Gun Control in New York Term Paper

Download this Term Paper in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from Term Paper:

S. Circuit Court of Appeals to reaffirm restrictive gun laws since the Second Amendment was not infringed by a law that requires firearm owners to demonstrate proper cause (Nimmo par, 2).

The unanimous decision by the three-judge panel was regarded as a victory for the New York State law, the American constitution, and families throughout New York who are appropriately concerned regarding the plight of gun violence that is a major problem to all communities. There are various groups in the gun industry such as the Second Amendment Foundation and the National Rifle Association have been filing cases against cities and states throughout the country on the basis of the Second Amendment of the U.S. Constitution. The ruling re-affirming restrictive gun control laws has followed the significant increase in the number of the sale of guns.

Gun Control Laws in Other States:

Generally, crime rates associated with gun violence have increased unusually in the United States unlike other high-income countries. The significant increase in these rates is mainly attributed to the high rate of firearm homicide rate in America to an extent that it's twenty-times higher than those of other high-income nations. Furthermore, this problem is also attributed to the increased prevalence of gun ownership and less restrictive gun legislations (Webster, p.2).

With regards to gun control policies in other states, there has been an emergence of numerous debates that are always geared towards overall arguments regarding the probability of guns to make people safer or less safe. The current gun control laws in various states do not disarm law-abiding citizens aged 21 years but focus on other objectives. The current gun control laws are geared towards defining the conditions that ban individuals from firearm possession and implement laws to ban prohibited individuals from firearm possessions. The other objectives are limiting the carrying of concealed weapons in public and regulating the design of guns to improve personal and public safety.

This trend in gun control laws have also been fueled by the recent decisions by the Supreme Court to overturn laws that prohibit the possession of firearms in Chicago and the District of Columbia (Webster, p.2). In the District of Columbia, the United States Supreme Court made a groundbreaking ruling in the 2008 District of Columbia v. Heller case. This ruling acted as a model for other courts of appeals in the Second Amendment challenges and lawsuits until the Supreme Court provides further directions.

In the lawsuit, the defendant, Heller, challenged the federal firearms regulations on the basis that the laws violate the Second Amendment. However, the defendant did not adopt a standard of evaluation or establish a mechanism for evaluating Second Amendment lawsuits. In its ruling, the Supreme Court stated that the Second Amendment protects a person's right to carry arms in home for self-protection (Zonar, p.1). Since the ruling overturned regulations that limit the carrying of firearms in public, the District of Columbia has similar gun control policies to the New York State.

The ruling by the U.S. Supreme Court in McDonald v. Chicago case complicated the challenges experienced by the local governments in California in attempts to deal with the issue of gun violence in their communities. In this lawsuit, McDonald challenged the firearms registration regulation in Chicago on the grounds of the Second Amendment arguing that the regulation resulted in a total prohibition of firearm possession in the home for self-protection (Weaver, p.2). In its ruling, the court held that the Second Amendment safeguards the right for individuals to possess and carry firearms in the home for self-protection. Therefore, the court stated that a law that bans possession of firearms in the home violates this Second Amendment right (Weaver, p.1).

One of the states with stricter gun control laws is California that strengthened is assault weapons ban by including extra provisions that are stronger than federal legislations. There are other states with different gun control laws from those of the New York State such as Washington where handguns are prohibited. Virginia has enacted a law safeguarding several sales of handguns i.e. A person cannot buy more than a single handgun per month from licensed dealers ("Gun Control in the United States," p.5).

The other notable differences in gun control laws across states are the minimum age for purchase or possession of firearms. While the federal law states that the minimum age for possession of handguns is 18 years, New York State is among states with lower minimum age requirements. Similar to Georgia, Vermont, and Alaska, the minimum age for the possession of a handgun in this state is 16 years while Montana is age 14. On the other hand, there are other states with no regulatory minimum age for possession of a handgun such as Maine, Alabama, Wyoming, New Hampshire, Texas, and Louisiana. In summary, New York is among six states with moderate gun laws while Massachusetts and Hawaii are the two highest-ranking states with stronger gun control laws.

Gun-Free Zones:

The other aspect of gun control laws is the establishment of gun-free zones that are usually known as magnets for mass murder shooters (Kenny par, 1). These zones were established in order to keep criminals with guns but have not served their purpose since they keep law-abiding citizens from themselves in them. While these zones were established on grounds of a lone gunman's shooting storm in Newton's Sandy Hook elementary school, they are invitations to mass murder (Kenny par, 1).

Legislations that establish gun-free zones usually provide a sense of safety to people involved in magical thinking while murderers are not stopped by these zones from a practical view. This is mainly because honest people tend to obey the law and do not need the establishment of these zones. The inability of gun-free zones to keep criminals with guns out originates from the fact that the vulnerability makes certain individuals to feel uncomfortable.

The gun-free zones are based on wrong idea that killers will follow rules and individuals are a greater danger to those around them than the murderers (Reynolds par, 7). In addition to being an insult to honest and law-abiding citizens, the gun-free zones tend to be a deadly measure in fighting crime. The wrong premise for the gun-free zones is evident in the fact that more guns do not necessarily mean more crime. Actually, while gun ownership across the country has increased in the past decade, the rate of crime has generally reduced.

Effect of Stricter Gun Controls on Crime Rates:

The premise with which stricter gun control laws are developed and enforced is that restricting access to firearms would contribute to a decrease in criminal offenses, particularly violent crime. However, other people believe that such attempts have little to no effect on the rates of crime and violate the rights of American citizens to possess guns. This has contributed to the various anecdotal and empirical analyses in this area to either establish or discredit the possibility of a link between the stricter gun control laws and crime rates (Gius, p.1687). The analyses have also been carried out because 66% of murder cases are usually related to firearms, which contribute to concerns on the effect of gun ownership rates on homicide rates.

Generally, gun control laws are usually for the purpose of controlling the kind of firearms that may be purchased and designating qualifications for people who purchase and possess firearm, and limit the safe storage and use of these weapons. Based on this perspective, there is an assumption that fewer guns result in lesser crime and less crime rates (Moorhouse & Wanner, p. 103). There is a two-step link between gun control and the rate of crimes including the effect of gun control on the availability and accessibility of these weapons, especially handguns. The second link is the impact of the prevalence of guns on the occurrence of crimes.

From a political perspective, high crime rates have been used as a powerful justification for enactment of more restrictive gun control laws. However, the impact of stricter gun control laws have been examined on the basis of the effect of gun control on rates of crime and the impact of crime rates on gun control. According to the findings of a study, stricter gun controls is ineffective in lessening crime rates, findings that are consistent with huge majority of other studies on the same issue (Moorhouse & Wanner, p.121).

Even though gun shows are a source of the guns used in crime, the link between gun shows and gun-related crime is usually complicated (Wintemute et. al., p.1857). The ineffectiveness of stricter gun control laws in lessening crime rates is evident in the fact that both violent and non-violent crimes are usually perpetrated through the use of a firearm. As a result, there is a high possibility that limitation on the access to guns will have any statistical important impact on the violent and non-violent crime rates.

The lack of significant effects of stricter gun…[continue]

Cite This Term Paper:

"Gun Control In New York" (2012, December 20) Retrieved December 4, 2016, from http://www.paperdue.com/essay/gun-control-in-new-york-77195

"Gun Control In New York" 20 December 2012. Web.4 December. 2016. <http://www.paperdue.com/essay/gun-control-in-new-york-77195>

"Gun Control In New York", 20 December 2012, Accessed.4 December. 2016, http://www.paperdue.com/essay/gun-control-in-new-york-77195

Other Documents Pertaining To This Topic

  • Government Policy Gun Control

    However, the procedure for complying with those new requirements were so stringent and difficult to satisfy that legal gun ownership became all but impossible for New York City residents. Since 1976, New York City residents who wish to obtain a gun license must apply in person at NYPD headquarters Licensing Division in lower Manhattan and furnish a non-refundable fee of $340. That license must be renewed at the same

  • New York State Gun Control Laws

    SMITH & WESSON SAFETY REFORM DEAL New York Gun Control Conflict Smith & Wesson Agrees to Key Safety Reforms Smith & Wesson Agrees to Key Safety Reforms Under mounting pressure from municipalities across the U.S., the Massachusetts gun manufacturer Smith & Wesson agreed to a number of key safety reforms (Daor, 2000). This agreement was believed to be a move by the gun maker to head off lawsuits by states and cities. This turned

  • Gun Control Restricting Rights or Protecting People

    Gun Control: Restricting Rights or Protecting People The article carried on the New York Times dated 28 February 2013 christened 'Guns and Gun Control' highlights a number of issues that relates to the whole issue of guns. The debate surrounding the issue of gun possession and a prohibition of the same is a thorny issue and as such, it has been an elicited debate at different levels of government in the

  • Gun Control & Push for Gun Control

    GUN CONTROL & PUSH FOR GUN CONTROL Surname The research paper is on gun control and the push for gun control. To respond to the topic the paper first lays down in the first paragraph basic concepts of the gun control ideals and the pro-gun movement. The introduction explores the basic tenets and motivations of the pro-gun and gun control activists in America. The paper uses the motivation and opposition of both

  • Gun Control Laws

    Gun Control Laws and the Reduction of Homicides in the United States The objective of this study is to determine whether gun control laws will serve to bring about a reduction in the number of homicides in the United States. Toward this end this study will conduct an extensive review of literature in this area of inquiry. It is held by many that gun control laws will serve to bring about a

  • Gun Control Has Been a Controversial Subject

    Gun control has been a controversial subject for the public and the government. Obama administration has come under attack for its silence on the issue. In September 2008, the president promised people that he wouldn't take away their guns, and since then, he has not done anything to introduce stricter laws thus attracting serious criticism from many quarters including the Brady campaign in 2010. (Altman, 2011) With gun-related incidents on

  • Gun Control Has Been a Controversial Topic

    Gun control has been a controversial topic of discussion in the United States ever since it was initially introduced in the 1920s. Conventional wisdom says that guns are responsible for violence and that they need to be regulated more stringently to prevent further harm. Guns advocacy groups, on the other hand, claim that such violence is a result of the actions of specific criminals, and that the punishing of those


Read Full Term Paper
Copyright 2016 . All Rights Reserved