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Gun Control: How to End Gun Violence

22 Mar 2013

Gun control is among the top news items and blog posts. Searches for the keyword ‘’gun control” have spiked. So have those for ‘’Obama gun control’’ and ‘’Batman Tragedy’’. There are few criminal events as stunning and frightening as a mass shooting. Sudden, random and unpredictable episodes like the killing of six men by a gunman in a Sikh temple in Oak Creek, Wisconsin; the early morning massacre at an Aurora, Colorado, movie theatre; and the massacre at Sandy Hook Elementary School, Newtown, Connecticut. These horrific events have spawned a federal task force on gun control and kick-started a national conversation about gun violence and gun law. President Obama is even considering a “universal background check” for anyone wanting to own a gun Lawmakers began a new session of Congress with the mass shooting at Newtown inspiring a new push to pass gun control laws that could prevent another tragedy. On Day One, lawmakers in the House of Representatives introduced nearly a dozen bills related to gun violence. Rep. Carolyn McCarthy, D-New York, a long-time gun control advocate, led on the Democratic side. She is sponsoring legislation that would require background checks for all gun sales — including at gun…

Gun Control – ‘’Right of the People’’ : The Supreme Court Debate

21 Feb 2013

The Second Amendment provides: “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.’’ In this post I consider two questions related to gun control. Is the right to keep and bear arms stated in the Second Amendment to the Constitution an individual right or a collective one? And if a collective one, who is included? In D.C. v Heller in 2008, the Justices of the U.S. Supreme Court debated the meaning of the phrase “right of the people” http://www.supremecourt.gov/opinions/07pdf/07-290.pdf. In summary the Court held: ‘’1. 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…. (a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms…. (b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert…