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 1850 1900 1822 1842 1856 Bliss v. Commonwealth of KY State of Arkansas v. Buzzard Dred Scott v. Sandford The court holds that there is a right bear arms in defense of self and country. Free white men can bear arms for self defense. This is a political right. Also, concealed weapons are allowed. Justified by state’s right to maintain a militia. Although Dred Scott lost, African-American slaves gained the right to bear arms. New Terms: Political right- a right that the state has the power to control Individual right- a right given to a person or people
Gun Controversy in the Courts 2000-Present 2000 2005 Today 2001 2008 2010 United States v. Emerson District of Columbia v. Heller McDonald v. Chicago The first federal case that claimed the Second Amendment was meant to be an individual right. 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 Constitutional right to bear arms 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”) 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 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
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 :: âCastle Doctrineâ 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://press-pubs.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-Gun-Laws.aspx>. "Gun Control Splits America." Pew Research Center. 23 Mar. 2010. Web. 15 Oct. 2010. <http://pewresearch.org/pubs/1535/poll-state-local-governments-laws-banning-sale-possession-handguns>.