GUN CONTROL AND THE CONSTITUTION

GUN CONTROL AND THE CONSTITUTION

David B. Rivkin and Andrew M. Grossman

February 10, 2013

Wall Street Journal

        The Second Amendment states that “the right of the people to keep and bear arms shall not be infringed.”  But gun control in the United States has become a highly debated subject given the recent mass shootings as well as the Trayvon Martin case. The fatal shooting of Martin by George Zimmerman took place on February 26th, 2012, in Sanford, Florida. Martin was a high school student who was temporarily staying in a gated community. Zimmerman was taken into custody for fatally shooting Martin. However, Zimmerman was initially released due to a lack of evidence and a right to defend himself with a lethal force.

This issue this article addresses is whether the possibility of restricting gun ownership and use is even up for debate.  The authors feel that some politicians are simply uncomfortable with the whole idea of firearms and are trying to place limitations on ownership that are unconstitutional.

However, the right to bear arms is a deeply set part of our constitution. It was granted to United States citizens for more than just self-defense, but resistance to oppression and the civic duty to act in concert in defense of the state. Its intent was to ensure that citizens of the United States could fight off a force if they wanted too.

Some feel that the government can and should increase gun regulation, for example banning “assault weapons,” or magazine size, in an effort to limit gun ownership to what is necessary for self-defense.  The opposing argument, however, states that “assault weapons,” while they look more powerful and potential harmful than others, are actually not very different from other guns in an firing mechanism or ammunition size.   The necessary size of the guns magazine is also not clear.  A citizen trying to defend against multiple intruders would need more ammunition, for example, than someone defending against a single intruder.

Article 5 of the Constitution allow it to be changed. New amendments that restrict gun use can always be added with the approval by a two-thrids majority vote in each house of Congress and three-fouths by the states. If more idea gun-control gains mass popularity, the Second Amendment could be outdated. Currently about 54% of United States citizens are in favor of making gun control more strict.

The conclusion states that while some gun regulation is necessary, for now, the Constitution must always uphold the right to keep and bear arms.

http://online.wsj.com/article/SB10001424127887323951904578290460073953432.html