The Gun Controversy in America
Stephen Panaro, Adam Rodriguez,
and MJ Schanne
Background on Gun Legislation
•
•
•
•
•
•
National Firearms Act of
1934
Gun Control Act of 1968
Firearms’ Owners’
Protection Act (FOTA
1986)
Child Access Prevention
Laws
Concealed Weapons
Laws
Regulations of Private
Sales to Minors
• Regulating All Secondary
Market Sales (“Gun-show
Loophole”)
• Ban on “Assault”
Weapons
• “One Handgun Per
Month”
• “Junk Guns”
• Preemption Laws
• Waiting Periods
Gun Controversy in the Courts
1800-1900
1800
Bliss v. Commonwealth of KY
1850
State of Arkansas v. Buzzard
The court holds that there is Free white men can bear arms
a right bear arms in defense for self defense. This is a
of self and country.
political right. Also, concealed
weapons are allowed. Justified
by state’s right to maintain a
militia.
New Terms:
Political right- a right that the state has the power to control
Individual right- a right given to a person or people
1900
Dred Scott v. Sandford
Although Dred Scott lost,
African-American slaves
gained the right to bear arms.
Gun Controversy in the Courts
2000-Present
2000
2005
United States v. Emerson
The first federal case that
claimed the Second
Amendment was meant to
be an individual right.
Today
District of Columbia v. Heller
McDonald v. Chicago
Declared that an individual
has the right to have a firearm
in a private residences or
federal enclave. Did not
specify if this applied to states.
Resolved the ambiguity left
by D.C. v. Heller and said it
is an individual’s right in
states as well.
New Term:
Federal enclave- A location in that is not part of a particular state.
e.g. Washington D.C.
Pro-Regulation
Anti-Regulation
• Decreases violent crimes
• Decreases risk of suicide
• Decreases risk of accidental
injury/fatality
• Constitutional right to
bear arms
• Regulation is ineffective
• Right to protect
themselves
Interest Groups
Pro-Gun Control
• Mayors against illegal
guns
• Million Mom March
• Center to prevent
handgun violence
• Coalition to stop gun
violence
• Americans for gun safety
• Brady campaign to
prevent gun violence
Pro-Guns
• NRA
• Gun owners of America
• Keep and Bear arms
• Law Enforcement Alliance
of America
• National Association of
Arms Shows
• The Second Amendment
Foundation
Political Parties
•
•
•
•
•
Republican—no gun control
Libertarian—no gun control
Constitution—no gun control
Democratic—partial gun control
Green—yes, desire gun control
Gallup Public Opinion Poll
October 2009
Pew Research Public Opinion Poll
March 2010
Statistics
Pro-Gun-Regulation (“Anti-Guns”)
• U.S. homicide rates are 6.9
times higher than rates in 22
other populous high-income
countries combined, despite
similar non-lethal crime and
violence rates. The firearm
homicide rate in the U.S. is
19.5 times higher
• Gun violence impacts are
estimated to cost U.S.
citizens $100 billion
annually
• 22 times more likely to be
used in a completed or
attempted suicide, criminal
assault or homicide, or
unintentional shooting death
or injury than to be used in a
self-defense shooting.
• An estimated forty percent
of gun acquisitions occur in
the secondary market
Statistics
Anti-Gun-Regulation (“Pro-Guns”)
• August 2000, JAMA
reported that states
implementing waiting
periods and background
checks did "not [experience]
reductions in homicide rates
or overall suicide rates.“
• 1990s, the number of guns
in this country increased by
roughly 40 million—even
while the murder rate
decreased by almost 40%
percent. Accidental gun
deaths in the home
decreased by almost 40
percent as well
• as many as 1.5 million cases
of self-defense with a
firearm every year
• According to the BBC
News, handgun crime in the
United Kingdom rose by
40% in the two years after it
passed its draconian gun ban
in. 2000 report shows that
the crime rate in England is
higher than the crime rates
of 16 other industrialized
nations, including the
United States
• Guns are used 2.5 million
times a year in self-defense
Recent Developments
•
•
•
•
Lax State Gun Laws Tied to Crimes in Other States
Lax and Lethal
More States Allowing Guns in Bars
Pennsylvania Senate approved State Senator Richard
Alloway’s (R-33) “Castle Doctrine” amendment to House Bill
1926. Senator Alloway’s proposed amendment to HB1926
would permit law-abiding citizens to use force, including
deadly force, against an attacker in their homes and any places
outside of their home where they have a legal right to be. If
enacted, this law would also protect individuals from civil
lawsuits by the attacker or the attacker’s family when force is
used.
Bibliography
• Brady Center to Prevent Gun Violence. Web. 15 Oct. 2010.
<http://www.cphv.org/>.
• "Chapters." Brady Campaign to Prevent Gun Violence. Web. 15 Oct. 2010.
<http://www.bradycampaign.org/chapters/>.
• "Descriptions of the Supreme Court Gun Cases." Constitution Society
Home Page. Web. 15 Oct. 2010.
<http://www.constitution.org/2ll/bardwell/supreme_cases.html>.
• Gay, Malcom. "More States Allowing Guns in Bars." The New York Times Breaking News, World News & Multimedia. 3 Oct. 2010. Web. 15 Oct.
2010. <http://www.nytimes.com/2010/10/04/us/04guns.html?_r=1&hp>.
• "Gun Control." Just Facts.com. Web. 15 Oct. 2010.
<http://www.justfacts.com/guncontrol.asp#crime>.
Bibliography
• Gun Owners of America - Gun Owners Of America. Web. 15 Oct. 2010.
<http://gunowners.org/>.
• Keep and Bear Arms - Gun Owners Home Page - 2nd Amendment
Supporters. Web. 15 Oct. 2010. <http://www.keepandbeararms.com/>.
• "Lax and Lethal." The New York Times - Breaking News, World News &
Multimedia. 3 Oct. 2010. Web. 15 Oct. 2010.
<http://www.nytimes.com/2010/10/04/opinion/04mon3.html?_r=1>.
• Mayors Against Illegal Guns. Web. 15 Oct. 2010.
<http://www.mayorsagainstillegalguns.org/html/home/home.shtml>.
• "The New York Times Log In." The New York Times - Breaking News,
World News & Multimedia. Web. 15 Oct. 2010.
<http://www.nytimes.com/2010/10/04/opinion/04mon3.html?_r=1>.
Bibliography
• NRA. Web. 15 Oct. 2010. <http://home.nra.org/#/home>.
• "NRA-ILA :: Anti-Gun Lobbying Organizations." NRA-ILA ::. Web. 15
Oct. 2010. <http://www.nraila.org/Issues/factsheets/read.aspx?ID=14>.
• "NRA-ILA :: â€
Castle Doctrine―
œ
Bill Scheduled for Final Passage Today in
Pennsylvania!" NRA-ILA ::. Web. 15 Oct. 2010.
<http://www.nraila.org/Legislation/Read.aspx?ID=6057>.
• Police?, By The. "Taking On Gun Control." Hematite.com. Web. 15 Oct.
2010. <http://hematite.com/dragon/gunintro.html#gcmenu>.
• "US Gun Statistics." Jeff Rense Program. Web. 15 Oct. 2010.
<http://www.rense.com/general62/gns.htm>.
• Worden, By Amy. "Pa. Senate Votes to Expand Gun Owners' Rights |
Philadelphia Inquirer | 10/14/2010." Philly.com: Philadelphia Local News,
Sports, Jobs, Cars, Homes. 14 Oct. 2010. Web. 15 Oct. 2010.
<http://www.philly.com/inquirer/local/pa/20101014_Pa__Senate_votes_to_
expand_gun_owners__rights.html>.
Courts Bibliography
• "Amendment II: Bliss v. Commonwealth." The Founders' Constitution.
1987. Web. 15 Oct. 2010. <http://presspubs.uchicago.edu/founders/print_documents/amendIIs8.html>.
• "The State v. Buzzard." Gun Control. Web. 15 Oct. 2010.
<http://www.guncite.com/court/state/4ar18.html>.
• Volokh, Eugene. "Sources on the Second Amendment and Rights to Keep
and Bear Arms in State Constitutions." UCLA School of Law. Web. 15 Oct.
2010. <http://www.law.ucla.edu/volokh/2amteach/sources.htm#TOC12>.
• "United States vs. Timothey Joe Emerson." UMKC School of Law. Web.
15 Oct. 2010.
<http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/emerson.html>.
• "District Of Columbia v. Heller." Legal Information Institute at Cornell
Law School. Web. 15 Oct. 2010.
<http://www.law.cornell.edu/supct/html/07-290.ZS.html>.
• "McDonald Et Al. v. City of Chicago, Illinois, Et Al." Legal Information
Institute at Cornell Law School. Web. 15 Oct. 2010.
<http://www.law.cornell.edu/supct/html/08-1521.ZS.html>.
Public Opinion Bibliography
•
•
Jones, Jeffrey M. "In U.S., Record-Low Support for Stricter Gun Laws."
Gallup.com. 9 Oct. 2009. Web. 15 Oct. 2010.
<http://www.gallup.com/poll/123596/In-U.S.-Record-Low-Support-Stricter-GunLaws.aspx>.
"Gun Control Splits America." Pew Research Center. 23 Mar. 2010. Web. 15 Oct.
2010. <http://pewresearch.org/pubs/1535/poll-state-local-governments-lawsbanning-sale-possession-handguns>.