Chicago should be an example to those on both sides of the gun argument. The city is living proof that strict gun regulations alone will not cause gun violence to go down. Unfortunately for gun control advocates, the ban on handgun ownership in Chicago was struck down in a landmark case known as McDonald v. City of Chicago. Two years ago, in District of Columbia v. Heller, 554 U.S. ___, this Court held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense and struck down a District of Columbia law that banned the possession of handguns in the home. Chicago (hereinafter City) and the village of Oak Park, a Chicago suburb, have laws effectively banning handgun possession by almost all private citizens. …show more content…
Spitzer, author of “The Politics of Gun Control,” “The first congressional action pertaining to guns was the enactment of a 10 percent federal excise tax, passed as part of the War Revenue Act in 1919. It was more significant as a revenue-raising measure than as a tool of regulation, and it survived the 1920s despite several efforts to reduce the tax.” The attempt of gun regulation was just beginning in the early 1900s. Although this particular act did not necessarily stifle gun rights, it opened the door for more legislation on gun control. According to Spitzer, In 1927, responding to popular fears of handgun use by criminals, Congress passed a bill to prohibit the sale of handguns to private individuals through the mail. This measure passed when other gun control efforts failed because its supporters justified it as a measure that supported, rather than eroded, state sovereignty. That is, proponents argued that such a federally imposed ban would prevent the US Post Office from unintentionally aiding in breaking the laws of states with tougher gun regulations. The significance of this argument lay in the prevailing reluctance to extend federal power over the states in the period preceding Franklin Roosevelt’s New Deal. The Post Office was an enthusiastic supporter of the bill, but it found little support from President Coolidge or others in the executive
In the United States of America, gun control has been an issue that has become more controversial issue over the past 10 years. This is a discussion of the history of gun control in New York. Gun control is the legal restriction on the distribution and sales of firearms. We will be looking into the restrictions of gun control through the 1920-present day will be explored and focusing on New York state as a whole not one general area. From this overview, insight into the cause, purpose, and effect of gun control will be analyzed.
Heller (2008) District of Columbia made it illegal to own a firearm without a license and if you had one it must be unloaded and have a trigger lock. Dick Heller was a special police officer who wanted to keep gun in his home. The district of columbia denied him when he applied for a license so he sued the district of Columbia saying this violated his second amendment. Verdict: 5-4 decision for Heller, majority given by Antonin Scalia.they argued that banning the registration for firearms within the household violates the second amendment. McDonald v. Chicago (2010)
A Well Regulated Militia: The Founding Fathers and the Origins of Gun Control in America Latasha Custis The world today is relatively chaotic, but the book A Well Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, written by Saul Cornell provides an in depth version of gun laws and the journey in which it assumed form as the second amendment. Cornell a graduate of the University of Sussex, Amherst College, B.A., and the University of Pennsylvania, M.A went on to become a professor and writer. He has instructed students in history since 1986 thru 1995.
Chicago (State Case) 5-4 under the opinion, Justice Samuel A. Alito writing for the majority, the Court reasoned that rights that are "fundamental to the Nation 's scheme of ordered liberty" or that are "deeply rooted in this Nation 's history and tradition" are appropriately applied to the states through the Fourteenth Amendment. The Court recognized in Heller that the right to self-defense was one such "fundamental" and "deeply rooted" right (McDonald v. Chicago. (n.d.)). The previous cases are what gives people the right to bear arms in the United States with the injunction of the constitution.
An African American retired custodian, Otis McDonald, took on the city of Chicago, which had the similar law restricting gun control policies as the Heller case. So, it comes to no one’s surprise that according to Encyclopedia Britannica, McDonald filed his lawsuit on the same day Heller’s case decision was announced to the public. Chicago was banning new registration of handguns, yet making a registration for handguns a requirement. The decision to change this regulation was made on June 28, 2010, when the court sided with McDonald 5-4. Although this case is recent it is still not the most recent major court case regarding the subject of gun control.
The topic of gun control and firearm regulation has been subject to heated debate for a long while. Both sides have potent arguments, however the core of this issue ultimately boils down to the constitution itself. More specifically the second amendment. This argument quickly becomes quite complicated because gun control and firearm regulation concerns not only the right of citizens, but more importantly the safety of citizens. The second amendment helps to guarantee an imperative right belonging to all citizens.
Updating the Amendment 2.0 The right to bear arms has been a favoured constitutional law since its establishment in 1791, but as more gun related violence and accidents occur, there has been increasing debate on whether or not guns should be banned in the US altogether, and if not, what regulations should be required for the purchase and handling of them. While guns should not be completely banned from the country, the rules and regulations of gun laws should be tightened. In the 2nd amendment, it clearly states that “the right of the people to keep and bear Arms, shall not be infringed.” While this statement still holds true, the evolution of firearms and how they have become more dangerous throughout the years is a clear sign of why the laws should be changed.
Gun control has been a controversial issue for many years. Many citizens believe that if gun control is strictly enforced it would reduce the threat of crime. People have the right to bear arms for protection, or even just the pleasure of hunting and recreational activity. With the recent events involving firearms and mass shootings, people are skeptical whether to increase or decrease gun laws. Americans have a constitutional right to own handguns and stricter laws and licensing will not effectively save lives.
If Chicago can copy New York’s illegal handgun law which carries a three-year sentence for illegal possession of a handgun then it would actually scare some people away from illegally obtaining a handgun thus reducing the amount of murders that they person may have
Chicago had a city ordinance that banned owning private handguns while being in or living in Chicago. In this case both sides had different ways of seeing the Second Amendment. Chicago argued about the rights states have to change firearm regulation due to what is needed locally. The McDonald family made points about the right to bear arms being a fundamental right that states should not be able to take from
The Gun Law history takes us back to 1971 when the Second Amendment, which protects the gun laws in America was the first to guarantee’ ‘A well regulated Militia, being necessary to the security go a free state, right of the people to keep and bear arms, shall not be infringed’’. This guarantee was undisputed for decades and is still one of the constitutions in America. Several years later in 1837, the first gun control law where created when the State of Georgia in the South banned handguns however this law got removed only eight years later by the Georgia Supreme Court. 30 years after the handgun was banned in Georgia, the Civil War broke out in America between the South and North part of US. It was after the Civil War in 1861 that the southern
A weapon in the wrongs hands is the maximum danger humanity can face. Nowadays, violence and delinquency in society are viewed as the maximum problem solver. Humanity is full of chaos; hate and envy seize our souls. Guns are the ultimate security for some citizens but for others, these add to a feeling of defenselessness. Throughout history, any topic related to guns means a plethora of problems.
Strict regulations and limitations have been pursued already and clearly do not suffice. Statics brought to attention by gun control opponents, show that gun control laws have done little to reduce crime rates. Several restrictions have been made on certain guns, considered as overly dangerous, though in the hands of an unstable criminal even a legal hunting gun can be deadly. Countless restrictions have been made, however people have still found ways around them. If people are unstable and determined enough, they will find a gun, regardless of the restrictions or regulations.
Martin Luther King Jr and Senator Robert F. Kennedy which led to the creation of the Gun Control Act in 1968. Furthermore, there have recently been some mass shooting incidents that have brought about huge debates on the issue of gun control. These debates emphasize the need to strengthen the gun control laws that are currently in place, which are meant to regulate the buying, selling, and owning of gun. Lastly, even though gun control goes against the right given to individuals by the second amendment, having stricter gun control laws is beneficial for the safety of the nation because gun control can significantly decrease the number of deaths that occur because of mass shootings and gun control can also prevent students from shooting up schools. The enforcement of stricter gun control laws would be extremely beneficial for the safety of the people in the United States.
During the nineteenth century, gun control was almost exclusively a Southern phenomenon. Its main objective was to not allow slaves and free blacks to obtain guns before the Civil War. The only kind of gun control that found favor outside the region was restricting the concealed carrying of handguns. Although openly carrying a weapon, also known as open carry, was considered reasonable and was protected by the Constitution, the carrying of a concealed weapon, also known as concealed carry, was seen as something only someone who was up to know good would do. It was not until the 1920s that the movement to ban handguns began.