Sunday, February 16, 2020
How to make current handgun control laws stronger, and more Research Proposal
How to make current handgun control laws stronger, and more enforceable - Research Proposal Example Instead it offer an umbrella protection to everyone by making laws which are definitely worth their weight in gold but are not actually imposed by all states. The gaps between state and federal gun control laws make the problem even worse. Federal gun control policy is simple: firearms must not reach irresponsible or dangerous people. This approach is particularly uncontroversial and hence approved by most quarters. Some of the key laws in this regard are the 1968 law passed in response to the killing of Robert Kennedy, the federal law prohibiting sale of firearm without background check, and prohibition on sales to illegal aliens. These laws should have been good enough to stop some incidents like the Virginia Tech massacre but the reason they failed lies in gaps existing between state and federal laws. Due to these gaps, Seung-Hui Cho was never reported to the federal police as he has already been termed mentally ill. According to 1968 federal law, people who are "adjudicated as a mental defective" are prohibited from possessing firearms. This is probably the most significant piece of legislation on gun control in last 50 years. Even though attempts have been made to pass other laws too, none have been as significan t in their impact as the Gun Control Act of 1968. The main objectives of the Act were as follows: (1) Eliminating the interstate traffic in firearms and ammunition that had previously frustrated state and local efforts to license, register, or restrict ownership of guns. (2) Denying access to firearms to certain congressionally defined groups, including minors, convicted felons, and persons who had been adjudicated as mental defectives or committed to mental institutions. (3) Ending the importation of all surplus military firearms and all other guns unless certified by the Secretary of the Treasury as "particularly suitable for ... sporting purposes."2 The country needs stricter gun control laws but a recent US Supreme Court decision may give another message. In June 2008, US Supreme court gave an emphatic nod to firearm owners when it overturned a Washington DC ban on possession of guns. No other recent decision was as vital in significance as this one since it offered an interpretation of the Second Amendment and also explained how constitution treats the subject. In writing the majority opinion, Justice Scalia, ruled that the Constitute does not infer "the absolute prohibition of handguns held and used for self-defense in the home.3" For this reason gun control laws are definitely one of the most controversial issues in the country. Even though we acknowledge the need for stricter gun control laws, the Supreme Court interpretations of the Constitutions and other rights, often create a hurdle for the implementation and passing of these laws. Jenson (2007) writes: "Gun control legislation has had a long and inconsistent history in the United States. Congress first passed laws controlling firearms in the early 20th century. Throughout the past century, the issue has been debated frequently by opponents and proponents. Each side has used a different interpretation of the Second Amendment of the Constitution, a provision giving citizens the right to bear arms, to boost its arguments for or against gun control.
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