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Alex Kaptur Guzman

AP American, pd 1
Noble 5/4/17
Junior Theme

Unconstitutionality of the Gun Ban

Imagine you are driving in a dangerous neighborhood and you have to go in a gas station

to fill up on gas. This area has especially high crime rates and as you’re walking up to the store

window you see a sign announcing, “This store is a gun-free zone,” Do you feel protected from

the non-law-abiding criminals? The rights of the people are the essential freedoms that America

recognizes. Americans recognize the constitution and all of its amendments to assure their

freedoms, especially the second amendment. The right to bear arms must be upheld, as its repeal

would violate the constitution and the rights of the American people. Banning the right to bear

arms would leave individuals exposed to harm from violent aggressors, benefit the criminals and

tyrannical government at the expense of the public, and restrict civilians from deterring criminal

action. Furthermore, it would negate the intentions of the second amendment, while proving

ineffective at reducing national crime rates. The United States must uphold the second

amendment and the right to bear arms clause within.

The goal of the founding fathers in forming the second amendment, was to preserve

citizen’s ability to defend themselves (Kates, Right). Americans value the freedom to act in

regards of their own well-being, a freedom made possible as a result of the right to bear arms

(Wright). The right to bear arms grants citizens the ability to protect themselves and others

(Huntwork). Civilian uses of firearms as a form of protection have been occurring in this nation

daily (Wright). Guns and bullets are inanimate objects that bear no pain without human contact,

but this fact is overlooked far too often by public-health officials (Faria). With such inaccuracies
floating around, it is clear that Americans need education on firearms, including education on the

ways in which firearms can be helpful for defending one’s self and others (Otero). America will

be safer with more law-abiding citizens obtaining firearms, provided they are aware of the

extensive benefits (Huntwork).

The founders of this nation deemed the right to keep and bear arms a natural right for

Americans. As a result of this right being granted by members in power before us, thousands

have been able to save their own lives because of a gun being available to them (Wright). This

has created safer societies where more people can feel and be protected (Kates, Right). The

protective benefits of firearms are extremely understated and often times underappreciated by the

public (Faria). Guns by nature are designed to protect individuals from harmful aggressors

(LaRosa). The issue with citizens being unable to defend themselves, is that it creates a demand

for law enforcement to intervene and this enforcement often arrives too late (Levy, The

Individual). The more law enforcement directed into the danger of unnecessary settings, the less

likely forces will be available for other important emergencies. The ability to protect goes

beyond just one’s self, but holds significance for family members and other citizens (Huntwork).

“In fact, thirteen studies conducted between 1976 and 1994 estimated that there were between

770,00 and 3.6 million civilian defensive gun uses per year (Otero).” An individual can be a

victim to the criminals of this world or they can live freely and be able to protect themself, their

family, and their community (Huntwork).

An American’s ability to bear arms should be fundamentally sound no matter if their

opponent is a rogue government or a criminal enemy (Huntwork). Civilian acquisitions of

firearms most commonly result from a person’s need to defend themselves. Instances of unlawful

gun uses by criminals occur all too often, but it is not the weapon that is doing wrong, but the
person instead (Wright). These instances are what cause firearms to be needed in cases of self

defense, places in which citizens want to be prepared for what may happen (LaRosa). If citizens

are unable to protect themselves, they either become victims to crime or dependent on the state

(Levy, The Individual). Those who seek to disarm the public, target law-abiding citizens who

aren’t involved in criminal action (Huntwork). Though so many gun crimes are covered by the

media, they still avoid mentioning that these attacks happen primarily in gun-free areas (Lott).

These designated gun-free zones serve as free-fire zones to the deranged mind of killers

(LaRosa). Gun violence reducing strategies would be more successful if their focus was on law

enforcement and not on restricting the gun ownership of law-abiding citizens (Carleo-

Evangelist).

Removing guns and the right to self defense from citizens would be removing a long

standing tradition, this move would further endanger Americans (Wright). Dr. John Lott, a gun

rights advocate claims, firearms are used five times more frequently in instances of preventing

crime over committing crime (Lee). In addition to firearms proving successful at preventing

crime, the 1920s Prohibition and 1968 Gun Control Act both spiked an increase in homicide and

suicide rates in America (Faria). These laws are ineffective, encouraging, rather than preventing

homicides and serve as a benefit to the criminals (Kates, Right). In addition to firearm protection

against criminal opposition, they also serve as protection against tyrannical government. The

second amendment was designed to protect individuals against the state and deter tyrannical

government (Levy, The Individual). It is not only the right, but also the obligation of armed

citizens to protect themselves and those surrounding them from terror, both criminal and

tyrannical (Huntwork). The removal of the right to bear arms would cause resistance by the

people (Kates, Right). Tyranny could then be created because the populace won’t be capable of
protecting themselves (Levy, The Individual). It is essential to protect the public against

criminals and government.

Allowing the citizenry to carry concealed weapons serves as a deterrent to crime, without

increasing accidental death rates (Faria). Permit-holding gun users have statistically better

records than police officers and misuse their firearms less often (Huntwork). The time it takes for

an armed person to arrive on scene of a shooting is the largest factor in determining how many

people will be harmed (Lott). Often times the mere sight of a firearm is enough to perturb the

attacker (LaRosa). During home invasions, confrontation with a homeowner is enough for a

criminal to choose an easier target, especially an armed homeowner (Wright). At a larger scale,

areas with higher gun ownership experienced lower crime rates than areas with lower firearm

ownership (Otero).

The issue of gun rights is not a political battle, but rather a battle to protect the lives of all

Americans, especially those in dangerous gun-free zones (Huntwork). In many cases, the

presence of police forces are not enough to halt attacks from occurring, and officers are usually

the first to be killed on site (Lott). There needs to be an alternative to relying primarily on law

enforcement to act, and that alternative is carrying concealed weapons. The only school

shootings where lives could be preserved, were when students or teachers could actively access

their firearm, while law enforcement proved non-existent in these situations (Huntwork).

Considering that dangerous individuals already have firearms through illegal acquisitions,

Americans are best suited with firearms of their own (Wright). Utah and Oregon have instituted

concealed carry permits on campuses, and no shootings have occurred on their school campuses

since then (LaRosa). In cases of attacks, concealed firearms have been effective in limiting their

damage (Lott). Nationwide, firearms protect the lives of good people and billions in property
annually (Faria). There is no relation between the rate of violent crime and the increasing rate of

gun ownership (Otero). Homicides involving firearms take a backseat to only suicides involving

firearms on the nation’s list of leading causes of violent death, and no apparent decrease in rate

of crime has resulted from assault gun banning or gun control methods (Carleo-Evangelist).

The right to bear arms is analogous of the freedom of speech and is essential to the

heritage of the United States (Harris). The right to keep and bear arms also serves as a natural

and individual right that pre-exists the constitution, and is ensured by the second amendment

(Tahmassebi). It would be unlawful for the government to infringe upon the constitutionally

protected right to bear arms (Kates, Right). The court initially placed the right to bear arms in the

Bill of Rights, so that it would stand the test of time in American history (Tahmassebi). The

Supreme Court proved its long term nature in the cases of Heller and McDonald, where it was

deemed a fundamental right (Levy, Gun Regulations). This right has been mentioned in more

than thirty five Supreme Court cases, where it has been continuously upheld (Kates, Right). The

founding fathers desired the right to bear arms to be molded into the constitution to empower the

citizens and assure their role in government, while preventing governmental tyranny (Kates,

Right).

During the 1790s, George Washington publicly insisted that citizens would be armed and

was fervent at the sight of the armed citizenry he created (Lantz). The right to bear arms would

stand today even if it were outside the bounds of the Bill of Rights, due to the ninth amendment,

which protects all additional amendments (Kates, Right). The founders desired a strong armed

citizenry, so that it could stand as a well-regulated militia, and could protect the freedom of the

states (LaCourse). Though the second amendment makes reference to a well-regulated militia,

the militia is not necessary for the right to bear arms to stand (Levy, The Individual). Lawmakers
state that banning guns will deter criminal’s ability to obtain firearms and commit crimes, but it

is the non-violent and law-abiding citizens that are unable to obtain firearms (Harris).

Constitutionally, the public should have the right to bear arms.

The best solution to gun violence may not include the passing of new restrictive gun laws

(Carleo-Evangelist). Licensed permit-holding citizens account for less than two percent of

firearm induced crimes (Faria). Clearly, handgun permit holders are trustworthy and law-abiding

(Lott). Gun bans are designed to restrict permit-holding citizens, allowing criminals to continue

their disregard of gun laws (Harris). Gun control advocates believe that an increase in firearm

carrying individuals will increase crime rates, but no increase in gun violence has occurred in the

forty states that permit concealed carrying (Wright). When comparing many nations at large,

countries with high gun ownership do not have the expected higher crime rates as result (Kates,

Right). Statistics have also proven that the relation between gun laws and gun crimes is

nonexistent (Carleo-Evangelist).

Though, handguns aren’t the only guns that have been targeted for restrictions,

restrictions have also been placed on assault weapons. Assault weapons are rarely used in crimes,

but the gun ban lobby uses them to further target law abiding citizens (Caswell). This is an

attempt to blame inanimate objects for criminal acts and request that legislating barriers further

intrude on law-abiding citizens and their firearms (LaRosa). Assault weapons account for such a

small proportion of the market, that in the 1990s, gun crime rates fell, and the assault gun ban

was credited for this success, when better law enforcement deserved credit (Carleo-Evangelist).

The legislator’s solution would be to rid America of all guns that aren’t granted to law

enforcement. This proposed solution is the result of the public’s distorted concept of firearm
related danger (Carleo-Evangelist). Truthfully, fatal gun accidents have been decreasing as gun

ownership has increased (Wright).

The gun control lobby also hides the fact that household items are dangerous and account

for more accidental deaths than firearms (Wright). “If states without right-to-carry laws had

adopted them in 1992, about 1,570 murders, 4,177 rapes, and 60,000 aggravated assaults would

have been avoided annually (Faria).” Avoiding the pain for so many people and their families

could be made possible by an increase in gun ownership and a decrease in gun-free locations.

States with restrictive gun laws have not seen lower crime rates than the states without them.

“Colorado and Connecticut, for example, have gun laws as different as New York's from

Montana's, but they have about the same percentage of violent crime committed with guns

(Carleo-Evangelist).” The majority of murderers have histories of crime, substance abuse,

dangerous behavior, and psychopathology and cannot be trusted to abide by the laws and

restrictions the government enforces (Kates, Right). Criminals don’t target shooting ranges, gun

shows, and police stations, but rather locations that don’t reveal a threat, where they have the

advantage (LaRosa). Gun-free locations draw a lot of attention by criminals and serve as a

magnet to violent attacks (Lott). A ban on firearms should appear unlikely because of the

inconclusive results that the ban would bring (Carleo-Evangelist). The results of a gun ban are

not self-evident, therefore a ban should not pass constitutional muster (Otero).

The second amendment guarantees a right of the people to all citizens (Kates, Right). The

right to bear arms must be upheld as its repeal would be unconstitutional. The second

amendment protects individuals from violent aggressors, benefits the public in restricting the

criminals and tyrannical government, and deters criminal action. What’s more, the second

amendment was designed to ensure the right to bear arms as it has no effect on crime rate in the
United States. Without the second amendment criminal action would be detrimental to the nation

and its people (Faria).


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