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Gun Control Thesis Statement

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Published: Mar 19, 2024

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I. introduction, ii. the second amendment and the right to bear arms, iii. gun violence statistics and the need for stricter regulations, iv. gun control policies and their effectiveness, v. mental health and gun violence, vi. gun control advocacy and opposition, vii. conclusion, a. overview of current gun control laws in the united states, b. analysis of the effectiveness of background checks and waiting periods, c. discussion of the impact of assault weapons bans and high-capacity magazine restrictions, a. connection between mental illness and gun violence, b. importance of mental health screenings for gun owners, c. strategies for preventing individuals with mental health issues from obtaining guns, a. overview of gun control advocacy groups, b. analysis of arguments against stricter gun control laws, c. strategies for promoting bipartisan support for gun control legislation, a. recap of key points, b. restate thesis statement, c. call to action for stricter gun control measures to improve public safety.

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thesis statement 2nd amendment

Second Amendment - List of Free Essay Examples And Topic Ideas

An essay on the Second Amendment of the United States Constitution can analyze the historical context, legal interpretations, and contemporary debates surrounding the right to bear arms. It can delve into the arguments for and against gun control, the role of firearms in American culture, and the impact of gun violence on society. We’ve gathered an extensive assortment of free essay samples on the topic of Second Amendment you can find in Papersowl database. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

The Second Amendment – Firearm Legislation

Americans are being murdered at unprecedented rates and little action has been attempted to prevent similar events from reoccurring. According to the Centers for Disease Control and Prevention, ninety-six Americans die by firearms every day (The Editorial Board). Ninety-six lives end because of a bullet. It is unethical and immoral for that many people to perish, and for there to be little change made. Unfortunately, legislators can not just simply change firearm laws due to the long-standing and well-respected second […]

Gun Violence and the Second Amendment

According the Cornell Law Studies Institute, the second amendment states, "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." The Second Amendment of the constitution is one of the most misunderstood and confusing sentences in the history of America. The 27-word sentence has a partial collectivist ora while still maintaining the individualistic right to keep and bear arms. Before discussing the reasons behind […]

Rights and Responsibilities of U.S. Citizens

United States citizens are some of the richest in the world when it comes to the rights that they are afforded. Along with those rights come responsibilities. The U.S. Constitution and the Declaration of Independence are the foundation upon which these rights and responsibilities were carved. A right is a freedom or privilege that is granted to U.S. citizens by the constitution. A responsibility is a duty or obligation to be able to enjoy those rights. Rights and responsibilities go […]

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Negative Consequences of Second Amendment

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Second Amendment in the Bill of Rights

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The Gun Problem in America

Introduction As stated in the Social Problems textbook, “Social problems: Continuity and change”, “A social problem is any condition or behavior that has negative consequences for large numbers of people and that is generally recognized as a condition or behavior that needs to be addressed” (2015). As a result, I decided to discuss the social problem of the second amendment. Since the founding of the United States of America, the right to bear arms has always been a hot button […]

Supreme Court and the Second Amendment

Heller was a special police officer in Washington D.C. He was allowed to carry a Handgun as part of his job. Wanting to keep a handgun at his home, he applied for a license with the District of Columbia. They denied the request making heller sue the District For violating his second amendment rights. Based on what the second amendment said the District Court Found that the second amendment does not create an individual right to gun ownership Unrelated to […]

Second Amendment Gun Control: Urgent Need for Stricter Laws and Licensing

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3d Printed Guns It is Constitutional

Even though this is an incredibly new technology, politicians and even presidents around the globe makers have recognized 3D printed guns and what’s behind it. Regardless of what their actual thoughts are on the topic, the laws that they have tried to put into place that obstructs the progress of the technology has risen the number of questions that deal with it. Questions such as whether or not it is constitutional to make them, distribute them or even use them. […]

Gun Control in the United States

Over the past few decades, the United States has witnessed various high- profile mass shootings in towns including Las Vegas, San Bernardino, Orlando, and Newtown. Even though most homicides receive little public attention, incidents of mass shooting are extremely salient. Gun violence is the primary cause of mass shootings in the US. Victor Hayes attributes increased gun violence to how easily an individual can access a gun in the US and further argues that such ease of accessibility acts as […]

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thesis statement 2nd amendment

Explainer: what is the 2nd Amendment and how does it impact US gun control?

thesis statement 2nd amendment

Senior Lecturer in Politics, Keele University

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Jonathan Parker does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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The Second Amendment to the Constitution is a touchstone for the many people who identify with American society’s enduring affinity for firearms. And every time there is an atrocity, such as the mass shooting in Orlando, debate inevitably settles on how this part of the Constitution effectively prevents the adoption of workable gun control measures.

But ironically, the Amendment played almost no substantial part in legal or constitutional jurisprudence involving gun ownership until 2008 and even the recent change in Supreme Court interpretations does not give it a significant role in gun regulation. The importance of the Second Amendment lies much more in its symbolism for those people defending gun ownership and as a rallying point for those supporters.

The Amendment is a telling reminder of America’s longstanding relationship with guns that goes back to its colonial heritage and has developed a strong and popular mythology surrounding this legacy. But it is not a clear endorsement of the right to own a gun. The text reads:

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.

The Amendment came out of the colonies’ longstanding suspicion of standing armies, accentuated by the recent War of Independence against Great Britain. It sought to enshrine protections for local and state militias, who would provide a bulwark against any possible encroachment of power by the new national government – and its national army – which was established by the Constitution in 1789.

The Second Amendment was always about federalism, protecting the power of the states to have and regulate militias rather than granting individual rights, and the courts interpreted it that way consistently until two cases in 2008 and 2010 completely upended more than two centuries of legal and constitutional history.

Legal frontiers

In the case of District of Columbia v. Heller, 554 U.S. 570 (2008) , the Supreme Court held that the Second Amendment protects an individual right to possess a firearm – independent of any service in a militia – for legal purposes such as self-defence. In a subsequent case, McDonald v. Chicago, 561 U.S. 3025 (2010) , the Court extended this protection against bans by all state and local governments.

These cases established the individual right to gun ownership for the first time – but, significantly, they were only applied in relation to absolute bans. The Supreme Court continues to allow almost all restrictions on firearms short of an outright ban. It is the politics of gun regulation that is much more important if you want to understand the gun debate in the US. The Second Amendment, meanwhile, is a political symbol rather than a strong legal protection.

Declining ownership and homicides

An understanding of the place of guns in American culture is needed to fully understand the issue of gun regulation. The General Social Survey (GSS) , has found that gun ownership has declined from 49% of households in 1973 to 34% in 2010, though Gallup opinion polls report a lower figure, unchanged from 1972 to 2010 at 43%. Whichever figure is most accurate, a substantial portion of American households own a gun. Traditionally, hunting was the main purpose for gun ownership but it has declined from 49% in 1999 to 32% in 2013. Personal protection has now become the main reason cited by gun owners, rising from 26% in 1999 to 48% in 2013 .

Despite worries over personal safety, fuelled by widespread media coverage of regular mass shootings, the homicide rate from firearms has fallen hugely in the US since the 1990s . Compared with 1993, the peak of US gun homicides, the firearm homicide rate was 49% lower in 2010. The rate for other violent crimes with a firearm was 75% lower in 2011 than in 1993 . While violent crime has plummeted since the 1990s, however, mass shootings consume most efforts around gun control today. People believe that crime has gone up rather than down – and this continuing fear of crime influences gun policy.

Opinion polarised

Public opinion has been decidedly in favour of stricter gun control for decades, but the recent polarisation of politics in the US has also influenced people’s views on guns. Support for gun control is now roughly matched with support for gun rights in the wider population.

The main areas of gun regulation concern limiting who can purchase a gun. There have been large majorities in favour of restrictions such as background checks for those with criminal records, limiting access for the mentally ill, and creating a national database to track gun sales. Bans on assault rifles, such as the AR-15, used in Orlando are more controversial. These sorts of weapons were banned in 1994 under the Clinton administration but the law was allowed to lapse in 2004 and stands no chance of being re-enacted by the current Congress.

Party lines

Differing views of gun control across party lines are much more evident now, with Republicans less likely to support a national database or assault weapon ban. These issues have erupted into the presidential campaign. Hillary Clinton called for stronger background checks and a national database, while Donald Trump – who used to support stricter gun control – accepted the endorsement of the National Rifle Association (NRA) and claimed that Clinton “ wants to take away Americans’ guns ”. These statements are largely symbolic as neither party appears eager to engage in a strong attempt to enact gun control due to the potential for a backlash from gun enthusiasts.

The most prominent change in state laws regarding guns in recent times has been to make guns more, rather than less, available. In reaction to the massacre at Sandy Hook Elementary School in 2012, Wayne LaPierre, the NTA vice president, argued that “the only thing that will stop a bad guy with a gun is a good guy with a gun”.

States adopted this approach, with 41 adopting laws allowing the carrying of concealed guns by 2014 . Debates rage over whether this availability makes the public more or less safe, but it is the sharp edge of the current debate in the states. Meanwhile, in Sandy Hook, Newtown – and now Orlando – hundreds of families continue to mourn their dead as mass shootings continue with a dispiriting regularity.

  • Mass shootings
  • US Constitution
  • Second Amendment
  • US gun control
  • Orlando shooting 2016

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The  Second Amendment  of the  United States Constitution  reads: "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." 

Such language has created considerable  debate regarding the Amendment's intended scope . On the one hand, some believe that the Amendment's phrase "the right of the people to keep and bear Arms" creates an individual constitutional right to possess firearms. Under this "individual right theory," the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. On the other hand, some scholars point to the prefatory language "a well regulated Militia" to argue that the Framers intended only to restrict Congress from legislating away a state's right to self-defense. Scholars call this theory "the collective rights theory." A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.

In 1939 the U.S. Supreme Court considered the matter in  United States v. Miller , 307 U.S. 174. There, the Court adopted  a collective rights approach , determining that Congress could regulate a sawed-off shotgun which moved in interstate commerce under the National Firearms Act of 1934 because the evidence did not suggest that the shotgun "has some reasonable relationship to the preservation or efficiency of a well regulated militia . . . ." The Court then explained that the Framers included the Second Amendment to ensure the effectiveness of the military.

This precedent stood for nearly 70 years until 2008, when the U.S. Supreme Court revisited the issue in the case of  District of Columbia v. Heller , 478 F.3d 370. The plaintiff in  Heller  challenged the constitutionality of a Washington D.C. law which prohibited the possession of handguns. In a 5-4 decision, the Court struck down the D.C. handgun ban as violative of that right. The Court meticulously detailed the history and tradition of the Second Amendment at the time of the Constitutional Convention and proclaimed that the Second Amendment established an individual right for U.S. citizens to possess firearms. The Court carved out  Miller  as an exception to the general rule that Americans may possess firearms, claiming that law-abiding citizens cannot use sawed-off shotguns for any law-abiding purpose. Similarly, the Court in  dicta  stated that firearm regulations would not implicate the Second Amendment if that weaponry cannot be used for law-abiding purposes. Further, the Court suggested that the United States Constitution would not disallow regulations prohibiting criminals and the mentally ill from firearm possession.

In 2010, the Court further strengthened Second Amendment protections in  McDonald v. City of Chicago , 567 F.3d 856. The plaintiff in  McDonald  challenged the constitutionality of the Chicago handgun ban, which prohibited handgun possession by almost all private citizens. In a 5-4 decision, the Court, citing the intentions of the framers and ratifiers of the Fourteenth Amendment , held that the Second Amendment applies to the states through the  incorporation doctrine . The Court lacked a majority on which specific clause of the Fourteenth Amendment incorporates the fundamental right to keep and bear arms for the purpose of self-defense. While Justice Alito and his supporters looked to the Due Process Clause , Justice Thomas in his concurrence stated that the Privileges and Immunities Clause should justify incorporation.

Several questions still remain unanswered, however, such as whether regulations less stringent than the D.C. statute implicate the Second Amendment, whether lower courts will apply their dicta regarding permissible restrictions, and what level of scrutiny the courts should apply when analyzing a statute that infringes on the Second Amendment. Generally, in constitutional law, courts subject  statutes  and  ordinances to three levels of scrutiny, depending on the issue at hand:

  • strict scrutiny
  • intermediate scrutiny
  • rational basis 

Circuit Court opinions following  Heller  suggests that courts are willing to uphold the following:

  • Regulations prohibiting weapons on government property.  US v Dorosan , 350 Fed. Appx. 874 (5th Cir. 2009) (upholding defendant’s conviction for bringing a handgun onto post office property).
  • Regulations prohibiting possession of a handgun as a juvenile delinquent.   US v Rene E. , 583 F.3d 8 (1st Cir. 2009) (holding that the Juvenile Delinquency Act ban of juvenile possession of handguns did not violate the Second Amendment).
  • Regulations requiring a permit to carry concealed weapon.  Kachalsky v County of Westchester , 701 F.3d 81 (2nd Cir. 2012) (holding that a New York law preventing individuals from obtaining a license to possess a concealed firearm in public for general purposes unless the individual showed proper cause did not violate the Second Amendment). 

More recently, the U.S. Supreme Court reinforced its  Heller  ruling in  Caetano v. Massachusetts , 136 S.Ct. 1027 (2016). The Court struck down a Massachusetts statute which prohibited the possession or use of “stun guns” by finding that “stun guns” are protected under the Second Amendment. While ruling largely on the reasoning of  Heller , the opinion was  per curiam  and therefore did not significantly add to Second Amendment jurisprudence. 

In 2022, the Supreme Court further expanded upon the precedent set by Heller in New York State Rifle & Pistol Association v. Bruen . In Bruen , the Court struck down a New York law requiring parties interested in purchasing a handgun for the use of self-defense outside of the home to obtain a license because the law issued licenses on a “may-issue” rather than a “shall issue” basis. This “may issue” licensing method allowed state authorities to deny interested parties public use licenses for firearms if the interested party was unable to show “proper cause” as to why they have a heightened need for self-protection over the general population. 

Furthermore, the Court disavowed the use of “means-end tests” many jurisdictions had adopted for the purposes of interpreting the Second Amendment, instead ruling that a Second Amendment analysis is limited to evaluating the historical nature of the right and whether a given use of a firearm or other weapon is deeply rooted in the history of the United States. Post- Bruen , courts can no longer use a standard scrutiny analysis like the one seen in Kachalsky v. County of Westchester to determine if a gun regulation is constitutional. Instead, a government wishing to place restrictions on firearm ownership must “affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.”

In a concurrence, Justice Kavanaugh joined by Justice Roberts emphasizes that Bruen is not intended to invalidate “shall-issue” licensing structures or other restrictions on firearm ownership including fingerprinting, background checks, mental health evaluations, mandatory training requirements, and potential other requirements. Additionally, this concurrence draws a line between objective gun control measures, where an individual must pass a set of predetermined requirements, which are constitutional, and subjective gun control measures, such as licensing at a state official’s discretion, which are not. 

It remains to be seen how the ruling in Bruen and the sentiments espoused in this concurrence will influence cases going forward.

See also: C onstitutional Amendment .

[Last updated in June of 2022 by the Wex Definitions Team ]

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CMC Senior Theses

The second amendment: a states’ right, for the people, protected by the federal government.

Marie Hardwick Follow

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This thesis explores the creation of the Second Amendment and how it has been interpreted over time. The purpose of this thesis is to understand present-day debates over gun control and offer an interpretation of the right that best suits the modern era. By analyzing the history of gun ownership in the United States, it is clear that the intention of the Second Amendment was to extend the right to the individual and should not be limited to collective use. As the Bill of Rights was extended to protect the people from state governments, the history of states’ rights in the regulation of firearms should be taken into account. With a country divided in their views on gun control policy, states should maintain the power to regulate arms, with federal courts intervening only when legislation is particularly radical. This thesis offers an interpretation of the Second Amendment best suited for the nation on both historical and practical by investigating the most prominent debates today: individual vs. collective rights, federal vs. states’ rights. With all things considered, this thesis concludes the most suitable interpretation of the Second Amendment for the people is: a right of the people protected, as individuals, from federal infringement, and regulated by the states, that are checked by the federal courts only when deemed necessary.

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Hardwick, Marie, "The Second Amendment: A States’ Right, for the People, Protected by the Federal Government" (2019). CMC Senior Theses . 2116. https://scholarship.claremont.edu/cmc_theses/2116

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Home / Essay Samples / Social Issues / 2Nd Amendment / Gun Control Controversies: 2nd Amendment

Gun Control Controversies: 2nd Amendment

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  • Topic: 2Nd Amendment , Gun Control

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Gun Control Controversies:

Why we argue, second amendment – the right to bear arms, the controversy, in an article written by jashinsky, magnusson, hanson, and barnes about media, they stated:.

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