Gun Control

In today's society, the right to own a gun is a controversial issue. In the 1939 court case, United States v. Miller, the court devised a test to discern whether the Second Amendment protects a weapon. The court ruled that the weapon must be of military use to be protected. The U.S. has thousands of gun-control laws of which there are two general types. The older type seeks to regulate how, where, and by whom guns can be carried. The newer type tries to make it more costly to buy, sell, or use firearms. The Brady Bill falls under both types of laws. The Brady Bill requires a background check provision and a waiting period before a person can purchase a gun. The Brady Bill has shown some success, but the issue of gun control remains an ongoing debate. Guns should not be regulated because of the many problems such laws can cause.

Those who favor the regulation of guns believe that gun control is constitutional. The right to own a gun is not protected by the Constitution. According to Dennis A. Henigan, a director of the Legal Action Project at the Brady Center to Prevent Gun Violence, "There is no constitutional law that prevents the government from limiting personal access to firearms through legal means" (Henigan). Therefore, the government has the power and the ability to make laws regulating guns without violating the Constitution. However, opponents to gun control argue that regulating guns is unconstitutional. Regulating guns is unconstitutional because it is a violation of the Second Amendment, which protects the right to own a gun. Gun control is an infringement upon a person's right to bear arms which is protected by the Second Amendment. By regulating guns, the government takes away the sense of safety that guns give to people. Additionally, opponents point out that banning guns for everyone will not prevent criminals from obtaining weapons. The banning of guns is impractical because just like many other laws, it will be broken as well. Gun control is not constitutional because once the government takes away guns from people who own them for protection safety, and recreation, criminals will still have them, making the good people nothing more than sitting ducks. "All citizens need weapons to protect the state and that the federal government should realize this fact and not interfere with the natural right of the people to protect themselves and their society" (Lawton 836). Many people believe that gun control is constitutional because they misinterpret the actual meaning of the Second Amendment. Paul Lawton, a student at the University of Texas at Austin believes gun control is unconstitutional because "the intent and belief in an armed populace is clearly present in the Founding Father's rhetoric" (Lawton 836). The right to bear arms is clearly stated in the Second Amendment. Therefore, any regulations against guns are unconstitutional.

Another argument for those who favor the