Comparative Law Essay Example | Topics and Well Written Essays - 2250 words

Comparative Law - Essay Examplepolitical arguments about gun for hire correctlys fall into two basic categories, first, does the government have the authority to regulate guns, and second, if it does, is it rough-and-ready public policy to regulate guns? (Spitzer, 1995). Gun overturn refers to a continuing political and social debate concerning both the constraint and accessibility of firearms within the United States. It has been among the most controversial and intractable issues inAmerican politics. The debate has been distinguished by an impasse between an individual accountability to bear arms establish on thesecond amendmentand the accountability of government to avert crime, preserve order and protect the welfare of its residents. The right to own a gun and defend oneself is considered by some as a central article of belief of theAmerican identity (Spitzer, 1995). The two early state court cases,BlissandBuzzard, set the debate in interpreting the plump for Amendment, i. e. whether it protected an Individual Right or a Collective Right and industrious the American legal experts thinking for years to come .A debate about how to interpret the Second Amendment evolved by the decades and remained unresolved until the 2008District of Columbia v. HellerU.S. Supreme Court decision (Cornell , 2006). ... Gun rights groups maintain that bans on the sale of certain types of weapons have not proved effective in reducing violent crime, and that proposals for stricter stage setting checks at gun shows are designed to eliminate gun shows themselves. Some gun manufacturers have volunteered defy for safety locks, but the NRA has criticized safety locks for placing an undue burden on gun manufacturers without a proven value to the public (Crothers, 2003). The first category, collectively known as rights-based arguments, consist of Second Amendment arguments, state constitution arguments, right of self-defense arguments, and bail against tyranny and invasion arg uments. Public policy arguments, the second category of arguments, revolve nigh the importance of a militia, the reduction of gun violence and firearm deaths, and also can include arguments regarding security against foreign invasions. On June 26, 2008, inDistrict of Columbia v. Heller,the United States Supreme Court affirmed, by a 5-4 vote, the decision of the D.C. Circuit Court of Appeals. This decision struck down the D.C. gun law. It also clarifies the scope of theSecond Amendment to the United States Constitution, stating that it stipulates an individualrightirrespective of membership in a militia. However, the court made it reach that like other rights, the right to bear arms is not without limitations, leaving open the prospect of political regulation. The decision declined to rule on theincorporationof the Second Amendment, leaving its applicability to the states unsettled While the attitude of the Second Amendment within the twentieth-century incorporation debate is a m atter of importance for the many challenges to state gun control laws, it is an issue that we need not