Running head: Gun Control Act of 1968 1 Gun Control Act of 1968 Your Name POL 201 – American National Government Ashford University Instructor's Name Month Day, Year Thesis / Dissertation on Gun Control Act of 1968 Gun Control Act At the wake of shootings that happen frequently, the regulation and control of guns in America becomes questionable as regard to its existence and citizens adherence to the regulation. The Gun Control Act (GCA) of 1968 is a law that governs the use of firearms nationally. Among other provisions, the Act outlines that members of the public, citizens and other legally registered residents in United States ought to aged 18 years or above to access rights of owning, purchasing and using rifles, shotguns and other ammunitions. In addition, the Act provides that other firearms such as handguns are accessible to persons withe 21 years or more. As per Hay (2018) The Act prohibits ownership of guns to people with mental problems, people convicted with felony and people who have been found guilty of abusing substances within a recent period. This Act is enforced and implemented by the Government through various agencies at the federal levels. Guns are lethal weapons which are both important for protection but on the flip-side guns are sometimes missued for committing crimes like robberies and murder as evident of the 30,000 deaths and 70000 injuries reported in USA every year (Lewis (2011). Accordingly, firm laws to regulate possession and use of guns could be a milestone in decreasing such crimes. This is a dissertation dwells on analyzing the American ‘Gun Control Act’ of 1968. The various sections contained in this dissertation include historical and constitutional background, checks and balances and public policy, elections, and media. Historical and Constitutional Background Guns are profoundly implanted in American society and the Country has high rates of proliferation of guns across various states. This is in line with the U.S. Constitution which gives Americans the right of possessing arms resulting a a ration of three-in-ten American adults owning personal guns. The roots of America’s gun regulations culture can be traced back to the colonial 2 Thesis / Dissertation on Gun Control Act of 1968 days with reference to the revolutionary gun regulation, gun possession frontier expansion and the Second Amendment of the American Constitution. Guns in Colonial and Revolutionary America Gun control acts are relatively older with its history dating before the Second Amendment (1791). During the colonial era, gun control criminalized exchange of guns to slaves, Catholics, native Americans and indentured servants. These laws further regulated storing of gun powder in houses, it banned carrying of loaded guns within Boston homes and they mandated participation of formal gatherings of security officers. According to Mardeusz (2016) guns that were commonly available during the American Colonialism era were mainly meant for hunting as well as self-protection in homes. These uses of guns were further expanded to weapons during the American Revolution War. Some of the colonial laws such as those in Connecticut (during 1643) among other colonial states in America provided that at least one male adult in each household to have guns within reach for their own protection from the Native Americans. The colonial laws were laid also for preventing firearms theft in homes. In 1743 South Carolina Laws were drafted for safeguarding the colonial masters against insurgent attempts by Negroes and other Slaves. The Second Amendment The 2nd Amendment of the US Constitution which was ratified on Dec. 15, 1791 was a major milestone in the history of gun control in America. In 1792, the Federal Law indicated that every male adult suitable to join militia service were required to own gun and ammunitions necessary for military service. The Act also required the male adults yo report frequently for the scrutiny of the guns as well as registration of the gun ownership on public records. During the revolution era, gun control laws were numerous. Such Laws were the ban of selling guns to Native Americans. The 3 Thesis / Dissertation on Gun Control Act of 1968 laws also banned indentured Irish workers and slaves from being n possession of guns. The first gun control section in the Country was developed in 1934. Franklin Roosevelt developed ‘New Deal for Crime which was meant for curtailing the ‘gangland crimes’ such as Valentines Day Massacres which used to arise. In 1934 National Firearms Act enforced taxation on selling, manufacturing as well as transportation of firearms such as riffles and short-barrel shotguns, silencers, machine guns and firearm mufflers. In 1938 Federal Firearms Act (FFA) provided for acquisition of federal firearms license for gun dealers, gun manufacturers and importers. Checks and Balances After the assassinations of key persons like John F Kennedy, President Lyndon pushed for establishment of GCA which replaced FFA which added weight on destructive weapons like mines, grenades and bombs and fixed constitutional issues about weapons control in the US. In 1986, the congress passed the Firearm Owners Protection Act to protect the rights of gun owners. In 1993, President Clinton signed Brady Handgun Violence Prevention Act which provides for background check for gun holders, dealers, importers and manufacturers (Sorensen, 2013). In 1971, The US Congress suggested a 2nd Amendment which gives a right to ownership of guns among the American citizens. This law was put in place to check the Executive and the Judicial Branches of government to sustain the citizens right to possess guns rightfully in America. During December of year 2013, the US Congress reimposed the law banning manufacturing of guns made of plastic material due to their undetectability by security devices. These Law on plastic guns was a refinement to the bills sent for signing by President Obama. The law was put to check the Executive since it needs the Legislature in the making of laws. 4 Thesis / Dissertation on Gun Control Act of 1968 In 2013, President Barack Obama signed two laws regarding gun control. One of the laws was aimed at closing a loophole, which criminals capitalized on to circumnavigate the existing law to register new and unallowed guns through trusts and corporations. In the second law, the President stopped the entry of military weapons into America through banning of re-importation of guns. These laws were put in place to check the Legislative Branch of government since it needed the Executive Branch in passing the laws. Public Policy, Elections, and Media Supporters of firearm control and safety laws indicated that the laws regarding background checks of gun holders should be enhanced for the purpose of reducing leathelity of the firearms. On the other hand, there are people who advocate for loose firearm policies with a view that when good people are allowed to possess guns safety will be promoted whereas restricting gun ownership does not reduce gun lethality. These divergent opinions provide variance in the best way to handle the issues related to gun control. The media has been vocal on the issue of gun control through discussions and description of gun control aspects and their impact. The media clearly defines the difficulties, causes and justifications to the proposed solutions to these problems. Voting and the Election Process According to Laurent, Paola, Francisco and Maurizio (2014), gun owners in America are concentrated and well organized with a zeal of voting in candidates who take their favourable position regarding the gun control debate. As such the pro-gun effect of election proximity continues to hold when, rather than exploiting variation in the voting behaviour of different senators, we study the behaviour of individual senators over time. The recenttly concluded US 5 Thesis / Dissertation on Gun Control Act of 1968 election saw Biden garner more votes backed by his favor for ban of assault weapons and "smart guns" – technology that blocks a gun from firing unless the owner's finger is on the trigger. Conclusion Gun Control Act outlines that members of the public, citizens and other legally registered residents in United States ought to aged 18 years or above to access rights of owning, purchasing and using rifles, shotguns and other ammunitions. Guns are lethal weapons which are both important for protection but on the flip-side guns are sometimes missused for committing crimes like robberies and murder as evident of the 30,000 deaths and 70000 injuries reported in USA every year. As such, firm laws to regulate possession and use of guns could be a milestone in decreasing such crimes. In 2013, President Barack Obama signed laws aimed at closing a loophole, which criminals capitalized on to circumnavigate the existing law to register new and unallowed guns through trusts and corporations. These laws were put in place to check the Legislative Branch of government since it needed the Executive Branch in passing the laws. Supporters of firearm control and safety laws indicated that the laws regarding background checks of gun holders should be enhanced for the purpose of reducing leathelity of the firearms. The media has been vocal on the issue of gun control through discussions and description of gun control aspects and their impact. Th gun owners in America are concentrated and well organized with a zeal of voting in candidates who take their favourable position regarding the gun control debate. Joe Biden, in 2020 presidential election, garnered more votes backed by his favor for ban of assault weapons and "smart guns" – technology that blocks a gun from firing unless the owner's finger is on the trigger. References Hay, J. (2018). The Second Amendment, Undocumented Immigrants, and the Shifting Definition of “People”: How the Federal Gun Control Act of 1968 Prevents Undocumented 6 Thesis / Dissertation on Gun Control Act of 1968 7 Immigrants from Exercising Second Amendment Rights. University of Cincinnati Law Review, 87(2), 571. Lewis, L. (2011). Mental illness, propensity for violence, and the Gun Control Act. Hous. J. Health L. & Pol'y, 11, 149. Mardeusz, J. (2016). An Intractable Issue? Gun Control in America, 1968-Present. McCreary, J. R. (2012). Mentally Defective Language in the Gun Control Act. Conn. L. Rev., 45, 813. Sorensen, B. D. (2013). Senator Dodd Versus the National Rifle Association: Passing the Gun Control Act of 1968. Laurent, B., Paola, C., Francisco, P. & Maurizio, Z. (2014) Guns and votes: National Bureau Of Economic Research, 1050 Massachusetts http://www.nber.org/papers/w20253 Avenue. Working Paper 20253.
