Are there any legitimate restrictions on gun ownership?
Informal Logic / PHI103

The sometimes-explosive topic of an individual’s right to bear arms is a long-standing debate both nationally and internationally. Center fire of such debates is the interpretation, definition, and intention of the Second Amendment to the United States Constitution, the right to bear arms. Scholars, policy makers, and everyday citizens are faced with answering the question, are there any legitimate restrictions on firearm ownership?
The Second Amendment of the United States Constitution states, “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.” (NARA, n.d) This statement, set forth by society’s Founding Fathers, has created a multitude of debates, beliefs, and restrictions. Congress passed the National Firearms Act In 1934, then later the President of the United States signed a law requiring gun dealers be licensed while recording the purchasers names and addresses.
The 1968 Federal Gun Control Act, was enacted by Congress making it law following a turbulent time in history which was marred with the assassinations of several prominent public officials. The deaths, all due to firearms, included President John F. Kennedy, his brother Robert Kennedy, and Martin Luther King Jr. This law categorizes people prohibited from owning guns including, those convicted of a felony, a fugitive, those who suffer from mental disorders, are minor in age, dishonorably discharged, or have a domestic violence conviction (NRA, 2011). It further restricts both firearm and ammunition sales from state to state and through the mail.
Many raise the argument that surrounds firearm recreation, survival and self-defense, insisting the Second Amendment grants them the unalienable right to bear arms without infringement. In Vancouver, firearm legislation has threatened Native lifestyle, this occurs by intruding on native traditions with the requirement of appointing a firearms officer to approve who can hunt, and allowing police to search homes without the suggestion of firearms involvement. With the firearms officer requirement, “The legislation criminalizes the right to hunt and it certainly doesn't take into account that firearms are tools for the practice of those rights," said Ardith Walkem, a lawyer for the Union of British Columbia Indian Chiefs. Walkem furthers the argument by stating, “To hunt is meaningless if it is illegal for an Aboriginal person to possess the tools needed to carry out that right. Aboriginal people do not hunt for sport or for hobby, but as a way of life.” (Burke, 1998).
Outdoor enthusiasts would argue that recreational sporting activities, including sports such as shooting clays, skeet shoots, and firearm competitions, are reason enough in the argument for the protection of the Second Amendment. They argue that these activities should be indicative of the time allowed by society to carry a weapon. Many outdoor activities of these types, but especially hunting, continue to gain popularity from coast to coast, as does the debate.
According to the U.S. Fish and Wildlife Services (FWS), which conducts a national survey every five years, the 2006 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation reported that, over 10 million hunters spent 123 million days hunting just deer. The Survey found that 87.5 million U.S. residents, 16 years old and older participated in wildlife-related recreation, while of the 6-to-15-year-olds, 1.6 million hunted. The total calculated expenditures were $122.3 billion. (FWS, 2006).
Many individuals residing in rural areas utilize firearms for economic and survival reasons which include hunting, fur trade, and food harvesting. With each regulated wildlife open season, game are taken then donated to charities, enabling programs that help feed the less fortunate, such as Share the Harvest in Missouri, Alaska also donates animals to local charities as do many other states.
The expenditures do not end there, as the firearms industry itself plays a vital role in the United States, and world economy. The businesses that not only manufacture, distribute and sell both the firearms themselves, but the equipment, supplies, and ammunition employ nearly 90,000 individuals according to the National Shooting Sports Foundation (NSSF), and their Firearms and Ammunition Industry Economic Impact Report of 2010. (NSSF, 2010). The annual report goes further but states that the taxes alone paid by the industry, are in excess of nearly $2 billion dollars.
The argument of self-survival is a strong, deep seeded one, dating back to the countries Fore Fathers, as they too hunted and gathered for sustenance. Several national wildlife charters, and acts, enable outdoorsmen the access to vital conservation, restoration, and management programs that maintain important eco-systems, and their inhabitants. Without regulated hunting seasons, for instance, wildlife populations would exceed territorial thresholds causing economical and environmental damages.
This type of damage occurs when wildlife becomes destructive in the search for food as humans infringe on their territory and further economic damage when struck by cars, break into homes, and spread disease. In fact, in the Animal Vehicle Collisions Report by the Transportation Research Board (TRB), state “There are more than 300,000 reported vehicle collisions with large animals each year.” however, insurance industry estimates, and carcass counts indicate the possibility of “one to two million animals collide with vehicles each year.” (Pain, 2009).
The proponents for stricter gun measures presented with guns blazing when James Brady, assistant to President and White House press secretary under Ronald Reagan, was shot in the 1981 assassination attempt on Reagan’s life. This incident resulted in a permanent disability for Brady, and left others wounded including the President. In the aftermath, President Bill Clinton signed into law a bill dubbed “The Brady Bill”. The premise of this law was the requirement of background checks before purchasing firearms, as the assailant John Hinckley, had fabricated his address using false identification in order to purchase the firearm that he used in his assassination attempt. This law gave birth to the creation of electronic criminal records, including criminal history, and the National Instant Criminal Background Check System (NICS) by the Federal Bureau of Investigation. (Brady Campaign Website).
Through some transition, eventually collaborators committed to making America safer, created the Brady Center. The non-profit organization was created to “prevent gun violence works to reduce gun violence in America through education, research and legal advocacy.” (Helmke, 2010). According to their website, their mission “works to reform the gun industry by enacting and enforcing sensible regulations to reduce gun violence, including regulations governing the gun industry. In addition, we represent victims of gun violence in the courts. We educate the public about gun violence through litigation, grassroots mobilization, and outreach to affected communities.” (BradyCenter.org). The Brady Center collects and publishes a diverse range of statistics on nationwide violence regarding firearms, while facing the issue head on. The include current issues regarding legislation in the U.S. House of Representatives and U.S. Senate, summaries of studies on gun violence, and reports and summaries on topic ranging from assault rifles, unintentional shootings, and gun show loopholes.
According to the Bureau of Justice Statistics, statistical reports show from the inception of the Brady Act on March 1, 1994, through December 31, 2009, almost 108 million applications for firearm transfers or permits were subject to background checks. Of the total applications for permits, over 1.9 million of the applications were denied. The report states that in 2009, federal, state, and local agencies; FBI (67,000) and state and local agencies (83,000) denied 1.4% of the 10.8 million applications for firearm transfers or permits. The denial rate for the FBI (1.1%) was lower than that checked by state and local agencies (1.8%). (Bowling, Frandsen, and Lauver, 2010).
The most significant finding was in regards to felony convictions. A felony conviction or indictment was the most common reason for a denial by the FBI (49%), a state (39%), or a local agency (22%) in 2009. Of the total denials referred by the FBI in 2009, the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) field offices investigated 4,681 National Instant Criminal Background Check System (NICS) denials that resulted in 1,512 arrests. (Bowling, Frandsen, and Lauver, 2010).
In 2008, the Center for Disease Control and Prevention (CDC) published their annual report, Vital Statistics, on the “Ten Leading Causes of Death and Injury”. The report specifically details causes of death, highlighting violence. The 2008 statistics show Suicide by firearm (18,223) and Homicide by firearm (12,179) to be in fourth and fifth place, with unintentional motor vehicle accidents and unintentional poisoning seeded in 1st and 2nd place respectively. Statistics showed historical fluctuations in Homicide by firearm, with 12,352 in 2005, 12,791 in 2006, and 12,632 in 2007. Thus, data serving as scientific proof in rebuttal of opponents who would argue that an armed society leads to significant increase in firearm related deaths.
These statistics serve as hard evidence for those that argue for legitimacy in regards to firearm restrictions on firearm ownership and legislation.
The subject matter of survival, or that of self-defense, is a fiercely debated one as more individuals in society take up arms to protect themselves, their belongings, and their loved ones leading to the debate of conceal and carry. An increase in society members participating in attaining their concealed carry weapon certification (CCW) stand firm in their belief in the right to bear arms. “The Founding Fathers owned handguns. They believed law-abiding citizens should always be allowed to own handguns. They enshrined that right in our Constitution to allow us to protect ourselves from criminals and to make it harder for our government, should it turn despotic, to subjugate us.” (Spartanburg Herald, 2010).
Many cases continue to be in the forefront of this issue, recently a landmark case, such as the case with a District of Columbia resident Dick Heller took center stage. Mr. Heller is a plaintiff in a Supreme Court case, who was denied his request to register a handgun in his home. Heller went forward by filing a law suit on the grounds of the Second Amendment, which surrounds “One of the most restrictive gun laws in the country”, (Schwartze, 2008). Recently, the U.S. Supreme Court changed the way the constitution viewed firearm laws in regards to the Second Amendment. This was the first time since 1939 that the Supreme Court had considered a case regarding the Second Amendment. This decision counteracted the 1976 District of Columbia law that first created the banned.
With the fundamental right for individuals to defend themselves, the right to conceal and carry began. In 1987, the State of Florida issued the first permit allowing an individual to conceal and carry a firearm, which spread like wildfire across the nation. Today each state has enacted some form of conceal and carry permit, with the exception of Illinois. These enactments include "shall issue” and "may issue" with new legislation passed regarding reciprocity and recognition. The term "shall issue" means essentially that an individual that meets set requirements will be issued a permit, while "may issue" have the authority to decide, after they have met the set requirements, whether to issue a permit or not. Although issuance of a permit is a state matter, new legislation passed the House of Representatives recently, allowing individuals who have been issued a conceal and carry permit, the ability to do so from state to state, much like drivers license, except in Illinois and Washington, D.C. (NRA-ILA, 2011). Although proponents of gun control regulations stand fast with arguments of higher crime, uncivilized acts, blood ladled streets; vigilantes’ equivalent to the shoot out at the O.K. Corral. However, logics is the systematic study of the principles of reasoning (Mosser, 2011) with that, opponents will continue to return fire, having the Second Amendment firmly tucked in their back pockets as ammunition, as they argue there are no legitimate restrictions on firearm ownership. Whether it is sporting activity, recreation, self-defense, security or just because, the argument for legitimate gun restrictions will go out with a bang and a blaze of glory, forced out by the Second Amendment of the Constitution and the individuals in society that support it, stand and argue for it, and believe in it. Author Robert Heinlein said it best when he stated, “An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” (1948).

References
Bowling, Frandsen, and Lauver (2010). Background Checks for Firearm Transfers, 2009 - Statistical Tables. Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. Retrieved from: http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2214
Brady Campaign to Prevent Gun Violence (2011). Brady Campaign to Prevent Gun Violence: The Brady Law History. Retrieved from: http://www.bradycampaign.org/legislation/backgroundchecks/bradylaw
Burke, Marie. (1998, December 1). New firearms legislation threatens native lifestyle. Windspeaker, p. 3. Retrieved November 7, 2011, from CBCA Complete. (Document ID: 390571591).
Helmke, P. Statement of Brady President Paul Helmke on Second Amendment Ruling by U.S. Supreme Court. (28 June). PR Newswire. Retrieved November 9, 2011, from ProQuest Newsstand. (Document ID: 2067987241).
Mosser, K. (2011). An introduction to logic. San Diego, CA: Bridgepoint Education, Inc.
National Rifle Association of America (NRA), Institute for Legislative Action (2011) Ineligible Persons, A Citizen`s Guide to Federal Firearms Laws. Retrieved from: http://www.nraila.org/gunlaws/federal/read.aspx?id=60
National Shooting Sports Foundation, Inc. (2011). National Shooting Sports Foundation Firearms and Ammunition Industry Economic Impact Report of 2010. Retrieved from: http://nssf.org/PDF/2010EconomicImpactReport.pdf
Our most basic rights. (2010, March 3). Spartanburg Herald - Journal. Retrieved November 8, 2011, from ProQuest Newsstand. (Document ID: 1974668441).
Pain, R. (2009). Animal Vehicle Collisions. Transportation Research Board of the National Academies. Retrieved from: http://onlinepubs.trb.org/Onlinepubs/webinars/summary/090512.pdf
Schwartz, E. (2008) A Key Case on Gun Control In a landmark case, the Supreme Court considers just how far the Second Amendment's freedoms go. Retrieved from: http://www.usnews.com/news/national/articles/2008/03/06/a-key-case-on-gun-control
The U.S. National Archives and Records Administration (NARA) Bill of Rights. Retrieved from: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
U.S. Department of the Interior, Fish and Wildlife Service (FWS), and U.S. Department of Commerce, U.S. Census Bureau. 2006 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation. Retrieved from: http://www.census.gov/prod/2008pubs/fhw06-nat.pdf.
Vernick, J., Rutkow, L., Webster, D., & Teret, S. (2011). Changing the Constitutional Landscape for Firearms: The US Supreme Court's Recent Second Amendment Decisions. American Journal of Public Health, 101(11), 2021-2026. Retrieved November 27, 2011, from ABI/INFORM Global. (Document ID: 2505626351).