Gun Control vs. Second Amendment(How does 2nd Amendment and right to bear arms relate to the stand your ground laws of a state like Florida?)

Gun Control vs. Second Amendment

1.      How does 2nd Amendment and right to bear arms relate to the stand your ground laws of a state like Florida?

The Second Amendment and right to bear arms

The Second Amendment refers to a change in the Constitution of the US constitution which was initiated in order to protect the people’s gun ownership rights, and to prevent against the infringement of bearing arms. This amendment was adopted 10 1791 December 15^th. This was alongside the Bill of Rights of the United States of America. The right to bear arms and the right to keep arms were the basis of the Second Amendment, and which was largely influenced by the 1689 English Bill of Rights that was described as an auxiliary right by Sir William Blackstone. This was seen as a right that was essential in acting in concurrence with the state defense, civic duty, the resistance of oppression and the larger support of self defense rights. Generally, the Second Amendment has had varied interpretations. (Doherty, 2008)

The National Rifle Association believes that the Amendment presents a guarantee of carrying and possession of various firearms by different individuals. However, those advocating for gun control insist that the Amendment is purposefully meant for guaranteeing the right to operation by the militias. The right to bear arm has been a subject of controversy in the United States of America over a long period of time. There are those who have held onto the fact that there is need for the gun control in order to control the high crime rates and to make America to be a safer place to live in. there are those who have however held onto the fact that the anti gun control measures would help secure the nation more. There have been arguments that no one would walk into a family’s house with an intention to cause harm if he knew that the family was in possession of an arm. The Second amendment has stressed on the fact that there shall not be an infringement to the rights of a person to be in possession of an arm. This has led to the argument that this Amendment makes everyone feel that owning an arm is right. (Massaro, 2008)

Relationship with ‘stand your ground’ laws.

The ‘stand your ground’ law is basically a law that allows people to defend themselves even if it means through the use of force. From the name, it means that a person can stand his or her ground instead of retreating to a safer place. If one has a belief that there is an impending danger, or that someone wants to harm or kill them, then the person is allowed to stand his or her ground through retaliation. It is a law that is more of a self defense law. The law accords individuals the permission of using force and avoids retreating when faced with an impending danger. It applies within certain sates in the United States of America like in Florida. This relates to the Second Amendment and gun control.  The ownership of arms by individual as spelt out in the Second Amendment has a bearing on the stand your ground law. This is because an individual who has a gun can easily be prompted to apply the stand on your ground law as he or she will feel more comfortable. This means that there shall be an increase in cases of gun killings in the name of defending one’s self. The Second Amendment indicates that one shall not be deprived of his or her right to own an arm. However, this will greatly cause insecurity if the stand your ground law is applied by that person having an arm. At times, the human judgment can fail. One can have a perception that he is under attack or in danger yet the actual fact is that it’s not the case. (Krouse, 2012)

2.      What influence do the NRA and lobbyist have on politics and gun laws in the United States?

The NRA is an organization that since its formation in 1827 has continued to posse’s power and influence over the politics and gun laws in the United States of America. NRA promotes the ownership of firearms, carries out self defense trainings, hunting trainings, marksmanship, firearm safety and police training. This contributes to the fact that the organization yields a lot of power in the United States. The NRA is also the biggest firearm certifying body and safety training in the country. Apart from certifying, the organization is also in charge of proficiency and safety trainings regarding firearms, the safety of child firearm and recreational hunting training.

According to Spitzer(2009), the influence of the NRA cannot be washed aside. This is due to the fact that firearm handling and policies are part of the fundamental issues addressed by the constitution of the United States of America. Moreover, firearms are associated with powerful individuals like politicians, prominent businessmen among other citizens. NRA has a strong connection and influence on the political activities in the USA. This is basically due to the fact that the ownership of firearms is enshrined under the constitution as a civil right. This was affected by the Second Amendment that was done to the Bill of Rights. The NRA has therefore had a long history of lobbying against or for certain legislations that have been proposed dealing with firearms. Eventually, the NRA refers to itself as the longest standing civil rights group. In Washington, the lawmakers and observers regard the NRA as an influential bobby group. In fact, it is regarded to be among the top three with its membership exceeding 5 million people.

The National Rifle Association has in many cases made its position clear on issues touching on gun policies. For instance, in the gun debate in America, the Association stood its grounds that the laws were already in the books and that all that needed to be done was to enforce the laws. The organization is well known for lobbying for the prevention of legislations preventing the limitations of using firearms and ownership.

Florida case study

The NRA has even had influence among the political circles, influencing the policies made at political levels regarding gun usage. Florida State is a case study of how powerful and influential the NRA is. The legislation that was passed concerning doctors was through the influence of the NRA. The doctors are forbidden from asking the patients they treat and examine as to whether they posses guns. This would lead to the doctors being jailed. On its side, the NRA has insisted that its main objective is to ensure that the taxpayers; money is not channeled into the promotion of certain political agenda, but the money is used for programs that will benefit the people of the United States of America. There have been concerns that the NRA has been overstepping its mandate and using its powers excessively, to the extent of hamstringing the lawmakers. This has been especially on the case of the pro gun NRA lobby team. NRA has been on the spotlight over gun laws and other political policies. The influence of the organization cannot be overlooked by those having interest in politics as their lobbying is usually very intense and influential on the decisions taken by a majority of the civil servants in the Unites States of America. (Uviller& Merkel, 2002)

3.      How do you protect the nation’s right to bear arms and take guns away from criminals?

It is a tough balancing act between the protection of the nation’s rights with regards to bearing arms and taking the guns away from criminals who obviously have harmful intentions with the guns. The government of the United States of America, various lobbying groups and organizations and the NRA has been trying to combat criminals with firearms. This challenge can however be addressed through a comprehensive and well crafted gun policy. For instance, the relevant authorities should be tight on licensing all the firearms in the country and ensure that there is a catalogue of all the individuals with firearms. This will make it easier to track the criminals who have firearms. Moreover, security should be beefed up to make the people of America more secure and shun the need for having firearms. (Carter, 2006)

References

 Carter, G. (2006). Gun Control in the United States: A Reference Handbook. California: ABC-CLIO.

Doherty, B. (2008). Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment. NY: Cato Institute.

Krouse, W. (2012). Gun Control Legislation. New York: DIANE Publishing.

Massaro, J. (2008). No Guarantee Of A Gun: How and Why the Second Amendment Means Exactly What It Says.Bloomington: AuthorHouse.

Spitzer, R (2009). Gun Control: A Documentary and Reference Guide. Westport: Greenwood Publishing Group.

 Uviller, R. & Merkel, W. (2002). The Militia and the Right to Arms, or, How the Second Amendment Fell Silent the Militia and the Right to Arms, or, How the Second Amendment Fell Silent. Duke University Press.