Gun+Rights

 Right to keep and bear arms in the United States

Gun politics in American society is a divisive issue that is primarily defined by two activist groups: [| gun Control] and [|gun rights]. The debate between the activist groups and the population at large has largely centered around the interpretation of the second Amendment to the United States Constitution which states that "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."

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= 1 Etymology and definition =

1.1 Etymology

 * The English word gun is believed to be derived from the middle English word gonne or gunne which in turn is a derivative of an Old Norse proper name Gunhild meaning war or battle.

1.2 Definition

 * For legal purposes a firearm is defined as (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (D) any destructive device.

=2 History and culture= media type="youtube" key="0rR9IaXH1M0" width="560" height="315"
 * American attitudes on gun ownership date back to the [|American Revolutionary War], and find an origin also in the hunting/sporting [|ethos] , and the militia/frontier ethos that draw from the country's early history.[3] As a nation of Immigrants, America has long been considered a settler nation. As the United States expand westward, the pioneer's so called frontier spirit (as argued by [|Frederick Jackson Turner] in his [|Frontier Thesis] ) blazed a trail into the interior helping to reshape the culture of the United States and solidified both its acceptance and requirement of firearms in everyday life.
 * Pop Culture has had a large impact on American acceptance firearms in their community. when it comes to public opinion, celebrities, actors and comedians have all shared their thoughts on gun control and often can sway their fans opinions on the topic as well. Below two celebrities utilize their media dominance to influence public opinion.

Observational comedian Jim Jefferies at a performance during his //"Freedumb"// tour. Actor John Wayne in television show // "G // //unsmoke"//

=3 The second Amendment= **"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." **     ** - Second Amendment of the United States Bill of Rights **


 * The meaning of this amendment is controversial and there are more or less two main schools of thought.On the one hand, some believe that the Amendment's phrase "the right of the people to keep and bear Arms" creates an individual constitutional right for citizens of the United States. Under this "individual right theory," the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional.
 * On the other hand, some scholars point to the prefatory language "a well regulated Militia" to argue that the Framers intended only to restrict Congress from legislating away a state's right to self-defense. Scholars have come to call this theory "the collective rights theory." A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.

=4 Major federal gun legislation=

** 1791 **     The Bill of Rights, including the Second Amendment -- "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." gains final ratification. ** 1871 **     The [|National Rifle Association (NRA)] is organized around its primary goal of improving American civilians' marksmanship in preparation for war. ** 1927 **     Congress passes a law banning the mailing of concealable weapons. ** 1934 **     In the aftermath of the Saint valentine's Day massacre, Congress passes The National Firearms Act of 1934 regulating fully automatic firearms such as Thompson sub-machine guns. ** 1938 **           The Federal Firearms Act of 1938 places the first limitations on selling ordinary firearms. Persons selling guns are required to obtain a Federal Firearms License, at an annual cost of $1, and to maintain records of the name and address of persons to whom firearms are sold. Gun sales to persons convicted of violent felonies were prohibited. ** 1968 **           The [|Gun Control Act of 1968] "was enacted for the purpose of keeping firearms out of the hands of those not legally entitled to possess them because of age, criminal background, or incompetence." ** 1972 **           The [|Bureau of Alcohol Tobacco and Firearms] is created listing as part of its mission the control of illegal use and sale of firearms and the enforcement of Federal firearms laws. ATF issues firearms licenses and conducts firearms licensee qualification and compliance inspections. ** 1986 **           The [|Armed Career Criminal Act] increases penalties for possession of firearms by persons not qualified to own them under the Gun Control Act of 1986. The [|Firearms Owners Protection Act] relaxes some restrictions on gun and ammunition sales and establishes mandatory penalties for use of firearms during the commission of a crime. The [|Law Enforcement Officers Protection Act] bans possession of "cop killer" bullets capable of penetrating bulletproof clothing. ** 1990 **           The [|Crime Control Act of 1990] bans manufacturing and importing semiautomatic assault weapons in the U.S. "Gun-free school zones" are established carrying specific penalties for violations. ** 1994 **           The [|Brady Handgun Violence Prevention Act] imposes a five-day waiting period on the purchase of a handgun and requires that local law enforcement agencies conduct background checks on purchasers of handguns. The [|Violent Crime Control and Law Enforcement Act of 1994] bans all sale, manufacture, importation, or possession of a number of specific types of assault weapons. ** 1997 **           The Supreme Court, in the case of [|Printz v. United States], declares the background check requirement of the Brady Handgun Violence Prevention Act unconstitutional. ** 1999 - May 20 ** By a 51-50 vote, with the tie-breaker vote cast by Vice President Gore, the Senate passes a bill requiring trigger locks on all newly manufactured handguns and extending waiting period and background check requirements to sales of firearms at gun shows.

=5 Federal firearm case law in the United States=

Case law pertaining to firearms is determinate of the decisions of the Supreme Court and the institution's interpretation of the second amendment and the Commerce Clause below is a sampling of relevant Supreme Court cases and their decisions summed up.

__ **1.1 United States Supreme Court cases** __
** Name: United States v. Cruikshank (1875) ** Facts: In the aftermath of the Colfax massacre, Several insurgents had federal charges brought to them for violating the Enforcement Act of 1870 intending to deprive Freedmen's second amendment right to bear arms. **Majority opinion** (Waite,Swayne,Miller,Field,Strong) A. Due process clause and equal protection clause of 14th only applies to State action. B. With respect to first/second: "was not intended to limit the powers of the State governments in respect to their own citizens" and "has no other effect than to restrict the powers of the national government," **Dissenting opinion** (Clifford) A. section five of 14th gave power to legislate actions of individuals who restrict constitutional rights of others.

** Case: Presser v.Illinois ** Facts: Herman Presser a member of a citizen militia group was indicted for benign to a private army/militarized organization without a license from the States Governor. ** Majority opinion: ** A: "State legislatures may enact statues to control and regulate all organizations,drilling and parading of military bodies except those authorized by the militia laws of the united states."

** Case: United States V. Miller ** Facts: As per the National Firearms Act of 1934 (NFA) certain firearms must be registered with the Bureau of Alcohol, Tobacco, Firearms and explosives accompanied by a $200 tax. Defendant Miller fled a demurrer challenging the act as an unconstitutional violation of 2nd amendment. **Majority opinion reasoning:** (McReynolds) A. Not unconstitutional as it is considered an invasion of the reserved powers of the States. Citing Sonzinsky v. United States

=6 Public opinion=

=7 Political philosophy=
 * Gun rights and gun control have been a polarizing issue in American politics since the early 1990's, so there is a plethora of public opinion polls that can be found on gallup.com.
 * The most simple poll to be answered is "Do you have a gun in your home?" This question is broad enough so that any individual can answer the question because the poll does not specifically ask if you own a gun, but simply know that there is a gun present in your household. Before 1990, this poll held a relatively flat line as it appears on a graph near approximately 42-44% of individuals responding with yes, there is a gun in my household. Since 1990, the line becomes more sporadic because of events such as mass shootings or nationally recognized gun crimes. In this day and age, some people will buy guns in response to certain events that make them want to own a firearm, where as guns used to be purchased almost exclusively at the discretion of each individual because TV was less popular and current events simply affected people less in general. So, this explains the rise and fall of the percentage of pollers that responded yes to having a gun in their respective households.
 * The next poll is an important indicator of what the American public believes should be done about the law regarding guns, or what should not be done. The poll asks "In general, do you feel that the laws covering the sale of firearms should be made more strict, less strict, or kept as they are now?" In October 2015, 55% of those polled responded more strict, 11% responded less strict, and 33% responded that the laws should not change from what they are now. In 2014, only 47% of respondents responded in favor of more strict gun laws, so there has been an 8% increase in those that favor more strict gun laws, which is probably a result of the recent events in Ferguson, Missouri and elsewhere involving police and African-Americans. Police have been under extreme scrutiny since 2014, which has probably just led to more police violence as a whole. [[image:l7bw9jibvuselccuot8bdg.png width="400" caption="Gallop Poll showing public opinion on gun strictness laws in the United States."]]

** 1.1 Proponents of Gun rights. **                   ** Fundamental right **
 * Proponents have long held to a series of arguments both philosophical and legal to justify their point of view the most fundamental of which is to what degree the government has authority to regulate guns.
 * Gun rights activists often cite the essays of American President James Madison as proof of original intent of the founding fathers policy on gun rights to counter gun opponents attempts to more restrictive constitutional and statutory interpretation particularly through Madison's letters to Thomas Jefferson where he was quoted saying "the political truths declared in that solemn manner acquire by degrees the character of fundamental maxims of free government, and as they become incorporated with the national sentiment counteract the impulses of interest and passion."  Madison's view that gun ownership is a fundamental right was affirmed by the U.S Supreme Court in District of Colombia v. Heller (2008) where the court cited the historical significance of gun rights in the then fledgling nation when the court stated "By the time of the founding, the right to have arms had become fundamental for English subjects".
 * Prior to // District of Columbia v. Heller //, in the absence of a clear court ruling, there was debate about whether or not the Second Amendment included an individual right. However, in Supreme Court case District v. Heller the court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.
 * After Heller, there was a flurry of cases involving the proper application of the Second amendment at the state level that was subsequently settled by Supreme Court Case McDonald v. Chicago (2010), in which Justice Alito writing for the majority held that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller.

Self defense

 * On matters of self defense the courts have historically been very favorable to lenient interpretation of the Second Amendment. For example, American jurist [|St. George Tucker] (b. 1752) wrote that "the right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible."

Security against tyranny
= 1.2 Proponents of Gun control = =8 Gun related violence=
 * Support for gun freedoms is positively correlated with the general public's belief that Government attempts to restrict or even abolish the American people's right to keep and bear arms reflects a wider trend of governmental interference in everyday life. A January 2013 [|Rasmussen Reports] poll indicated that 65 percent of Americans believe the purpose of the Second Amendment is to "ensure that people are able to protect themselves from tyranny."
 * Many gun rights advocates such as [|Stephen Halbrook] support the " [|Nazi gun control] " theory which postulates that strict gun regulations in the Weimer Republic and continued by the Third Reich left victims of the Holocaust unable to defend themselves properly.
 * Proponents of gun control centers around the idea that the purpose of the government is to protect life (in addition to liberty and property) by establishing and maintaining order. Arguments for restrictive gun legislation primarily centers around gun violence statistics as well as criminal violence including mass shootings. In the United States in 2009 there were 3.0 recorded intentional homicides committed with a firearm per 100,000 inhabitants. The U.S. ranks 28th in the world for gun homicides per capita.

=9 Activism=
 * Gun violence results in thousands of deaths and injuries annually, including crime, suicide and self-defense.
 * · 33,636 people died from gun related violence in 2013
 * · Every day 297 people are shot (crime, suicide, police, accident, etc.)
 * · 89 people die from gun violence every day
 * · Around 60% of gun sales occur with a background check
 * Mass shootings like the ones at [|Aurora, Colorado] and at[| Sandy Hook Elementary School] renew the controversy about gun laws in America. Many people see this as an indication that America needs stricter gun control to protect its citizens, while still others maintain that these tragedies are the fault of a few deranged individuals. Background checks are designed to keep guns out of the hands of those that have a history of violence, and has been shown to be effective in doing so to a certain extent. In addition, many statistics on shootings include self-defense and police intervention.

media type="youtube" key="HGhPWH9kOxw" width="615" height="345" align="center" Conservative Blogger and public speaker Bill Whittle
 * There are a plethora of advocacy groups in the United States arguing for a variety of stances on gun legislation and rights.

=12 External links=  Gun violence results in thousands of deaths and injuries annually, including crime, suicide and self-defense. · 33,636 people died from gun related violence in 2013 · Every day 297 people are shot (crime, suicide, police, accident, etc.) · 89 people die from gun violence every day · Around 60% of gun sales occur with a background check Mass shootings like the ones at Aurora, Colorado and at Sandy Hook Elementary School renew the controversy about gun laws in America. Many people see this as an indication that America needs stricter gun control to protect its citizens, while still others maintain that these tragedies are the fault of a few deranged individuals. Background checks are designed to keep guns out of the hands of those that have a history of violence, and has been shown to be effective in doing so to a certain extent. In addition, many statistics on shootings include self-defense and police intervention.
 * [] : Jews for the Preservation of Firearm Ownership
 * []: National Rifle Association
 * [|http://www.pinkpistols.org]: Pink Pistols LGBT