Research Paper: United States, in Accordance

Pages: 13 (3770 words)  ·  Bibliography Sources: 9  ·  Level: College Junior  ·  Topic: Law - Constitutional Law  ·  Buy This Paper

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[. . .] Restricting the import of all spare firearms of military and various other weapons with the exception of sport purposes

Therefore the main law in The Gun Control Act of 1968 obliges the licensing of all the guns related to manufacturers, dealers, importers, collectors or common citizens. There are various limitations with The Gun Control Act of 1968. Firstly, the public dealings between the buyer and the firearms dealer are the sole individuals on whom this act applies. The further issue with this law is one of implementation. There is a huge number of firearms dealer in the United States and therefore a countless number of gun trading takes place on everyday basis. Hence, the federal authorities of enforcement allocated for these trading and carrying out investigation is relatively very small. Therefore, The Gun Control Act of 1968 is not much effectual given that since the vast number of gun dealings and enforcement agencies assigned are uneven.

In 1993 there is another federal law which was passed, namely Brady Handgun Violence Prevention Act. Bill Clinton was the President at that time who signed this federal law. The purpose of this federal law was a time of waiting of five working days in order to check the background and other necessary information regarding the buying and delivering of a handgun. Though, this federal law only applies on the federally authorized dealers (interstate dealings is the main focus) and therefore covering handguns in the states devoid of same background and information checking of the requirements under their laws of state.

There were also limitations associated with Brady Act of 1993, such as; it doesn't applies on non-dealer trading and the possible criminals can break the law by means of handguns purchase with the help of unauthorized handguns sellers. Though, Kleck stresses that there is still many positivity associated with the Brady Law on gun control even though these positivity by far hasn't matched the probabilities of numerous scholars (Kleck, 1991, p.378).

These days, the extent and the limitations of gun control have increased very much. A simple overview has been offered by Wright et al., (1983) regarding the gun control laws of state, separating these gun control laws in various parts such as; dealer controls associated with transfer and acquisitions controls, possession controls which are related to carriage means and provisions for place, penalties associated with the usage of guns in felony, and lastly restrictions of various guns.

Controlling of dealers comprises the recording and licensing along with exposure of sales related to firearm. The dealers of firearms are obliged to show any information related to sales along with the complete details of the guns, information of purchaser and serial number.

Transfer and acquisition controls comprise the permits and/or license for purchasing as well as application associated with gun purchasing. The purchase permit or license is considered s a very restraining law, in which the purchaser is required to ask for a license or permit at a police department near him or her, putting information in form regarding their address and any records related to crime along with the pictures and thumbs expression of the applicant. A background investigation is carried out by the police frequently in order to verify the application form information. In a number of cities there is also a requirement of mentioning a valid reason for buying the gun. All these checks on the background and information verification requires a waiting time prior to the issuance of permit.

Controls of possession comprises of license and registration to carry the firearm. Registration is utilized in terms of screening the weapon at the time when the police officer checks the background of the gun owner. Possession license denotes the license requirement or I.D Card given to the owners of the firearms.

Regulation of handguns carrying takes an effect with the help of provisions related to the manner and place of weapon carriage. A lot of states have these restrictions; however restrictions like these vastly vary throughout jurisdictions.

Penalties associated with the utilization of the guns in crime situations refer to sentences that are enhanced convicted felons for carrying or using firearms during the crime committing. The severity of the rulings boost with these rules given to the criminals in order to decrease the crime related to gun violence.

Restrictions on different guns can be seen in a number of states such as; Connecticut, California, New York, New Jersey where there is total ban on "assault weapons." California for instance limits the selling of any handgun that is unsafe; assault pistols are restricted in Hawaii; a number of low-level, inexpensive and small handguns along with assault pistols are banned in Minnesota.

Given below is a summary related to guns control laws of state-level in the 50 states of United States and the District of Columbia as of the year 2000: [footnoteRef:2] [2: See for example, Sourcebook of Criminal Justice Statistics available in Maguire et al., 2001. http://www.albany.edu/sourcebook/.]

1. About all state has NICS check of instant background, laws related to hunter protection and gun carrying.

2. There is a range protection laws associated with almost all the states.[footnoteRef:3] [3: Range protection law protect gun range as of disturbance and action related to noise control aimed to restrict an operation related to range.]

3. There is a requirement for 26 states to show sale record by sending it to police department. All these 26 stats comprise about 40% of population of United States.

4. There is a waiting period of 5 to 7 working days for the sales of firearms in 12 states of the United States. These states comprise approximately 36% of the overall United States population.

5. States that are obliged to attain permit or license for purchasing handgun are about 13 and comprise about 53% of the United States population

6. Only Michigan, Hawaii, District of Columbia and New York require registration of handgun.

7. States such as New Jersey, Massachusetts, District of Columbia and New York require identification card and license for carrying handguns.

8. Ten other states, which contain about 57% of the U.S. population, restrict various guns.

There has been enormous spread in the gun control laws throughout the states in accordance to the preceding estimations of Cook (1979; 1980). Furthermore, the current spread of gun control law is conservative due to the fact that it is focused only on state-level as compared to data of city level. In a number of states the cities have obliged their own gun control restrictions when there is no law for gun control in order to lessen the open carry of firearms so that the restrictions data in the population of the United States is more than the estimated data provided.

After the implementation of 1982 gun control law, there was an evident decreased in violence crimes and homicides. The ordinance explained this decline of homicide and gun violence as a result of banning the ownership of handgun. Although, the impact of this policy is suspicious after a close look at the trends of crime over a period of line time. In the later years of 1980s, there was a gradual increase in the number of homicides and gun violence in the city. And it didn't stopped here, as in the year 1992, there was much more increase in the crime and murders which passed the preceding level seen before this gun control law.

The governments of state regulate the firearms trading for the purpose of protection and safety of the U.S. citizens. But unfortunately, the interstate trading of firearms is easily done with any difficulty. If at all possible, the lethal products such as firearms should be regulated uniformly throughout the country in order to assure the safety and security of the U.S. citizens. Law enforcement agencies are required to bring up a firm method that gives solid tracking whether verifying the background of the applicant or tracing the gun that was seen at a crime scene.

As far as homicide is concerned, the effect of gun control laws seems more complex. According to the Marvell et al. (1995), when there is an intentional use of firearms, the murders aimed are frequently successful, murders in attempt of robbery are more probable, and then there are deadly consequences of assaults. For such cases, there are different circumstances that have an effect. Being the owner of the gun, the offender becomes fearless of the victim. Laws related to gun control sometimes makes it more complicated for those law abiding citizens who wants to purchase guns for their safety which again is a factor of offender's fearlessness. Moreover, the cost of purchasing guns increases due to the legislations of gun control to possible offenders. This is the reason why laws related to gun control might become a factor of increasing homicides in a number of circumstances.

Without a doubt, the recent laws of gun control are mainly emphasizing on keeping guns out of reach from the criminals devoid of… [END OF PREVIEW]

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