated, with some saying that the amendment only refers to official bodies under government control (such as the National Guard) and others saying that the amendment always guaranteed the right of independent individuals to possess and carry firearms. The first side argues that only "well regulated militia" have the right to keep and bear Arms. Others say the phrase "the people" uncontroversially applies to individuals rather than an organized collective everywhere else in the Bill of Rights. They point out that in the following statement books could not be restricted to University graduates only:
"A well graduated Academia, being necessary to the prosperity of a free State, the right of the people to keep and bear Books, shall not be infringed."
Earlier drafts of the United States Bill of Rights had much lengthier text that was trimmed as part of an overall effort by the Framers to shorten a document that was then perceived to be too wordy. Some constitutional scholars ascribe significance to these drafts, which tend to support a broader application of the Second Amendment. The constitutions of over 40 states provide more clearly written protection for the individual right to firearms ownership.
Gun rights advocates point to the writings of the Founders to indicate that the intent of the Second Amendment was to assure that the ordinary individual citizens of America would have the freedom of choice to own whatever sorts of weapons they wished.
The US Supreme Court has never directly ruled on the actual meaning of the Second Amendment despite having had a variety of opportunities to do so. Gun rights advocates point out that the court has made statements that refer to this right as an individual right. These statements are found in cases unrelated to the Second Amendment. Gun control advocates point out that the US Supreme Court has never taken a Second Amendment case and used it to strike down any gun control law. The de facto position of the Executive Branch from 1934 until 2002 was that the Second Amendment protects a collective right. In 2002, Attorney General John Ashcroft and Solicitor General Theodore Olson announced their interpretation that the Second Amendment protects an individual right to bear arms.
For some of the opinions from the US Supreme Court which mention the right to keep and bear arms as an individual right of citizens, see cases: Dred Scott v. Sandford (1857, U.S. v. Cruikshank, Casey v. Planned Parenthood (1992), Johnson v. Eisentrager, Poe v. Ullman, Konigsberg v. State Bar, Duncan v. Louisiana, Laird v. Tatum, Spencer v. Kemna (1998), Albright v. Oliver and U.S. v. Verdugo-Urquidez.
Other Issues
Certain local jurisdictions, such as New York, had begun trying to restrict firearms ownership from minorities with registration schemes as early as 1911 and the former slave states had tried to prohibit black Americans from owning any sort of firearms starting shortly after the 13th Amendment was enacted officially freeing all slaves in 1865.
Some gun control advocates claim that only those types of weapons available to the public at the time the Second Amendment was ratified are protected by the Second Amendment; thus, they claim, Americans should only be allowed flint-lock muskets.
While the technology of firearm known to the Framers was primitive by comparison to today's weapons, individuals at that time were free to own a greater amount of destructive force than today. At the time of the nation's founding, individuals were free to own any weapon known, including cannons, field pieces and even fully-armed warships of the day. In fact, up until the National Firearms Act of 1934, ordinary Americans could lawfully own any weapons available anywhere, including anything the US military used, such as tanks, artillery, bombs and even high-explosives. No licenses and no registration were required.
Most people on both sides agree that so-called "Weapons of Mass Destruction" (i.e., biological, chemical and nuclear weapons) cannot have any legitimate purpose in the hands of individual and that even in non-hostile hands these weapons pose a serious threat due to the risk of even simple accidents during storage or transport. As such, most agree that even the broad protections of the Second Amendment for the right to keep and bear arms do not apply to "WMD's".
However, a few on the gun-rights side (notably Vin Suprynowicz) point out that all American government powers originate with the people. Therefore, they argue, if the American government has the power to own WMDs, the people must have the same power or else they wouldn't have been able to give it to the government.
There are many positions held on this debate, including the belief that gun ownership is currently overregulated, the desire to further regulate guns without banning them, and the wish to ban ownership outright. Gun rights and gun control advocates disagree upon many issues. Key disagreements include:
- Did the Framers intend for the Second Amendment to apply to individuals or only to government bodies such as States?
- What does the word "militia" refer to—state forces such as the National Guard, or the entire able-bodied citizenry?
- Should the Second Amendment enjoy Fourteenth Amendment incorporation?
- Does existing gun control legislation infringe upon the Second Amendment?
- How many crimes are prevented and lives are saved due to the availability of firearms?
- How many crimes are caused and lives are lost due to the availability of firearms?
- Should the government have the right to restrict or regulate gun ownership?
People on both sides claim that the gun rights lobby is among the most effective and organized single-issue political groups in the United States. However, in-spite of that common perception and the best efforts of the gun rights lobby, the gun control/gun ban lobby has still managed to enact many gun control laws.
The National Rifle Association (NRA) is the largest and best-known gun rights and gun sports advocacy group. Originally formed in 1871, after the American Civil War, to promote marksmanship skills among the general population, the NRA was mainly a shooting-sports association made up of small, local clubs. It became a powerful lobbying force after the passage of the Gun Control Act of 1968, which made gun control a national issue. Virtually all pro-gun control groups see the NRA's positions as extremist, especially since Wayne La Pierre became the de facto policy maker at the NRA, bringing with him a more hard-line stance towards gun rights than the NRA held in the past.
In contrast, the other national gun rights groups generally take a much harder line than the NRA. These groups criticize the NRA's history of support for various gun control legislation such as: the Gun Control Act of 1968, the ban on armor-piercing projectiles and the point-of-purchase background checks (NICS), to name a few. The Second Amendment Sisters, Jews for the Preservation of Firearms Ownership, The Pink Pistols and Gun Owners of America are among the groups in this category.
While gun control is not strictly a partisan issue, there is more support for gun control in the Democratic Party than the Republican Party. Traditionally, regional differences are greater than partisan ones on this issue. Southern and Western states are predominantly pro-gun while coastal states like California, Massachusetts, and New York favor gun control. Other areas, including the Midwest, are mixed.
Some questions of regulatory policy include:
- Types of firearm –Should some types of firearms be regulated differently than others?
- Criteria of eligibility – Are there criteria that disqualify a person from owning firearms? (Possible criteria include age, mental competence, firearm training, and felony conviction)
- Background checks – Should there be background checks made to verify eligibility to own a firearm? Who should make them, and should there be a waiting period before a firearm can be sold?
- Registration – Should all firearms and firearm owners be registered? If so, how may the registration information be used, and who should have access to it?
- Concealed weapons – Should carry of a concealed weapon be regulated? If so, should concealed carry be regulated separately from ownership, and if so, how?
- Enforcement –Once firearms policy is decided, will it be official policy to enforce these laws and how can they be enforced? (refer to Janet Reno's published statements regarding the near zero enforcement of firearms laws against known criminals as not being a priority)
Prominent organizations and individuals
influential individuals include:
- Gary Kleck
- Arthur Kellermann
- John Lott
- David Mustard
- Michael Bellesiles
- Clayton Cramer
The field of political research regarding firearms suffers from the same contention as the issue of firearms itself. Almost every prominent researcher has seen their works attacked by those uncomfortable with their conclusions, and some have had their work investigated as academic fraud. Nonetheless, some influential individuals include:
- Gary Kleck
- Arthur Kellermann
- John Lott
- David Mustard
- Michael Bellesiles
- Clayton Cramer
Some prominent advocacy organizations in this field:
- National Rifle Association
- Second Amendment Sisters
- Jews for the Preservation of Firearms Ownership
- Gun Owners of America
- Pink Pistols - A gay gun rights advocacy group
- rkba.org
- Handgun Control
- Gun Control Network
Additional Links
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The gun control issue in the United States is a highly contentious one (see gun politics). The right to own a weapon is enshrined in the United States Constitution, in the Second Amendment
In some cases, no term for an element of a highly contentious issue exists that is considered fully neutral by both sides. In these cases, the most neutral term is used.
The term "gun control" refers to attempts by society (generally by government or "the State") to limit the possession, production, importation, shipment, sale, and/or use of "guns" -- in this context, generally personal firearms: handguns and long guns. Weapons normally produced and intended for military and paramilitary (e.g. SWAT team) use, such as fully-automatic weapons, are especially contentious.
Gun control laws
Fully automatic weapons have been restricted in the United States since the National Firearms Act of 1934. Private owners must obtain permission from the US Treasury Dept., pass an extensive background check, fully register the firearm and continually update the owner's address and location of the firearm and pay a $200 transfer tax. Some states require state permission as well. Otherwise, they are available only to police or military personnel.
There are only a few hundred thousand lawfully owned fully automatic weapons. The bulk of these are owned and used in the motion picture industry.
The Clinton administration BATF study of illegal firearms in the black market estimated that as many as 4 million illegal fully automatic firearms had either been illegally smuggled into the USA or illegally constructed within the USA. No new legal full-autos have been manufactured for the civilian population since 1986, causing the economic rules of supply and demand to drive the prices of existing automatic weapons well above the cost of manufacturing and distributing them. See also: Assault weapons ban (USA).
In the U.S., the major federal gun control legislation is the 1968 Gun Control Act, passed shortly after the assassinations of President John F. Kennedy and Dr. Martin Luther King. The act required that guns carry serial numbers and implemented a tracking system to determine the purchaser of a gun whose make, model, and serial number are known. It also prohibited gun ownership by convicted felons and certain other individuals. The Act was updated in the 1990s, mainly to add a mechanism for the criminal history of gun purchasers to be checked at the point of sale.
A patchwork of laws exists at state and local levels, with the state of Illinois, Washington, DC, and the city of New York having among the more restrictive limits; New York's Sullivan Act was passed in 1911. Many states implemented criminal background checks or "waiting periods" for handgun (pistol and revolver) purchasers in response to the gun control lobby in the 1980s. More recent lobbying efforts have resulted in the passage of laws making it a crime to leave guns in locations accessible to children.
Recent changes in the political landscape have brought about legislative initiatives to make it legal for common citizens to carry concealed guns with them for defense. Most states have various requirements for training and licensing for concealed carry. The notable exception is Vermont, which has never had any such restrictions in its history. In 1987, Florida became the first state to liberalize its concealed carry regulations, making it possible for almost any law-abiding citizen to obtain a permit to carry. Many other states have followed, for a total of 36 states having such laws on the books as of September 2003.
Like Vermont, Alaska has no requirement for a license or permit for any lawful gun owner to carry concealed handguns in public. However, unlike Vermont, Alaska has issued such permits to its residents in the past, and continues to issue new permits. There are two reasons for this. First, several other states honor Alaska's permits, while no state recognizes the concealed carry rights of non-residents without permits, even if carry without a permit is allowed in the person's home state. Second, Alaska's permit meets the federal criteria to exempt its holders from federal background checks to purchase firearms.
The status of these laws in the USA has changed dramatically since 1986, as seen below:
1986 - 8 shall-issue states, 20 may-issue, 21 no-issue, 1 unrestricted.
2003 - 36 shall-issue states, 7 may-issue, 5 no-issue, 2 unrestricted.
Debate
Self Defense
Both sides actively debate the relevance of self-defense in modern society. Some scholars, such as John Lott, author of More Guns, Less Crime, claim to have discovered a positive correlation between gun control legislation and crimes in which criminals victimize law-abiding citizens. Lott asserts that criminals ignore gun control laws, and are effectively deterred by armed intended victims.
Advocates of gun control, however, assert that because criminals obtain guns by stealing them from law-abiding gun owners, restricting their availability would decrease supply to the criminal element.
Advocates of rights to gun ownership (gun rights) counter that since law abiding gun owners vastly outnumber the criminals who steal guns, the only way to eliminate this avenue of criminal gun ownership is to fully disarm all law abiding gun owners. Even then, just as with illegal drugs and illegal full-autos, the criminals would continue to smuggle guns into the USA from other nations. The Scotland Yard report on the illegal importation of firearms into the U.K., following the near total gun ban in that nation, is cited as an example of what happens when firearms are banned for law abiding citizens. The USA experience with Alcohol Prohibition and the current "War on Drugs" being other prime examples cited by gun rights advocates.
Non-defensive uses of guns, such as hunting, varmint control and the sport of target shooting, are often lost in the debate despite being the most common reasons for private gun ownership.
Despite the fact that no links to liberalized concealed-carry laws and increasing rates of crime have been demonstrated, these laws are still highly contentious. However, no state has seen cause to outlaw Concealed Carry again.
The numbers of lives saved or lost by gun ownership are hotly debated. Problems include the difficulty of accounting accurately for confrontations in which no shots are fired, and jurisdictional differences in the definition of "crime". For example, some have argued that American statistics tend to over-count violent crimes, while English statistics tend to under-count them.
Proponents of gun control frequently argue that carrying a concealed pistol would be of no practical use for personal self-defense. Proponents of gun rights argue that in the US, there are up to 2.5 million incidents per year in which a lawfully-armed citizen averts a crime by confronting a would-be attacker with a loaded gun. Those who advance these statistics point out that the deterrent effect would disproportionately benefit women, who are often targets of violent crime.
Accidents
Gun control advocates insist that personal guns are an avoidable source of domestic accidents. The number of domestic accidents involving guns is hotly debated, however. For example, a commonly cited statistic concerning "child gun deaths" includes fatalities of individuals up to 25 years of age, including gang members and armed criminals. The American National Safety Council reports that there were 214 unintentional firearms-related deaths among Americans aged 0-19 in 1999, and a further 83 deaths where the intention could not be determined.
Security against tyranny and invasion
Another position taken by gun rights advocates is that an armed citizenry is the population's last line of defense against tyranny by their own government. They point out that many soldiers in the American Revolution were ordinary citizens using their privately owned firearms. Gun control advocates answer that it is unrealistic to suppose that private citizens could oppose a government which controls the full power of the US Armed Forces, were it to become tyrannical. Also, it is claimed that the people's power to replace elected officials by voting is sufficient to keep the government in check.
Indeed, there may be a historical regularity in that totalitarian regimes pass gun control legislation as a first step of their reign of terror. The sequence is supposed to be gun registration, followed some time later by confiscation. Nazi legislation is the most famous example of this sequence, but it also occurred in Marxist regimes.
However, this does not indicate that gun controls inevitably lead to totalitarianism. Gun control advocates point out that countries such as the United Kingdom, Japan and Australia have strict controls on gun ownership with democratic systems of government and low crime rates.
Invasion by hostile outside forces is another reason gun rights advocates oppose registration. If captured, the associated records would provide invaders with a means of locating and eliminating law-abiding resistance fighters. Location and capture of such records is a standard doctrine taught to military intelligence officers. Registration aside, gun rights advocates point out that an armed citizenry is a strong deterrent against a foreign invasion.
The Second Amendment
In the U.S., some of the controversy surrounding this issue is based on interpretation of the Second Amendment to the U. S. Constitution, which (according to gun control advocates) protects the "right to keep and bear arms" only as it relates to "a well-regulated militia," and (according to gun rights advocates) is an absolute guarantee of the individual right to keep and bear arms.
Positions in the Debate
In fact there are many positions, including those who wish to regulate guns without banning them.
Various terms have been used to describe each side, ranging from positive to neutral to (deliberately?) uncomplimentary:
- gun control advocates
- victim disarmament lobby
- gun control lobby
- gun control freaks
- gun control fanatics
- gun rights advocates
- gun grabbers
- gun nuts
- gun lovers
- gun lobby
On December 1, 2003 the United States Supreme Court refused to hear a Second Amendment challenge to California's Assault Weapons Ban. The High Court's action leaves undisturbed an earlier ruling by the United States Court of Appeals for the Ninth Circuit, in Silveira v. Lockyer, upholding the California statute.
See also
External links
Referenced By
Gun/Politics | Gun Control | Gun Control Act | Gun Control Act of 1968 | Gun Politics | Gun rights | League of Women Voters | National Firearms Act
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