Gun Control laws violate the Second Amendment

Thesis statement: The gun control laws violate the second amendment as people have the rights to own firearms and protect themselves.

Introduction

The gun control laws violate the second amendment as people have the rights to own guns and protect themselves. First, the laws require that individuals who want to carry a gun in public to show proper reason. Such requirements have high chances of placing an unconstitutional burden on a person’s right to have a gun. Additionally, the law also bans the entire classification of weapons, which infringes a person’s right to have a gun. In most cases, the criminals carry lethal weapons; hence, banning the use of all guns denies a person right to have a gun in the house. Research also shows that most people use guns for self-defense by law-abiding individuals. Therefore, the findings refute the argument that firearms have no function other than contributing to violence in the community.

Outline

1.  

1. Thesis statement: The gun control laws violate the second amendment as people have the rights to own firearms and protect themselves.
2. Arguments
3. The laws place an unconstitutional burden on a person rights to have a gun
4. The law also bans the entire classification of weapons, which infringes a person’s right to have a gun
5. The criminals carry military weapons; hence, prohibiting the use of all guns denies a person right to have a gun in the house
6. Most people use guns for self-defense or other purposes by law-abiding individuals
7. The laws place unconstitutional burden on a person rights to have a gun
8. The laws require that persons who want to carry a gun in public to show proper reason.
9. One is bound to show that they are really in danger
10. . A person should show that they have good reason to fear to be hurt
11. A person should show that the job needs one to carry or safeguard valuables or money
12. The law also prohibits the carrying of concealed weapons
13. One is supposed to put guns in a locked place
14. this limits rights of a person to carry gun in public places
15.  it also limits a person’s rights to self-defense
16. The law also bans the entire classification of weapons, which infringes a person’s right to have a gun
17. Criminals carry military weapons
18. Innocent citizens do not have access to such weapons
19. This shows weakness of the army in protecting their weapons
20.  The second amendment is not clearly explained
21. The definition of the militia is not clear
22. There have been various irregularities in previous cases
23. Most people use guns for self-defense or other purposes by law-abiding individual
24.  The government lacks clear duty to protect individuals
25. Previous cases show government’s failure to protect people
26. It puts the citizens at the mercy of the criminals
27. Research shows that most people
28.  Guns are not the only cause why people die or get injured
29.  It can be caused by the use of knives
30.  A person can be injured in accident involving a car
31. Most guns are used for other purposes
32. Use for target shooting
33. Other people use for hunting
34. Self defense from criminals.

Conclusion

Thesis: The gun control laws violate the second amendment as people have the rights to own firearms and protect themselves.

Arguments

1. The laws place unconstitutional burden on a person rights to have a gun
2. The law also bans the entire classification of weapons, which infringes a person’s right to have a gun
3. The criminals carry military weapons; hence, prohibiting the use of all guns denies a person right to have a gun in the house
4. Most people use guns for self-defense or other purposes by law-abiding individuals

Annotated Bibliography

Blocher, J., & Miller, D. H. (2016). What Is Gun Control? Direct Burdens, Incidental Burdens,

and the Boundaries of the Second Amendment. University Of Chicago Law Review, 83(1), 295-355.

The particular article is peer reviewed journal which makes it a suitable source for my research. It also offers a clear definition of what gun control entails. Additionally, the source also highlights whether the second amendment applies to civil suits pertaining negligence, nuisance or trespassing. The article also offers an explanation of whether the second amendment provides any guidance on issues concerning gun-neutral laws regarding assault and peace disturbance. The particular information is well-researched which makes it useful to use in the research.

Martin, W. M., LaVan, H., Lopez, Y. P., Naquin, C. E., & Katz, M. (2014). An Ethical Analysis

of the Second Amendment: The Right to Pack Heat at Work. Business & Society Review (00453609), 119(1), 1-36. doi:10.1111/basr.12023

The particular is a peer-reviewed journal which suitable to use for educational purposes. The source highlights the importance of insurance of firearms for protection purposes. The authors of article offer a clear explanation of the second amendment. They also include cases that show the importance of having a gun for self-defense, especially within the schools. However, the source is a business and society article, and this may cause minor problems in using it for legal purposes. Nevertheless, it offers an explanation of the second amendment and recent cases that involve gun violence. The article is well explained and detailed which makes it a credible source to use for the research.

Wolf, C. R., & Rosen, J. A. (2015). Missing the mark: gun control is not the cure for what ails

the u.s. mental health system. Journal Of Criminal Law & Criminology, 104(4), 851-878.

The source is a well-explained peer review article. It maintains that the gun control laws in reducing violence are misguided. The authors have included well-researched information to support their arguments. The strength of the article is that it is a journal of criminal law and criminology. Therefore, the information is suitable to use in my research pertaining gun control and the second amendment. The source also offers alternatives that the law enforcement officers can use to minimize violence within the community.

Wershbale, J. L. (2010). The second amendment under a government landlord: is there a right to

keep and bear legal firearms in public housing?. St. John’s Law Review, 84(3), 995-1055.

The particular article appeared in the St. John’s law review which makes a credible to use in the research. It assesses a person’s right to have firearms at the private places. It includes a case which offers a detailed explanation of individual’s rights to have a gun in the house. They also include a well-structured part where the author clearly explains the terms used in the article which makes it easy for a reader to follow through. Therefore, the article is suitable to use in the research.

Washington DC gun law likely violates second amendment, judge says. (2016). Retrieved

October 30, 2016, from https://www.theguardian.com/us-news/2016/may/17/guns-second-amendment-washington-dc-law

The source offers information pertaining the Washington Dc gun law. It provides information the decision by the federal judge to block the implementation of the requirement for a person to have enough reasons to carry a gun in public. The strength of the source is that it contains the current information pertaining gun control and the second amendment. It also provides various arguments about the gun control laws. Therefore, it is a suitable source to use in the research.

Kaufman, S. (2012). Second Amendment Organization Defends Right to Keep and Bear Arms.

Human Events, 68(22), 28.

The article is periodical containing information about the second amendment foundation. The article is well detailed which it makes suitable for research. It contains information linked to the research; hence, it can be used to develop the thesis statement. However, the article is found in human events source which may affect its credibility to use in a law paper. Nevertheless, the information can be used to develop some parts of the research with the support of other law articles.

Shastry, A. (n.d.). Appeals court rules Md. gun control law infringes on Second Amendment

rights. Retrieved October 30, 2016, from http://www.washingtontimes.com/news/2016/feb/4/maryland-gun-control-law-infringes-second-amendmen/

The source is a newspaper containing the recent news pertaining gun control and the second amendment. The article highlights the decision by the appeal court on the infringement of person’s rights by the weapon control laws. It contains arguments by various scholars which makes it suitable for the research. For instance, it includes the evidence by the judge on the weakness of the gun control laws.  It also contains arguments of those who support the gun control laws which make it easier for the reader to weigh both sides before making a conclusion.

Gerber, L. (2011). The Second Amendment: The right to bear arms. New York: Rosen Central.

The author of the article concentrates on the American history. He also deals with issues pertaining governance; therefore, the information contained in the source is credible. The source offers a clear explanation of the second amendment. According to the article, many people in the United States have a gun. Individuals believe that they have the right to own a gun as stated in the second amendment. Therefore, the author tries to offer a clear explanation of the particular rights. Hence, the information is suitable to use in the research.

Spitzer, R. J. (2015). Politics of Gun Control. Routledge.

The book highlights current issues about gun control. It offers various cases on gun violence, for instance, the Colorado theater shootings and the death of Trayvon Martin. The particular cases offer a clear explanation on the escalating cases of gun violence in America. It also shows the various issues that were raised after the incidents. Additionally, the source offers an explanation on the effects of American politics on the gun control laws. The source also contains new topics on gun control laws.  The detailed information in the book makes it a suitable source to use for the research.

References

Blocher, J., & Miller, D. H. (2016). What Is Gun Control? Direct Burdens, Incidental Burdens,

and the Boundaries of the Second Amendment. University Of Chicago Law Review, 83(1), 295-355.

Gerber, L. (2011). The Second Amendment: The right to bear arms. New York: Rosen Central.

Kaufman, S. (2012). Second Amendment Organization Defends Right to Keep and Bear Arms.

Human Events, 68(22), 28.

Martin, W. M., LaVan, H., Lopez, Y. P., Naquin, C. E., & Katz, M. (2014). An Ethical Analysis

of the Second Amendment: The Right to Pack Heat at Work. Business & Society Review (00453609), 119(1), 1-36. doi:10.1111/basr.12023

Shastry, A. (n.d.). Appeals court rules Md. gun control law infringes on Second Amendment

rights. Retrieved October 30, 2016, from http://www.washingtontimes.com/news/2016/feb/4/maryland-gun-control-law-infringes-second-amendmen/

Spitzer, R. J. (2015). Politics of Gun Control. Routledge.

Washington DC gun law likely violates second amendment, judge says. (2016). Retrieved

October 30, 2016, from https://www.theguardian.com/us-news/2016/may/17/guns-second-amendment-washington-dc-law

Wershbale, J. L. (2010). The second amendment under a government landlord: is there a right to

Wolf, C. R., & Rosen, J. A. (2015). Missing the mark: gun control is not the cure for what ails

the u.s. mental health system. Journal Of Criminal Law & Criminology, 104(4), 851-878.

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