Read This Argument Against Gun Control Share The political debate over gun control legislation and regulation in the United States has typically turned on the interpretation of the Second Amendment being proposed by the individual or group making the argument, and from then on to the applicability found by that argument of the Constitutional provision to the exigencies of modern American life. Individuals against gun control, in part or in whole, are typically identified in terms of American political discourse with the conservative, rightward side of the U. The anti gun control argument generally produced by conservative-leaning activists, commentators, and politicians has also appealed to the notion of firearms possessing a traditional place in American culture.
History[ edit ] Calamity Janenotable pioneer frontierswoman and scout, at age The American hunting tradition comes from a time when the United States was an agrarian, subsistence nation where hunting was a profession for some, an auxiliary source of food for some settlers, and also a deterrence to animal predators.
A connection between shooting skills and survival among rural American men was in many cases a necessity and a ' rite of passage ' for those entering manhood.
Therefore, the armed citizen-soldier carried the responsibility. Service in militia, including providing one's own ammunition and weapons, was mandatory for all men.
Yet, as early as the s, the mandatory universal militia duty evolved gradually to voluntary militia units and a reliance on a regular army. Throughout the 19th century the institution of the organized civilian militia began to decline. Closely related to the militia tradition is the frontier tradition, with the need for self-protection pursuant to westward expansion and the extension of the American frontier.
Two direct attempts to disarm the colonial militias fanned what had been a smoldering resentment of British interference into the fires of war. The Gunpowder Incident was eventually settled by paying the colonists for the powder.
Commonwealth which evaluated the right to bear arms in defense of themselves and the state pursuant to Section 28 of the Second Constitution of Kentucky The right to bear arms in defense of themselves and the state was interpreted as an individual right, for the case of a concealed sword cane.
This case has been described as about "a statute prohibiting the carrying of concealed weapons [that] was violative of the Second Amendment". The Kentucky court held that "the right of citizens to bear arms in defense of themselves and the State must be preserved entire, Buzzardthe Arkansas high court adopted a militia-based, political right, reading of the right to bear arms under state law, and upheld the 21st section of the second article of the Arkansas Constitution that declared, "that the free white men of this State shall have a right to keep and bear arms for their common defense",  while rejecting a challenge to a statute prohibiting the carrying of concealed weapons.
The Arkansas high court declared "That the words 'a well regulated militia being necessary for the security of a free State', and the words 'common defense' clearly show the true intent and meaning of these Constitutions [i.
This being the case, then the people, neither individually nor collectively, have the right to keep and bear arms. Reconstruction era This section may require cleanup to meet Wikipedia's quality standards.
The specific problem is: Garfield With the Civil War ending, the question of the rights of freed slaves to carry arms and to belong to militia came to the attention of the federal courts.
In response to the problems freed slaves faced in the Southern states, the Fourteenth Amendment was drafted. Bingham of Ohio used the Court's own phrase "privileges and immunities of citizens" to include the first Eight Amendments of the Bill of Rights under its protection and guard these rights against state legislation.
One particular concern was the disarming of former slaves. The Second Amendment attracted serious judicial attention with the Reconstruction era case of United States v.
Cruikshank which ruled that the Privileges or Immunities Clause of the Fourteenth Amendment did not cause the Bill of Rights, including the Second Amendment, to limit the powers of the State governments, stating that the Second Amendment "has no other effect than to restrict the powers of the national government.
Constitution, which would include the Second Amendment, "following John Randolph Tucker 's famous oral argument in the Chicago anarchist Haymarket Riot case, Spies v. Though originally the first ten Amendments were adopted as limitations on Federal power, yet in so far as they secure and recognize fundamental rights—common law rights—of the man, they make them privileges and immunities of the man as citizen of the United States Supreme Court consistently ruled that the Second Amendment and the Bill of Rights restricted only Congress, and not the States, in the regulation of guns.
It was passed after Prohibition -era gangsterism peaked with the Saint Valentine's Day massacre of The era was famous for criminal use of firearms such as the Thompson submachine gun Tommy gun and sawed-off shotgun. Miller[ edit ] Main article: Miller In United States v.
Miller  the Court did not address incorporation, but whether a sawed-off shotgun "has some reasonable relationship to the preservation or efficiency of a well regulated militia.
On appeal the federal government did not object to Miller's release since he had died by then, seeking only to have the trial judge's ruling on the unconstitutionality of the federal law overturned.
Under these circumstances, neither Miller nor his attorney appeared before the Court to argue the case. The Court only heard argument from the federal prosecutor.
In its ruling, the Court overturned the trial court and upheld the NFA. Johnson signs the Gun Control Act of into law. It also prohibits selling firearms to certain categories of individuals defined as "prohibited persons.
Americans also have a right to defend their homes, and we need not challenge that. To 'keep and bear arms' for hunting today is essentially a recreational activity and not an imperative of survival, as it was years ago.
It also banned ownership of unregistered fully automatic rifles and civilian purchase or sale of any such firearm made from that date forward. These groups believe any compromise leads to greater restrictions.Gun control is a very fertile topic.
You can write all sorts of gun control essays and other academic papers. Here is how to do it right. The question of gun rights is a political question, in the broad sense that it touches on the distribution of power in a polity. Thus, although it incorporates all these perfectly legitimate “sub-political” activities, it is not fundamentally about hunting, or collecting, or target practice; it is about empowering the citizen relative to the state.
Gun politics is an area of American politics defined by two opposing groups advocating for tighter gun control on the one hand and gun rights on the other.
These groups often disagree on the interpretation of laws and court cases related to firearms as well as about the effects of firearms regulation on crime and public safety.
United Nations Pressing For U.S.
Gun Control, targeting civilian gun owners; U.N. COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE Approves Firearm Regulation; OAS Convention Against Illicit Firearms trafficking. In the fierce debate that always follows the latest mass shooting, it’s an argument you hear frequently from gun rights promoters: If only more people were armed, there would be a better chance.
A Case Against Gun Control The NRA spokesperson Dana Loesch has been speaking out against gun reform in the wake of the deadliest school shooting in American history.