Notre Dame University

Faculty of Humanities

Department of English

Sophomore English Rhetoric

ENL 213

The Gun Control Dilemma; Should Assault Rifles be Banned from all Except the Military?

By

XXXXXX

Submitted to

xxxxxx

Date

Tuesday May 28, 2013

1
Table of Content

Introduction___________________________________________________________________3
Background_________________________________________________________________________3

Argument for Gun Control________________________________________________________4

Argument against Gun Control____________________________________________________6
Opinion and Conclusion__________________________________________________________7
Bibliography___________________________________________________________________7

2
Introduction

On Sunday May 26th, 2013, it was reported that two people died while 5 were wounded ensuing a
shooting spree in Texas (Reuters Top News, 2013). This, in addition to many other similar cases
in the Unites States is argued by many as being the result of the enforcement of the 2nd
amendment to the United States Constitution that was adopted over two centuries ago. As passed
by the Congress it reads: 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. (Bill of Rights, 2013)

Proponents of gun possession claim it is in accordance with the rights stipulated in the second
amendment whereas opponents believe there should be a ban as possession of the weapon gives
way to the increase in violence.

This paper discusses both views concerning the gun ban and provides a stance as to the ongoing
debate.

Background

Gun laws in the U.S. regulate the sale, possession, and use of firearms and ammunition. These
laws include the requirement to obtain a license or permit in order to purchase or possess
firearms and that individual firearms be registered with the police or with another law
enforcement agency. Also additional restrictions are placed on certain semi-automatic firearms
that have been defined as "assault weapons" or on magazines that can hold more than a certain
number of rounds of ammunition. On the other hand, some states have enacted castle doctrine or
"stand your ground" laws, which provide a legal basis for individuals to use deadly force in self-
defense in certain situations, without a duty to flee or retreat if possible.

Gun control laws are said to have started shortly after November 22, 1963 when evidence in the
assassination of President John F. Kennedy increased public awareness to the relative lack of
control over the sale and possession of firearms in the U.S. Indeed, until 1968, handguns, rifles,
shotguns, and ammunition were commonly sold over-the-counter and through mail-order
catalogs and magazines to just about any adult anywhere in the U.S.

3
Chronologically, the evolution of gun control began in 1837 IN Georgia a law was passed
banning handguns. However, subsequently, the law was ruled unconstitutional and thrown out.
90 years later, in 1927, congress passed a law banning the mailing of concealable weapons.

The Federal Firearms Act of 1938 placed the first limitations on selling ordinary firearms.
Persons selling guns were required to obtain a Federal Firearms License, at an annual cost of $1,
and to maintain records of the name and address of persons to whom firearms are sold. Gun sales
to persons convicted of violent felonies were prohibited. The Gun Control Act of 1968 was
enacted for the purpose of keeping firearms out of the hands of those not legally entitled to
possess them because of age, criminal background, or incompetence. The list of persons banned
from buying guns is expanded to include persons convicted of any non-business related felony,
persons found to be mentally incompetent, and users of illegal drugs. In 1986 the Armed Career
Criminal Act (Public Law 99-570) increased penalties for possession of firearms by persons not
qualified to own them under the Gun Control Act of 1986. In 1994, the Brady Handgun Violence
Prevention Act (Public Law 103-159) imposed a five-day waiting period on the purchase of a
handgun and requires that local law enforcement agencies conduct background checks on
purchasers of handguns. On December 5th 1998, President Clinton announced that the instant
background check system had prevented 400 illegal gun purchases. However the claim is called
"misleading" by the NRA.

(Gun Contril Timeline; A Brief History of FireArms Regulation in America)

Argument for Gun Control

Eric Holder, the attorney general appointed by Barack Obama, wrote a brief in the Heller case
supporting the position that you have no right to have a working firearm in your own home. The
case was between the District of Columbia and Dick Anthony Heller, where Heller was
defending his right to possess firearm contrary to the ban imposed by the district.

Holder stipulated that any firearm ever obtained by federal officers or the military is not suitable
for the public. This is strongly believed by opponents to be an infringement of the right to keep

4
and bear arms with no constitutional or historical support and that it is invented by domestic
enemies to further their cause of disarming the innocent.  (Korwin, 2009)

In January this year, President Barack Obama unveiled the most sweeping proposals for curbing
gun violence in two decades, pressing a reluctant Congress to pass universal background checks
and bans on military-style assault weapons and high-capacity ammunition magazines like the
ones used in rampage at Sandy Hook Elementary School in Newtown, Connecticut, where of 20
first-graders and six adults were killed.

According a poll by the associated press, nearly 6 in 10 Americans opt for stricter gun laws in
the aftermath of the shootings in Connecticut, with majorities favoring a nationwide ban on
military-style, rapid-fire weapons and limits on gun violence depicted in video games, movies
and TV shows. (Obama Seeks Assault Gun Ban, Background Checks, 2013)

One Kevin Ngo, a proponent of the gun ban stated that “If guns make us safer, America should
be the safest place on earth. We have more guns per capita than any other place in the world, but
we are clearly not the safest country on earth.” (Ngo, 2013)

He further states that like the First Amendment, the freedom of speech and press, is not an
absolute right. There is also a key portion of the second amendment that states, “In well
regulated militia.” which is not synonymous with the present day democratic government of the
U.S.

According an article submitted by Dr. Hemenway for the American Journal of Lifestyle
Medicine, for most contemporary Americans, scientific studies indicate that the health risk of a
gun in the home is greater than the benefit. The evidence is overwhelming for the fact that a gun
in the home is a risk factor for completed suicide and that gun accidents are most likely to occur
in homes with guns. In fact groups such as the American Academy of Pediatrics urge parents not
to have guns in the home as children aged 5 to 14 years in the United States have 11 times the
likelihood of being killed accidentally with a gun compared with similarly aged children in other
developed countries.

5
It is stated that Americans have more private guns per capita, and particularly more handguns,
than citizens of other developed countries. And that according to death certificate data, from
2003 to 2007, more than 680 Americans per year were killed unintentionally with firearms.

He further states that the presence of a gun makes quarrels, disputes, assaults, and robberies more
deadly as many murders are committed in a moment of rage. (Hemenway, 2010)

Argument against Gun Control

In response to president Obama’s proposal, the nation's largest gun-lobby group quickly signaled
its opposition. Stating that attacking firearms and ignoring children is not a solution to the crisis
faced by the nation and further adding that only honest, law-abiding gun owners will be affected
and children will remain vulnerable to the inevitability of more tragedy. (Obama Seeks Assault
Gun Ban, Background Checks, 2013)

What rather happened was that Obama's announcement helped spur a surge of buying in gun
companies: Smith & Wesson and Sturm Ruger each closed more than 5 percent higher that week.

One possible consequence of the gun ban law is that for some reason the criminals would not
turn in their weapons as would be required, but will know that possible victims did which could
increase the likelihood of gun related violence.
Korwin Alan, an opponent of the gun ban boldly states that the first step in establishing a
dictatorship is to disarm the citizens. Alluding to the fact that that a dictatorship would be the end
result of the ban and that the actual stated reasons and excuses are just cover ups. He mentions
that gun bans will impact the freedoms of Americans under search and seizure, due process,
confiscated property, states' rights, free speech, right to assemble and more, in addition to the
Second Amendment. (Korwin, 2009)

Referring back to Dr. Hemenway’s article, the main reason people give for having a handgun in
the home is protection, typically against stranger violence. However, what many fail to recognize
is that the home is a relatively safe place, especially from strangers. For example, fewer than
30% of burglaries in the United States (2003–2007) occur when someone is at home. In the 7%

6
of burglaries when violence does occur, the burglar is more likely to be an intimate (current or
former) and also more likely to be a relative or known acquaintance than a stranger.
Also in the main health benefits of guns in the home are that they may be used to deter crime
and thwart crimes in progress. (Hemenway, 2010)

Opinion and Conclusion

The problem at hand is not with the tools but rather with the users of the tools, human beings
have gotten a lot more violent and quicker to react and it just so happens that guns are relatively
easier to come by in countries like the U.S. According to a UN report, reasons for the worldwide
rise in crime and violence include poverty, unemployment, inequality, the transition towards
political democratization, speed of urbanization, intergenerational transmission of violence and
so on. Therefore, efforts to reduce violence and crime should be geared towards alleviating the
root cause and not merely fighting one of the means. The latter is rather causing heated
arguments among those who stand to gain from the manufacture and sale of guns as well as
citizens who believe their rights as stipulated by the constitution should be respected.

If the root cause is not dealt with, tighter ban may result in a decrease in gun related violence but
I do not believe it would necessarily result in an overall reduction of violence. On the hindsight I
strongly believe that incompetent people such as minors, people with a criminal recorded,
psychologically and mentally unstable individuals etc. should be prevented from having access
to any sort of weapon that would cause harm to them and others. This could be attained through
thorough background checks prior to the sales of firearm and also through vigilance on the part
of parents and gun owners.

7
Bibliography

Bill of Rights. (2013). Retrieved from Charters:

http://www.archives.gov/exhibits/charters/bill_of_rights.html

Obama Seeks Assault GUn Ban, Background Checks. (2013, January 17). Retrieved from CNBC.com:
http://www.cnbc.com/id/100384515

Reuters Top News. (2013, May 26). Retrieved from http://t.co/OdxFQsS1l2

Gun Contril Timeline; A Brief History of FireArms Regulation in America. (n.d.). Retrieved from Gun Time:
http://usgovinfo.about.com/blguntime.htm

Hemenway, D. (2010). Risks and Benefits of a Gun in the Home. American Journal of Lifestyle Medicine.

Korwin, A. (2009, December 3). Obama's Gun Ban List is Out. Retrieved from
http://rense.com/general85/obs.htm

Ngo, K. (2013, February 20). Pro: Why Guns Should be Banned in the U.S. Retrieved from
http://www.chsarrow.com/opinion/2013/02/20/pro-why-guns-should-be-banned-in-the-u-s/