Historical Context: Gun Rights Protest

Henry Laks

Dr. Stephanie Brown

English 306

April 7, 2016

                                                Historical Context:  Gun Rights Protest

            Two opposing groups have formed around firearms in America, the Gun Rights advocates and the Gun Control advocates.  Despite the divide, it has not always been that way.  Only since the 1900s has gun control been given more support.  Originally, there was one identity generally associated with firearms in America, the one defined by the bill of rights and a few clauses in the constitution, “the right to bear arms”.  These legal documents were written to protect citizen’s freedom and liberty in America from going through the same circumstances which lead to the war for independence.  However, violent crimes, such as assassinations performed with firearms has helped to regulate these gun rights Americans claim.  These regulations pertain to guns which might otherwise be used for crime prevention by citizens.  This Section will cover some of the most notable and popular gun control laws and gun rights laws.        

Everyone has heard of the Bill of Rights, but what exactly is it?  “The first 10 amendments to the constitution make up the Bill of Rights,” (Bill of Rights Institute).  Basically these 10 amendments hold the government and its officials in check.  It keeps the government from having too much power.  The Rights prevent the government from becoming a platform for a tyrant to rule, such as England had done previously.  They were written to help protect each individual’s Rights as a free citizen of America.

The Second Amendment is probably the most quoted of these Rights by gun rights activists.   “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,” (U.S. Constitution. Amend. II, Sec. 8.). 

It is a common misconception that people think that the second amendment says it gives Americans the right to bear arms.  However, the second amendment says “the right of the people… shall not be infringed,” (U.S. Constitution. Amend. II, Sec. 8.).  It does not say anything about giving anyone anything.  The people already have the natural ability to carry guns, and it shall not be infringed upon by the government.              

            The first gun control law was established in America while it was still under English rule.  It was, much to gun control advocates demise today, a racist piece of legislation enacted in 1751 in Louisiana.  It kept any probable weapon out of the hands of black slaves especially firearms (Cramer, Clayton: The Racist Roots of Gun Control).  Although this is no longer relevant today it is important to know the first introduction of gun control in the united states.

            One of the strongest pieces of gun control legislation the Gun Control Act of 1968 still is active today.  What got it this law passed was the determination to stop assassinations.  Just before the law had been passed the following had been assassinated, John F. Kennedy, Attorney General Robert Kennedy and Dr. Martin Luther King (ATF).  The law was emplaced to help prevent firearms, ammo, and other dangerous devices such as explosives from getting into the hands of criminals (ATF).  Before this law was enacted the most they had done was require dealers to record weapon purchases.  This is the first big legal effort to stop firearm violence through regulation.  Fully automatic rifles were defined in the Title II of Gun Control Act of 1968 (ATF: “National Firearms Act”).  The Title II Act is basically an extension and correction of the 1968 Gun Control Act.

            The 1986 Firearm Owner’s Protection Act defined what a silencer is and the parts which constitute a silencer.  The act also prohibited machineguns from being lawfully possessed after the date of May 19, 1986.  A machinegun is a fully automatic weapon.   

            A more recent big gun control law to be passed was the The Federal Violent Crime Control and Law Enforcement Act of 1994.  Jeffrey Roth and Christopher S. Koper wrote a thorough evaluation of this act and how it has impacted crime.  They nicely sum up what the act did when it was enacted.  “The Federal Violent Crime Control and Law Enforcement Act of 1994 bans a group of military-style semiautomatic firearms (i.e., assault weapons) and ammunition magazines capable of holding more than 10 rounds,” (Koper, Christopher and Jeffrey A. Roth).  The 1944 Act caused a lot of controversy between the two groups, because many assault rifles operate in the same manner as many non-tactical semi-auto rifles do.  However, assault weapons have detachable magazines and are capable of holding larger magazines.  The detachable magazines enable them to hold more bullets and to be reloaded faster, than semi-auto rifles which don’t have detachable magazines (Koper, Christopher and Jeffrey A. Roth).  The 1994 Act banned civilian Assault weapons which basically are semi-auto rifles with modifications.   They can appear to be almost identical to their military counterparts which are fully-automatic. 

              The distinction between a semi-auto versus a full-auto is extremely important.  Jeffrey Roth and Christopher S. Koper give a wonderful definition between the two.  “A semiautomatic weapon fires one bullet for each squeeze of the trigger. After each shot, the gun automatically loads the next bullet and cocks itself for refiring, thereby permitting a somewhat faster rate of fire relative to non-automatic firearms. Semi-automatics are not to be confused with fully automatic weapons (i.e., machine guns), which fire continuously as long as the trigger is held down,” (Koper, Christopher and Jeffrey A. Roth).

            These gun control laws and gun rights laws are what the gun debate’s foundation is constructed around.  Understanding them is essential to comprehending what currently is being debated by both sides.   Gun control activists are using crime as a tool to pass new laws, and gun rights activists are using the Bill of Rights to protect their rights from being taken away by regulation.  Both sides are implementing statistics in their attempts to sway people to their side.