Introduction
When the government enacted the Second Amendment 150 years ago, few people envisaged that the statute would be a security risk to the country one day. Today, owning a gun-whatever kind of a gun-is possible in America. Crime rates are soaring. Over 35, 000 people die because of gun violence (Master, 2016). The public, federal and state governments and Congress are looking for ways to solve the policy concern. Unfortunately, progress is agonizing slow. Combating crime is currently one of the highly ranked policy issues according to the US State Department.
Public Policy type
Gun control, being a regulatory public policy continues to draw mixed reactions. In the last 50 years, the issue of guns and other firearms has been particularly thorny (Steidley & Cohen, 2017). Gun owners and enthusiasts see gun control as a violation of the express freedoms guaranteed by the constitution. However, several violent occurrences such as mass shootings in schools and churches have shaped the debate in favor of gun control. According to Cook (2018), violent crimes orchestrated by gun owners on innocent civilians such as the Orlando shootings soften public stance on possible control of who can own a gun. Unfortunately, the effects of these events dissipate over time leaving a deadlocked position in Congress and the political class (Gunn, Ter Horst, Markossian & Molina, 2018).
In the recent past, gun control has four main dimensions (Barry, Webster, Stone, Crifasi, Vernick & McGinty, 2018). Researchers, non-profit organizations, victim lobby groups, and such organizations, contend that people who have mental disorders including substance abuse disorders should not own a firearm (Rozel & Mulvey, 2017). The federal government thinks that a person who has links to violent or extremist groups such as crime syndicates should not operate a gun. For example, people who have a history of violence, including domestic violence, should fall under this category. The National Rifle Association (NRA), a lobby group that has the backing of gun owners and manufacturers, considers gun control as an infringement to fundamental freedoms of forming and arming a militia to protect themselves from the excesses of government or external aggression (Steidley & Cohen, 2017). The bulk of the population thinks that guns are an exclusive reserve of law enforcement officers. In such a defragmented society, only regulatory policies make sense to institutionalize the greater good position (Hamilton & Kposowa, 2015).
The current public policy on guns is considered inadequate (Weg, 2016). Researchers have fronted several issues worth considering from a policy perspective. Key among them is a lack of effective background checks, gun access to children, issues with gun modifications, and gaps between legislation, goodwill, and political showmanship.
Policy Modification
Positive Modification
Make Background Checks Functional
Most proponents of gun control argue that effective background checks can solve issues of gun violence. Who can own a firearm? The question is simple when asked, but it has diverse implications in the application. Medical research shows that people with mental disorders should not own firearms (Swanson, McGinty, Fazel & Mays, 2015). They are at risk of hurting themselves and the public. Can a background check capture this? Presently it is almost impossible because medical records are not part of background checks unless someone is considered of unsound mind by a competent authority. A functional background check would include more databases, not just crime connections or prior convictions. People with charges of drunk and disorderly should not own guns, too.
Regulation of Gun Sales
According to the federal government, about 20% of the people who buy guns do so without background checks. If there will be functional background checks, there should be a law that prohibits and punishes selling guns absent of full background check. Another thorny issue is the fact that people buy guns, but they do not have the technical knowledge about storage and safety precautions. Sellers should be able to question gun buyers about precautionary measures such as storage features in a home setting (Bar-Or & Almog, 2015).
Negative Modifications
Arming Teachers
There are some suggestions about arming the teachers to reduce the risk of criminal gangs targeting schools. Such a proposal would see every teacher encouraged to get a license to own a firearm. In case of an incident that involves gun extremism, the teacher can intervene. If such a law existed, church leaders would also want to arm the priests and pastors. Merrymakers will wish to arm performers, too. Such a law would be a bad idea (Terrades, 2017)
Allowing Unregulated Acquisition of Popular Assault Rifles
Gun associations say that assault rifles such as the R-15 are popular among buyers. Preventing the sale of such rifles can dent the profits of the companies. Allowing anybody eligible to own a firearm to purchase an assault rifle at will is the will of the NRA. Such a move will negate the gains made previously by the Assault Weapon ban of 1994, which expired in 2004. Today, a significant number of children have access to dangerous weapons at home (Children Hospital of Philadelphia Research Institute, 2018)
The Constitution
Governments, interest groups, and businesses have an integral role in determining if a policy can succeed or not. Most policy experts contend that Congress has two functions that prevent it from effectively solving the current problems deviling gun controls. The constitution also guarantees people the right to organize themselves in the form of interest groups (Spitzer, 2017).
To Raise and Support Armies Including a Regulated Militia for the Security of a Free State
This is a constitutionally granted mandate that Congress considers fundamental to its task. The drafter's of the Second Amendment envisaged a free society that can help in enhancing security. Legislating against ownership would be a constitutional violation, and that is why gun control policies that work in other countries such as Australia are not replicable in the US (Weg, 2016). Congress can also include monitoring of traded firearms, explosives, and other ammunition. Congress can also work on laws about the proper use of firearms by gun owners.
The Power to Regulate Commerce
Congress has authority over trade and business in the public sphere. Gun trade, including manufacture, modification, patenting, and sales are within the Congress' legislative capacity. In the current environment, public opinion balks at the power of NRA, Congress would play a role in regulating trade classes of guns such as long guns.
Power to Lobby
Gun owners and manufacturers have NRA, but the rest of the public lacks a similar institution that has a comparable influence on legislation. Businesses rely on lobby efforts. For example, the energy lobby groups spend million during elections. Similarly, lobby organizations-including caucus groups in Congress-can organize their legislative support through lobbying for greater gun control.
References
Bar-Or, K. L., & Almog, J. (2015). Children and guns: The detection of recent contact with firearms on children's hands by the PDT reagent. Forensic science international, 253, 43-47.
Barry, C. L., Webster, D. W., Stone, E., Crifasi, C. K., Vernick, J. S., & McGinty, E. E. (2018). Public Support for Gun Violence Prevention Policies Among Gun Owners and Non-Gun Owners in 2017. American journal of public health, 108(7), 878-881.
Children Hospital of Philadelphia Research Institute, (2018). Gun Violence: Facts and Statistics. Center for Injury Research and Prevention. Retrieved from https://injury.research.chop.edu/violence-prevention-initiative/types-violence-involving-youth/gun-violence/gun-violence-facts-and.
Cook, P. J. (2018). Challenge of firearms control in a free society. Criminology & Public Policy, 17(2), 437-451.
Gunn, L. H., Ter Horst, E., Markossian, T. W., & Molina, G. (2018). Online interest regarding violent attacks, gun control, and gun purchase: A causal analysis. PLoS one, 13(11), e0207924.
Hamilton, D., & Kposowa, A. J. (2015). Firearms and violent death in the United States: Gun ownership, gun control, and mortality rates in 16 states, 2005-2009. British Journal of Education, Society & Behavioural Science, 7(2), 84-98.
Masters, J. (2016). US gun policy: global comparisons. Council on Foreign Relations.
Rozel, J. S., & Mulvey, E. P. (2017). The link between mental illness and firearm violence: implications for social policy and clinical practice. Annual review of clinical psychology, 13(1), 445-469.
Spitzer, R. J. (2017). The politics of gun control. NY: Routledge.
Steidley, T., & Colen, C. G. (2017). Framing the gun control debate: press releases and framing strategies of the National Rifle Association and the Brady Campaign. Social Science Quarterly, 98(2), 608-627.
Swanson, J. W., McGinty, E. E., Fazel, S., & Mays, V. M. (2015). Mental illness and reduction of gun violence and suicide: bringing epidemiologic research to policy. Annals of epidemiology, 25(5), 366-376.
Terrades, V. (2017). Mass Shootings And Offenders' Motives: A Comparison Of The United States And Foreign Nations. ILSA Journal of International & Comparative Law, 23(3), 399-423.
Weg, J. (2015). We Don't Come from a Land Down under: How Adopting Australia's Gun Laws Would Violate the Second Amendment of the US Constitution. Cardozo J. Int'l & Comp. L., 24(1), 657-689.
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