the second amendment, firearms, and gun control
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An article that discusses the second amendment, fierarms and statistics, and gun control legislation.TRANSCRIPT
Revised: September 2015
The Second Amendment, Firearms, and Gun Control
by Brandon H
Section I. The Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution states, “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.” But what does this amendment mean? Let’s break it down into three
parts.
“A well regulated militia” - Many gun control advocates argue that the second amendment
only applies to those serving in the armed forces. However, this view is incorrect and does not
line up with the views of the Founding Fathers. George Mason, the “Father of the Bill of Rights”
once stated, “...who are the militia, if they be not the people of this country...? I ask, who are
the militia? They consist of now of the whole people…” According to George Mason, who
helped draft the amendment, the second amendment applies to all citizens of the United
States. Richard Henry Lee, one of the statesmen who called for the Declaration of
Independence wrote, “A militia when properly formed are in fact the people themselves . . .
and include all men capable of bearing arms. . . To preserve liberty it is essential that the whole
body of people always possess arms…” Richard H. Lee also agreed with George Mason. He
added that all men capable of possessing arms (Meaning those who were not criminals,
mentally ill, etc.) should possess them in order to preserve freedom. This leads me to my next
point.
“being necessary to the security of a free state” - The main purpose of the second amendment
is to preserve a government run by the people and to deter/overthrow tyranny. Thomas
Jefferson, the principal writer of the Declaration of Independence and the third US president
said, “God forbid we should ever be twenty years without such a rebellion.... And what country
can preserve its liberties, if its rulers are not warned from time to time, that this people
preserve the spirit of resistance? Let them take arms.... The tree of liberty must be refreshed
from time to time with the blood of patriots and tyrants.” This quote clearly states that the
people should take up arms so that they can preserve their liberty. Without an armed citizenry,
the government would be free to do as they please. If the government were to pass legislation
that removed all of our rights, what are we supposed to do? March to the capital unarmed
against the tyranny? Many people, after hearing this say that this is not relevant today.
However, the threat of tyranny right now is no less than it was in 1700, 1800, or 1900. Hitler
took power through the democratic process of the Weimar Republic. Look at what he did. He
killed millions of innocent men, women and children in concentration camps. What did the
soldiers who followed him say? They said that they were just following orders. Even after this,
some people may say that society has learned its lesson; this will never be repeated. However,
a social experiment at a Palo Alto, CA school said otherwise.
Read the News Story:
Palo Alto Centennial
Publication Date: Wednesday, April 13, 1994
A dangerous experiment
by Susan Jackson
When Ron Jones started teaching at Cubberley High School in the fall of 1968, it was considered the most innovative of Palo
Alto's high schools. That's why the 26-year-old graduate student in the Stanford Teacher Education Program wanted to teach
there. His methods were experimental and his goal was to bring social studies to life. And because it was the '60s, Jones was
caught up in a whirlwind of student activism the likes of which Palo Alto had never seen before.
But what gained Jones an international reputation was an experiment in which students, the school's principal and other
members of the community flirted with aspects of Nazism for a week.
Jones formulated the idea during a discussion on Nazi Germany when a student insisted "it couldn't happen here."
To find out, Jones turned his class into an efficient youth organization, which he called the Third Wave. Some students were
informers, and some were told they couldn't go certain places on campus. He insisted on rigid posture and that questions be
answered formally and quickly.
The experiment, initially scheduled for one day, stretched into five. "It was strange how quickly the students took to a uniform
code of behavior. I began to wonder just how far they could be pushed," Jones wrote in "No Substitute for Madness," a book
that chronicled the experiment.
To his surprise, Jones found that students recited facts more accurately in this authoritarian environment and that he had no
discipline problems. One previously lost soul suddenly had a role in the school--he became Jones' bodyguard.
But soon the experiment began spinning out of control.
At a Friday assembly, five days into the experiment, Jones announced, "We can bring (the nation) a new sense of order,
community, pride, and action. Everything rests on you and your willingness to take a stand," he told students.
As one, the students shouted, "Strength through discipline!"
After a long silence, Jones began to speak. "There is no such thing as a national youth movement called the Third Wave. You
have been used. Manipulated. Shoved by your own desires into the place you now find yourselves."
He showed a movie of Hitler at the Nuremberg rally. The students and teachers saw that they had only too readily adopted
many of the behaviors they were witnessing on the screen. They realized the possibility that it could happen here.
"I wouldn't do it again," Jones said in 1991. "I put students at risk." Jones' "bodyguard" broke down in tears after the rally, as
did many other students. And while the students were learning more facts, "they gave up their freedom" during the
experiment, he said.
The Third Wave didn't become public knowledge for years. Jones eventually wrote about it, long after he had left teaching, in
"No Substitute for Madness," one of his 30 books. A movie and a play were made about the experiment.
“the right of the people to keep and bear arms, shall not be infringed.” What does this mean
for us? It states that as citizens of the United States, we have the right to possess and carry
weapons. Technically, this includes all weapons that a citizen is able to operate. This includes:
so called “assault weapons”, “high capacity magazines” and ammunition. Now, this does not
mean that the Second Amendment is unlimited. Obviously, only people who have no history of
criminal activity or mental illnesses and have the physical/mental ability to operate the
weapons, should be able to possess these weapons. The amendment also allows for people to
bear arms. This means that citizens should be able to carry their firearms in public. (e.g.
Concealed Carry). With all of that said, some people believe that the second amendment was
written assuming that the main firearm would be the musket, which could only fire one round
at a time. First of all, this is the same thing as saying your first amendment right only allows you
to express free speech by writing with a quill and ink. Also, multiple weapons capable of firing
multiple rounds were in development/in service before the constitution was drafted. The
puckle gun had a revolver like cylinder which rotated upon firing each round. This allowed
multiple rounds to be fired within a short amount of time. Also, Thomas Jefferson owned a
Girandoni Air Rifle, which is classified as a modern-day “assault weapon” due to its
characteristics: It had a high capacity magazine, it could fire 22 aimed shots in 60 seconds, and
it was a military style weapon (Used by the Austrian Army from 1780 to 1815)(Note: The second
amendment, which is part of the Bill of Rights, was passed in 1791)
Other than the Second Amendment, the Founding Fathers had many things to say about gun
legislation:
“Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor
determined to commit crimes. . . Such laws make things worse for the assaulted and better for
the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man
may be attacked with greater confidence than an armed man.”
-Thomas Jefferson, 3rd US President (Originally written by a 18th Century criminologist named,
Cesare Beccaria)
"Are we at last brought to such an humiliating and debasing degradation that we cannot be
trusted with arms for our own defense? Where is the difference between having our arms
under our own possession and under our own direction, and having them under the
management of Congress? If our defense be the real object of having those arms, in whose
hands can they be trusted with more propriety, or equal safety to us, as in our own hands?"
-Patrick Henry, (“Give me liberty, or give me death”)
Section II. Firearms
Merriam-Webster defines a firearm as: “a weapon from which a shot is discharged by
gunpowder”. This means weapons such as rifles, pistols, shotguns, etc.
In 2013, the firearms industry generated $37.7 Billion in economic activity. It is responsible for
the creation of 250,000 jobs in the US. (National Shooting Sports Foundation, 2013)
Firearms are possessed by approximately 100 million out of 300 million US citizens. (Firearms
and Violence: A Critical Review, 2005)
In 1997, 80% of all criminals obtained their firearms either through illegal street dealing or
through family/friends. (Department of Justice, 2001)
In a 2005 Gallup poll, 67% of gun owners claimed to own a firearm for self defense; 66% for
target/recreational shooting; and 58% for hunting. (Gallup Poll, 2005)
Gun Ownership is on the rise: “NICS background checks [Background check used for firearm
purchases] soared from 11.2 to 21.1 million between 2007 and 2013. The sale of guns
accelerated further over the last two years -- averaging 14 million during 2008 to 2011 and over
20 million during 2012 and 2013.” (Crime Prevention Research Center, 2014)
Violent Crime has been on a decreasing trend. In fact, the violent crime rate is at the lowest
level since 1978. The rate has fallen each year since at least 1994. (Time Magazine with
References to the FBI, 2014)
In 2007, there were 613 accidental firearms deaths in the US. This consisted of 0.5% of all
accidental deaths in the US. (Center for Disease Control, 2007)
In 2007, there were 15,698 emergency room visits due to firearm accidents. This consisted of
0.05% of all emergency room visits related to accidents. (Center for Disease Control, 2007)
In 2008, there were roughly 16,000 murders in the United States. 67% of these murders were
committed with a firearm. (Federal Bureau of Investigation, 2008)
In 2008, there were 5,340,000 violent crimes committed in the United States. Only 8% of these
crimes were committed by an assailant with a firearm. (Federal Bureau of Investigation, 2008)
Excluding all law enforcement, military or security work, firearms are used approximately 1
million times each year for self defense. In most cases, Firearms were either brandished or
warning shots were fired, resulting in the assailant fleeing. (Journal of Quantitative Criminology,
2000)
Civilians use firearms 500,000 times each year to scare away or disable home invaders. (Center
for Disease Control, 1994)
“almost all national survey estimates indicate that defensive gun uses by victims are at least as
common as offensive uses by criminals, with estimates of annual uses ranging from about
500,000 to more than 3 million per year.” (Center for Disease Control, 2013)
In the City/County of Denver, the average police response time is 14.3 minutes. Think about
what a criminal would be able to do within that timeframe. (Office of the Auditor, Audit
Services Division, City and County of Denver, 2014)
In the United States, the average police response time is 10 minutes. The best response time is
4 minutes and the worst response time is over 1 hour. (American Police Beat/US Department of
Justice)
From 1976 to 2008, Washington D.C. had a law prohibiting civilians from possessing handguns.
During these years, the murder rate in Washington D.C. increased 73%. (Federal Bureau of
Investigation, 2010)
In 1920, 1968, and 1997, Britain passed numerous gun control laws that resulted in mandatory
firearms confiscation. After the 1968 gun control law, the murder rate in England and Wales
increased 52%. After the Firearms confiscation in 1997, the murder rate increased 15%. (House
of Commons: Committee of Public Accounts, 1999)
In 1987, Florida passed a law that guaranteed a citizen’s right to carry a firearm concealed (Over
21, No Criminal Background, No Mental Illnesses). In 2010, approximately 5.4% of the state’s
population had a concealed carry permit. After the law took effect, Florida’s murder rate
decreased 36% while the overall US murder rate decreased 15%. (Federal Bureau of
Investigation, 2010)
In 1996, Texas passed a law that guaranteed a citizen’s right to carry a firearm concealed. (Over
21, No Criminal/Mental Health Background, Pass a Handgun Proficiency Test) In 2009,
Approximately 2.4% of the state’s population possessed a concealed carry permit. After the law
took effect, the murder rate in Texas decreased 30% while the overall US murder rate
decreased 28%. (Federal Bureau of Investigation, 2010)
In 2001, Michigan passed a similar law to Texas. After the law took effect, Michigan’s murder
rate decreased 4% while the US murder rate decreased 2%. (Federal Bureau of Investigation,
2010)
Less than 2% of all crime involving firearms are committed with a rifle. (Congressional Research
Service Report, 2012)
Results of a Law Enforcement Survey by Police One:
-95% of officers stated that a federal ban on high capacity magazines would not decrease crime
-91% of officers stated that a federal ban on certain semi-automatic firearms would either not
affect or increase violent crime rates
-85% of officers stated that the Obama administration’s approach to gun legislation will not
make people safer
-70% of officers were confident that their chiefs/sheriffs would not enforce unconstitutional
gun laws
-61% of officers would not enforce unconstitutional gun laws, 20% were unsure
-65% of officers stated that increased mental health care, armed guards, and concealed carriers
would help prevent large scale mass shootings
-90% of officers stated that casualties would be reduced significantly if armed citizens were
present at mass shooting events
-80% of officers support arming teachers who voluntarily wish to undergo firearms training and
carry their firearms at school
-81% of officers stated that gun buyback programs do not reduce gun violence
-60% of officers believe that increased punishment for illegal gun sales could have a positive
impact on reducing gun violence
-56% of officers stated that training should be required for firearms purchases
Major Gun Control Laws that are Ineffective:
Ban on High Capacity Magazines/Assault Weapons in order to prevent mass shootings
-95% of officers stated that a federal ban on high capacity magazines would not
decrease crime
-91% of officers stated that a federal ban on certain semi-automatic firearms would
either not affect or increase violent crime rates
-Even if all firearms were banned, mass killings would still occur:
-In 2012, in Central China, a man stabbed 23 people, including 22 children at a
school
-In 2014, in Pennsylvania, a student stabbed 22 people at a school
-In 2010, in Eastern China, a man stabbed 13 children at a school
-The shooter in the Virginia Tech Shooting used low capacity magazines. (10/15 Rounds)
He just brought more of them.
-8% of all assailants in violent crime were armed with a firearm
-2% of violent crimes involving firearms were committed with assault weapons
-From a 2004 Department of Justice report on the effects of the Assault Weapons/High
Capacity Magazine ban of 1994-2004:
“But a more casual assessment shows that gun crimes since the ban have been
no less likely to cause death or injury than those before the ban, contrary to
what we might expect if crimes with AWs and LCMs had both declined. For
instance, the percentage of violent gun crimes resulting in death has been very
stable since 1990 according to national statistics on crimes reported to police
(see Figure 9-1 in section 9.1).110 In fact, the percentage of gun crimes resulting
in death during 2001 and 2002 (2.94%) was slightly higher than that during
1992 and 1993 (2.9%).”
-From an article on high capacity magazines:
”Consider that one of the Columbine shooters used a Hi-Point 995 carbine rifle,
which uses 10 round magazines. He just carried 13 of them. Similarly, the
Virginia Tech shooter used handguns and 17 magazines – mostly of 10-round
(but also some 15-round). Two of the highest profile mass shootings in recent
history and shooters used 10-round magazines; they just brought a lot of them.
These magazines would not have been affected at all by the proposed ban.”
”Magazine changes can be very, very rapid, taking just seconds. The Columbine
shooters had all the time in the world to reload and reload. They shot in the
cafeteria, they entered the library, the went back to the cafeteria, then they
went back to the library, and finally the science area. The shooting started at
11:19am and they continued their carnage until they committed suicide at
approximately 12:08pm - or nearly an hour.
-From a 2013 letter by the County Sheriffs of Colorado
“Law enforcement officers carry high capacity magazines because there are
times when 10 rounds might not be enough to end the threat. County Sheriffs
of Colorado believe the same should hold true for civilians who wish to defend
themselves, especially if attacked by multiple assailants.”
“When seconds matter, County Sheriffs of Colorado do not want to deny a
law-abiding citizen the ability to defend himself and his family based on an
arbitrary limit on how many bullets should be in one magazine clip.”
-80% of criminals obtain firearms illegally; they will be able to acquire high capacity
magazines illegally also.
-Civilians can effectively use assault weapons for multiple purposes:
-Civil Unrest/Disasters/WROL (Without Rule of Law) Scenarios
-During the 1992 Los Angeles Riots, emergency services, including law
enforcement were unable to respond to widespread looting, murder,
robbery, etc.
-However, in Korea Town, a Korean business owner armed himself with a
rifle in order to prevent looters from harming him and destroying his
store.
-Along with other armed citizens, they fired shots into the air, scaring
away any attackers.
-Defense Against Multiple Attackers
-The low recoil of the assault rifle allows for the armed citizen to
effectively control his shots, allowing him to target multiple attackers.
-The high powered rounds fired by the assault rifle also allow for the
citizen to disable attackers with few rounds.
-The characteristics of the 5.56mm round (Most common round used in
assault rifles) allow for it to effectively disable an attacker without
piercing through the walls behind him. This makes it extremely viable for
home defense, where children may be present in another room.
-The high magazine capacity allows for the armed citizen to take on
multiple attackers without reloading. If the capacity was limited, the
attacker may possess a magazine of higher capacity, giving him the
advantage.
-Last Line of Defense Against Tyranny
-In Federalist Paper #46, one of the Founding Fathers, James Madison,
stated that it was doubtful that a small standing army would be able to
conquer an armed American citizenry. He also argued that in order to
repel a standing army, citizens must arm themselves with the weapons of
a common soldier. Today, a common soldier carries an assault rifle with
high capacity magazines.
-There are multiple examples of democracies turning into totalitarian,
tyrannical governments:
-1925: Italy turns from a Parliamentary Democracy to a
Dictatorship under Mussolini
-1933: Germany turns from a Parliamentary Democracy to a
Dictatorship under Hitler
-1939: Spain turns from a Republic to a Dictatorship under Franco
Above image shows an American Internment Camp (Formed During WWII, Held All American
Citizens of Japanese Ancestry for “Public Safety”)
Gun Free Zones in order to prevent mass shootings
-90% of officers stated that casualties would be reduced significantly if armed citizens
were present at mass shooting events
-80% of officers support arming teachers who voluntarily wish to undergo firearms
training and carry their firearms at school
-Why would criminals not carry their weapons because of a sign? Gun Free Zones would
disarm law-abiding citizens, not the criminals
-Criminals target places where they know nobody will be armed in order to reduce their
risk
-Amanda Collins was a concealed carry permit holder in Nevada. However, she studied
at the University of Nevada which was a “Gun Free School Zone”. She was not carrying
her firearm when she was raped, with a firearm pointed at her head, less than 300 yards
from the campus police office. Her attacker, James Biela went on and murdered Brianna
Dennison, a 19 year old.
Bans on Concealed Carry
-Multiple statistics prove that good guys carrying guns decrease crime rates.
-Criminals do not follow the law and will carry their firearms anyway.
-Again, a ban on concealed carry would only disarm law-abiding citizens, not criminals
-The average police response time in the US is 10 minutes. When seconds count, the
police officers are minutes away.
-From a 2014 Report on Concealed Carry by the Crime Prevention Research Center:
“To put this in perspective, during the eight years from 1999 to 2007, the
number of permits increased by about 240,000 per year. During the next four
years that figure surged to 844,000 net new permits per year. And from the end
of 2011 to 2014 the yearly increase had soared to 1,390,000 net new permits
per year.”
“The total number of permit holders presented in our report somewhat
underestimate the true number of people who can legally carry concealed
handguns.
-Permits are not required to carry a concealed handgun in five states and
99.4 percent of Montana.
-Data is not readily available for all states.
-For some states the data is one or two years old and this misses the
huge recent growth we have seen in the number of permits.”
“Between 2007 and the preliminary estimates for 2013, murder rates have fallen
from 5.6 to 4.4 per 100,000 - a 22 percent drop in the murder rate at the same
time that the percentage of the adult population with permits soared by 130
percent. Overall violent crime also fell by the same percentage, 22 percent, over
that period of time.”
Banning/Excessive Taxing on Ammunition
-Again, it would only prevent law-abiding citizens from defending themselves
-Criminals will acquire ammunition via illegal methods
-Firearms are only used in 8% of all violent crime. Even if ammunition was banned and
firearms were not used, criminals would use other weapons such as knives or hammers
Firearm Registration
-Criminals will not register illegal firearms
-Allows for a future government to confiscate firearms
-In 1931, before Hitler came to power, the Weimar Republic ordered people to register
their firearms
-After Hitler came to power democratically, he used the gun registry to confiscate all
firearms owned by the Jews and others who were deemed not “politically reliable”.
Part III. My Proposed Gun Laws
Goal: Prevent criminals/mentally ill from acquiring firearms through a legal avenue; Decrease
violent crime rates; Increase firearm safety; Protect the Second Amendment
Eligibility:
-Must be 18 Years Old
-Must not have been convicted of a felony (Prove via National Database of Criminals)
-Must not be currently diagnosed with a mental illness that impedes the ability to
think/act logically (Prove via Medical Records and the Judgement of the Firearms
Dealer)
Background Checks:
-Should be required for all firearms sales and transfers
-Background Checks should check for criminal history and mental illness
-Background Checks should be instant
Firearm Safety:
-It is the responsibility of the owner to use common sense when using, storing, and/or
carrying a firearm
-It is the responsibility of the owner to provide education for household members on
firearm safety, use, etc.
-If an individual is injured or killed due to the negligence of the firearm owner, the
firearm owner shall be held accountable and charged with the appropriate crime
Carry in Public:
-Any person qualified to purchase a firearm is allowed to carry a firearm in public
-Open Carry is not legal on private property without the owner’s consent
-Concealed Carry is legal everywhere
-Intoxicating substances (e.g. alcohol) shall not be consumed when carrying a firearm
“Assault Weapons”, “High Capacity Magazines”, and Ammunition:
-All firearms, including assault weapons shall not be prohibited
-Magazines including so called “high capacity magazines” shall not be prohibited
-All Types of Ammunition shall not be prohibited
-Note: ALL rifle ammunition is capable of defeating Level IIIA Body Armor used by
law enforcement officers
-All other firearms accessories shall not be prohibited
Other:
-No State or Local entity shall pass gun control legislation more restrictive than stated
here
-Suspected criminals may be held at gunpoint until law enforcement arrives
-The defender must give the suspected criminal a verbal warning
-Lethal force shall only be used if there is a threat of severe bodily harm against any
person
-In cases of self defense, the defender shall not be convicted of a crime
-Firearms shall never be confiscated unless the owner has committed a crime
-Firearms and Firearm Owners shall never be registered
-No firearms, ammunition, or firearm accessories shall be unreasonably taxed
-Firearms and Ammunition shall be sold/transferred at a licensed firearm dealer
-Firearm dealers must be eligible to possess a firearm
-All Federal Gun Control Laws should be repealed and replaced with this one
-WMDs (Weapons of Mass Destruction) and Explosives should still be controlled by the
Federal Government
-Laws regarding weapons not listed in this law should be defined by each individual
state
Sources:
http://www.buckeyefirearms.org/gun-quotations-founding-fathers
http://www.paloaltoonline.com/news_features/centennial/1960SC.php
http://www.ushmm.org/outreach/en/article.php?ModuleId=10007671
http://inventors.about.com/od/militaryhistoryinventions/a/firearms.htm
http://www.defensemedianetwork.com/stories/the-girandoni-air-rifle/
http://www.justfacts.com/guncontrol.asp
http://www.merriam-webster.com/dictionary/firearm
http://www.policeone.com/Gun-Legislation-Law-Enforcement/articles/6183787-PoliceOnes-Gu
n-Control-Survey-11-key-lessons-from-officers-perspectives/
http://www.assaultweapon.info/
http://www.nrawomen.tv/refuse-to-be-a-victim/video/amanda-collins-a-survivor-s-story/list/r
efuse-to-be-a-victim-feature
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ok
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eterrent
http://time.com/3577026/crime-rates-drop-1970s/
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http://news.yahoo.com/least-six-stabbed-pennsylvania-high-school-reports-124150702.html
http://edition.cnn.com/2010/WORLD/asiapcf/03/23/china.school.attack/
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