Gun Control
Gun Control: A Review of the Literature
Chris Linville
University of Texas at El Paso
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Gun Control
Abstract
Guns have always been a part of the United States culture whether it is good or bad. The recent shootings have awakened a long debate on what should be done about guns and there are two sides to this argument people trying to get guns banned and people who are fighting for the rights of people to own guns. This literary review will show you the facts and opinions of both sides of this heated debate so you the reader can hopefully have a better understanding of the topic.
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Gun Control 3
Gun Control: A Review of the Literature
Since the beginning of this country’s history, guns have played a very large and controversial role. They have helped shape and form this country and helped this country gain its independence from
Great Britain. They were important enough in our founding father’s eyes that they made the 2 nd
Amendment which 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.” There have been many interpretations of what this means and what constitutes as an infringement of our rights according to this amendment and there have been a few Supreme Court rulings that have helped this country determine what is constitutional and unconstitutional. However in the wake of the mass shootings we saw last year in Aurora, Co. and Newton, Ct. there has been a large debate in the nation’s capital about what should be done about gun control when it comes to “assault rifles”. On one side of the argument, you have pro-gun control activists screaming that enough is enough and it is time for the country to ban semi-automatic assault rifles and high capacity magazines. On the other side, you have pro-gun supporters screaming that this ban is an infringement of the public’s 2 nd Amendment right to bear arms.
So in the end which side is right? Is it the pro-gun activists or the pro-gun control activists? In order to get a better understanding of this topic the following questions will be answered:
1.
What is the new proposed gun legislation involving the banning of assault weapons and high capacity magazines?
2.
How effective will the banning of assault weapons and high capacity magazines be in reducing crime in the United States?
3.
What percentage of gun crimes is committed with the types of guns that the Obama administration is targeting?

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4.
Is the new policy the Obama administration is trying to pass concerning the ownership of
“assault rifles” and the high capacity magazines that come with them violating the country’s 2 nd
4 amendment rights?
The following review of literature will answer these questions and focus on the current gun control legislation that the government is trying to pass.
What is the new proposed gun legislation involving the banning of assault weapons and high capacity magazines?
The proposed bill makes an attempt at sweeping gun control regulation. It is a proposed ban on sales of semi-automatic assault weapons. It also goes after transfer of said weapons along with the manufacturing and importation of all weapons and high capacity magazines (Koper, “An Updated
Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-
2003” (June 2004), University of Pennsylvania, Report to the National Institute of Justice, U.S.
Department of Justice.). The specifics of the weapons include military style features such as those capable of feeding more than 10 rounds of ammunition and those with detachable magazine clips. The ban specifically includes all AK, AR, and all Thompson style weapons. In an attempt to deter crimes using these weapons, all UZI style, some shotguns, and all belt fed semiautomatic weapons have been included in the ban. After the mass shootings the country saw this past year in Aurora, Co and Newton,
Ct. the president has vowed to do something about the gun violence this country has seen. President
Obama has vowed to pass new legislation concerning gun ownership and the type of guns the public can own. So what are these new legislations and what types of guns is this legislation targeting the following section will talk about the types of guns the administration is targeting and what they want to do with them.

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How effective will the banning of assault weapons and high capacity magazines be in reducing gun
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After the mass shootings the public saw in Aurora, Co. and Newton, Ct. there has been an outcry for something to be done about the country’s gun issue especially when it comes to assault rifles and high capacity magazines. As most people of this country already know, there was a 10-year ban on assault weapons from 1994-2004. Was this ban effective? The following section will show you facts from studies of the ban from 1994, will show you opinions from both sides based off of some of the studies, and try to prove their point as to whether an assault weapons ban would be effective or not.
One of the first things to look at is that according to a study by Christopher S. Koper, “An
Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence,
1994-2003,” is the two arguing sides of the gun control issue are using the same studies to make their arguments, often misusing the statistics available to their advantage and often erroneously. The report concludes that the reduction in crimes due to the gun ban was mixed, stating that while crimes involving assault weapons did decline, other types of guns utilizing large capacity magazines rose steadily throughout the 1990's ( Christopher S. Koper, 2004). The report was unable to provide definitive evaluations or assessments of the ban because many of the weapons that had been banned such as assault weapons had been grandfathered in by the new law and could not have the effects measured accurately during those times, due to its effects moving slowly or developing at a rate different that the one anticipated (Koper, 2004). Proponents of gun control claim that their proposed legislation did have an strong impact on crimes committed with assault weapons but Koper's report provides facts that both sides grossly over exaggerated claims of the ban reducing crimes. The 1994 ban on assault weapons tell us that only a small percentage of crimes committed involved assault weapons (Washington Post editorial, September 15, 1994).

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One side makes claims that there was indeed a great and significant reduction in crimes involving assault weapons, while the other side against the ban and in favor of gun ownership makes
6 their claims that the ban had no relevant or significant effect on the use of the assault weapons in crimes committed for that period. Both sides have opted to muddle facts and shape their views of studies and facts to best fit their respective platforms. In the end, a careful explanation reveals that a new ban on assault weapons would possibly cause a new type of weapon to be used by criminals in the future should the law take effect. (Koper, 2004), thus disproving either sides notions of the bans effectiveness or ineffectiveness.
What percentage of gun crimes is committed with the types of guns that the Obama administration is targeting?
After Sandy Hook the president has made a vow to do everything in his power to try to prevent another atrocity like that from ever happening again even if it means implementing another assault weapons ban. After reading the above section you may or may not have already developed your own opinion on whether an assault weapons and large-capacity magazine ban would be effective. However the question is how many gun crimes are actually committed with these types of weapons the following section will show you some crime statistics to show you what percentage of gun violence includes these weapons.
To begin to answer this question, we take a generic approach first, and then delve into studies and statistics. At first glance we are going to look at the obvious choice, rifles and assault weapons such as the AR-15. These are the targeting weapons most have in mind when considering a ban. Deeper research suggests that while gun control activists are targeting these weapons, statistics paint a picture worth considering in the final legislative decisions the Obama administration will make. A study by David

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B. Kopel, (Kopel, Rational Basis Analysis of "Assault Weapon" Prohibition, 1994) reveals statistical information from several states using police laboratory studies and other information. One fifth of one
7 percent (.20%) of the weapons used in all violent crimes were assault rifles like the AR-15 or military style assault weapons with high capacity magazines. Of the entire body of homicides in the United
States rifles were used in 3-4 % of all homicides According to Bureau of Justice Statistics, (Criminal
Victimization in the United States, 1993, May 1996). In California, of the more than 4,000 guns seized by police during a twelve month period, roughly 3% were assault weapons.
In 1989-90 in Maryland, there was only one death involving an assault rifle" in all twenty-four counties in that state (Kopel, Rational Basis Analysis of "Assault Weapon" Prohibition). For homicides involving police, the study finds that only 10% of these involved assault weapons of high caliber and large capacity magazines. Additionally that study finds that there was no consistent trend in this from
1978 to 1996 (Kopel, David B, Rational Basis Analysis of "Assault Weapon" Prohibition). While gun control proponents would argue that assault weapons are used in all violent crimes, the study shows that from 1992-1996, less than 4% mass murders involved assault weapons. Instead, it was arson or bombs that were the deadliest. (Kleck, Targeting Guns: Firearms and Their Control (Walter de Gruyter,
Inc., New York 1997).
Is the new policy the Obama administration is trying to pass concerning the ownership of “assault rifles” and the high capacity magazines that come with them violating the country’s 2 nd amendment rights?
“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.” In the United States this is the 2 nd Amendment in the Bill of Rights and it was something the forefathers of this country thought was very important after seeing what a tyrannical government is capable of. There have been many arguments and interpretations of

Gun Control what this amendment means and if it still caries precedence, and if it does what kind of guns should the
8 public be able to own. The following section will show you Supreme Court examples and interpretations of what this amendment means and how it should be protected and acknowledged.
Gun enthusiasts would say YES. To gun owners this is a flagrant violation of their right to bear arms. The infringement is of epic proportions and one which they will fight with great fervor. It is more than mere gun ownership; it now involves a forbidden infringement on their freedoms, and rights. Gun control activists would not declare it to be so harsh. They would employ every tactic in their power to see that the ban goes through to protect citizens and ensure their safety. One side of the spectrum against gun control will feel governmental control is over stepping its boundaries (Rushforth, et al.,
"Accidental Firearm Fatalities in a Metropolitan County,” 100 American Journal of Epidemiology 499
(1975).
Owning a weapon has always been an integral part of American way of life, many of the life liberties and freedoms that is enjoyed by citizens of the United States. Taking away the right to own weapons may pose a great threat to the security and safety citizens are accustomed to. For many, the questions arising are, “How will people protect their families? How will this help in times of uncertainty when intruders lurk about in the streets ready to inflict harm or death upon them?”. Their opponents take a less harsh view claiming individuals would still have the freedom and right to bear arms (Los
Angeles Times, December 28, 1993). Families can still protect themselves against certain dangers, but eliminating the assault weapons from everyday life would ensure that tragedies like recent shootings in
Columbine, Newton and Aurora do not happen with such incredible and alarming frequency. The safety of children is at the forefront of their motives they would claim. In the end, any manipulation, changes, or revisions to the second amendment would bring a strong opposition from gun owners in America. Dr.

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Kleck does state that "Oddly enough, mass killings are actually less likely to involve the use of guns of
9 any kind than homicides involving small numbers of victims.
In a survey conducted at the University of Texas at El Paso sixty four students were polled to see what they thought about the constitutionality of the proposed gun ban. An astonishing forty five students or 70% of the students surveyed said yes that what President Obama is trying to do in banning assault rifles is an infringement of the country’s 2 nd amendment right. (see figure below) In this same survey ten students said that it was not an infringement of the 2 nd amendment and nine students said maybe or were unsure. According to those surveyed, it may be possible that President Obama may be over stepping his bounds and may be infringing on our 2 nd amendment right.
6%
8%
16%
70%
3
4
1
2
1) Yes 2) No 3) Maybe 4) Unsure
So in conclusion the question is to disarm or not disarm citizens' assault weapons? The name assault weapons is a fitting and intriguing one. The perception of banned weapons is far more reaching than the proposed laws themselves. Government has a giant task a hand, in the end its citizens are the governing body that will forever alter the way we feel about our 2nd amendment rights. Taking away a freedom that is allegedly going to help deter crimes and save lives but will alienate and anger one group

Gun Control to the point of chaos is what awaits the nation. The issue seems simple, and is wired with many complexities, that cannot be answered simply. One viewpoint is pitted against the other, opponents
10 clashing, fighting for what they each feel is right. In the end we will find a solution. That solution may not be the kind that settles all differences equally, but will in turn be sure to create more confusion, open up more questions, close one issue and solve as many questions as it creates new ones. The
Obama administration, the United States as a country, and each individual citizen has for now, a right to hold their opinion. What the outcome will be and how it will resolve the bigger issues is yet to be seen.
It may take years before the nation comes to terms with the fact that banning assault weapons may be the ultimate division this nation has ever faced.

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Agresti, D. James, & Smith, K. Reid. (February, 11, 2013). Gun Control Facts. Retrieved from http://www.justfacts.com/guncontrol.asp
Bureau of Justice Statistics, (Criminal Victimization in the United States, 1993, May 1996)
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Kopel, David B., Rational Basis Analysis of "Assault Weapon" Prohibition , 20 J. of Contemp. L. 381-
417.(1994)
Koper, S. Christopher S “An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun
Markets and Gun Violence, 1994-2003
Levy, Robert A., (February 11, 2013). Reflections On Gun Control by a Second Amendment Advocate.
The National Law Journal.
Rushforth, et al., "Accidental Firearm Fatalities in a Metropolitan County,” 100 American Journal of Epidemiology 499 (1975).