The Issue of Gun Control in the US - Essay Sample

The issue of gun control I the US has been a major concern after it has been established that many gun-shooting related deaths exist despite the present legislation CITATION Don09 \l 1033 (Kates). It has been argued that the current legislations have not been adequately enforced thus creating a loophole in the issue of gun control. Apparently, it has proven to be challenging to stop evil people from using guns to perform their evil deeds. The issue of gun control was recognized as an important area for the law to intervene in 1934 through the establishment of the National Firearms Act of 1934. However, the current state of control of the guns has seen voices being echoed from various sectors such as politicians and activists calling for more action. The system in place seemed to have allowed most Americans to access guns and even use them uncontrollably. This paper aims to provide adequate reasons as to why gun control has failed to work in the US.

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Possession of firearms in the US has been on the rise for many years to the extent that it has shocked most policy makers CITATION The00 \l 1033 (The Open Society Institute). Very limited control is exercised by the government to control the situation despite the existing laws such as the FTA. Some states seem to have put more efforts in controlling the handling of firearms by citizens while others have been reluctant. For instance, a twelve-year-old child in North Carolina must not hold a firearm but a five-year-old in Texas has the freedom to handle a firearm. This proves that there exist numerous inconsistencies regarding control of firearms at state levels. Practically, an individual in a restricted state can acquire an illegal firearm in a different state. About 43 states in the US demand no license for acquiring weapons, which implies that over 48 percent have the freedom to purchase a firearm. Another significant loophole in the control of firearms is the number of firearms one is allowed to have. A staggering number of 46 states have not specified the maximum number of firearms that a citizen can hold at the same time. Only four states have made an effort to limit a firearm owner to only one firearm at the moment.

According to a publication made by Davis in The Federalist, a trend known as the gun show loophole has only been used as a myth. Davis argues that a law exists which determines the control and use of guns in the US. However, his article provides evidence to prove that a loophole exists in the federal laws controlling the selling and buying of firearms. For instance, private non-FFL residents can choose to transact in firearms under an exemption. In such a case, the federal law pays more attention to the individuals engaging in the trade yet the place equally has a lot of significance. It is this exemption that creates a loophole for many guns to be accessed by citizens in the US. Gun confiscation was attempted in countries such as Australia in 1996 with fruitless results. It implies that a similar attempt in the US is likely to fail. This proves that policy makers have failed to come up with a comprehensive and workable policy for controlling guns in the US.

Miller et al. have argued that the American gun culture is the biggest hindrance to the application of gun controls. When compared to other developed countries, the US scores high regarding privately owned guns per capita. The law has allowed many Americans to own guns to the extent that the society has considered it a legal practice. It has become difficult to identify the licensed firearm holders and the unlicensed firearm holders. Tactically, implementing any firearm control reform has proven to be a contentious issue.

The NFA seemed to have little impact in reducing the number of guns in the hands of the wrong people living in the US CITATION Wil12 \l 1033 (Krouse). It has been established that the NFA only targeted to bar criminals from accessing extremely lethal firearms. From this point of view, the law is weak regarding justifying the threat posed by other firearms such as pistols. The law was weak in application given the fact that it allowed almost every individual to possess a firearm in the name of self-protection. Statistics has proven that most firearms used by gangsters in crime were once registered as NFA firearms. The NFA firearms are collected by the legible citizens but through one way or another gets to the hands of a wrong person.

Previous cases relating to firearms have proven that a lot need to be done to control the access and use of firearms in the US. The case of States v. Lopez provided enough potential for the pendulum to swing more in the wrong direction (Miller et al.). The state ruling declared that there was no problem in handling a gun near a school as the situation never affected interstate commerce. Initially, the court zone act had been established to prevent the handling of firearms within the school zone. The court further stated that the firearm regulatory scheme did there was not a problem in handling a firearm near a school. Heller earned the favor of the court because most Americans purchase guns to be used for providing self-defense. The system in place has also locked policy makers for developing a good policy to enable total control of guns through means such as confiscation. For instance, the levels of democracy in the US tie the hands of policymakers for a democratic approach to the issue. The democratic approach would mean that most people would reject motions that aim to confiscate guns. It has been established that over 70 percent would prefer registration of their firearms rather that confiscation. It can also be noted that the call for firearm control has not been a main concern for the general public. Only a few member of the public can be traced complaining about the current state of firearm possession in the US.

Firearm possession in the US is a practice that began as early as 1934 with the main aim of providing citizens with an option of exercising self-protection.Since then, illegal firearms and increased number of firearm users have emerged to be the biggest challenge. This report has established that the increased number of firearm users leads to increased number of illegal firearms in the hands of the public. It has also been realized that 46 states are reluctant in controlling the issue of firearm access by citizens. The law has more than once protected the public interest to have guns as the protective weapon. All these issues create a loophole that prevents the effective control of firearms in the US.

Works Cited

BIBLIOGRAPHY Davis, Sean. "7 Gun Control Myths That Just Wont Die." 2015. The Federalist. 10 February 2017 <http://thefederalist.com/2015/10/07/7-gun-control-myths-that-just-wont-die/>.

Kates, Don. "The Limited Importance of Gun Control." Lytton, Timothy. Suing the Gun Industry. Michigan: University of Michigan Press, 2009. 62-83.

Krouse, William. "Gun Control Legislation." 2012. Congressional Research Paper. 11 February 2017 <https://fas.org/sgp/crs/misc/RL32842.pdf>.

Miller, Michal, Deborah Azrael and David Hemenway. Firearms and Violent Death in the United States. Baltimore: The Johns Hopkins University Press, 2013.

The Open Society Institute. "Gun Control in the United States: A comparative Survey of State Firearm Laws." 2000. The Open Society Institute. 10 February 2017 <http://www.smallarmssurvey.org/fileadmin/docs/L-External-publications/2000/2000%20OSI%20Gun%20control%20US.pdf>.