Criminal Law
- Gun Control
- Gun Rights
- Gun Policies
- Back ground check
- Penalties
- Mental health report
- Judicial Appeals for individuals who are prohibited to own or use guns
- Criminal background check
- Prohibition against ammunition magazines
As part of the policy, there should be a universal background checks before the transfer of firearms can take place between the buyer and the seller, including private transfers. However, the policy admits of several exceptions: 1.) new mental health reporting; 2) judicial appeals process for those who have been denied to use or acquire possessing firearms.
In order to be able to recover the cost of doing an instant criminal background check, at the same time a charge for the expenses incurred during the background check shall have to be conducted for the establish the fees and use of revenue from guns. At the same time, the sale, transfer, or possession of heavy volume ammunition magazines cannot be sold unless it showed identification markings.
Annotated Bibliography:
- Cole, George F., Smith, Christopher E. and DeJong, Christina. The American System of
Criminal Justice. California: Cengage Learning, 2012. Print.
The books supports the act of the President Obama in pushing for stricter gun control policies is for the promotion of public interest, public safety and national security. Therefore, Congress should enact laws that will set the limits on gun control in order to save the people from lawlessness and violence committed by some people who may be suffering from mental health problems. The violent occurrences in society are theory is based on the “Social Disorganization Theory” which means that there are some disorganized communities with increasing crime rates due to breakdown of informal social controls and rise of criminal cultures (Cole, Smith and Dejong 312). The authors claim that the creation of these gun policies lies on the hands of Congress to resolve critical issues. However, not all are happy with the steps taken by Obama, particularly, the National Rifle Association, which has been recognized as the top pro-gun lobby group which intends to demolish the plan of Obama because they consider such measure as an infringement on the property rights guaranteed by the U.S. Constitution.
2.) Kopel, D. B. (1995). The Ideology of Gun Ownership and Gun Control in the U.S. Quarterly Journal of Ideology, 18, p.3-34.
In the article of Kopel, he explained that in United States, serious discussion of gun control must take on two core approaches namely: the criminological and the legal aspect. Although there have been several gun controls policies in place to reduce gun crimes and other gun misuse, the question lies on the gun control laws that prevent the innocent victims an opportunity for self-defense. The legal scholars of gun control argued that the right to arms as established in the federal constitution and in other constitutions that implement legal barriers to restrict the use of guns and its confiscation. The author provides criminological and legal approaches to evaluate guns realistically, in the sense that both the benefits and harms of gun possession have been explained. The gun in America has a deep connection with realism, to actual physical characteristics. The author explained that the actual physical characteristics of firearms and their use are essential to be able to comprehend the role of the guns in America and the significance of gun control. There are ways why guns and gun control became significant symbols the U.S. since American society regards the gun owners the affirmation of individualism and equality. However, the use of gun by its owners should always abide to the rule of law. Despite the scientific quality of the medical research, the author had pointed out that such article failed to analyze the ideological issues involving gun control debate and to control advocates and opponents alike to be responsible owners of guns. This will reflect a sense of compromise that shall final settle the American gun control in the community.
- Mason, Jeff and Roberta Rampton (2013). “Obama turns to police officers in gun control fight”. Reuters.com. Web. February 26, 2013.
http://www.reuters.com/article/2013/01/28/us-obama-guns-idUSBRE90Q0BA20130128.
In the article of Mason and Rampton, Obama proposed for stricter gun control policy that should be implemented to prevent senseless killing and violence in society (Reuters.com). He reinforced his objective to make gun control as one of his primary goals this year. Based on the recent reports of violence resulting to the death of innocent children inside the school premises has ignited the desire of the U.S. President to put an end to lawlessness and violence. The targets of these gun control policies shall include ban on assault weapons and to conduct a universal background investigation on all gun purchases made in all the states. Obama reinforced political support to ensure a stricter gun control campaign following the death of 20 children and six adults in a shootout in December in Newton, Connecticut by a disturbed gunman (Reuters.com).
Obama stated further that it is not enough that a gun control policy has been created to address these issues, but rather, there should be law enforcement team that shall see to it that the gun control policies are strictly carried out. It is not enough that more police officers are hired to ensure compliance with the gun policies. But rather, Obama said that the government should see to it that these law enforcement agents must undergo the appropriate training to ensure that similar violent incidents are avoided in the future. The President expressed his desire to prohibit the use of military-style assault guns and rifles, and at the same time, every gun buyer will undergo an extensive background checking (Reuters.com).
- National Youth Journal “Why Gun Control Can't Eliminate Gun Violence”. Web.
Retrieved on October 24, 2013, from
http://www.nationaljournal.com/domesticpolicy/why-gun-control-can-t-eliminate-gun-violence-20130918.
This article explains the importance of gun control policies as promoted by gun-control advocates to prevent shooting rampage in schools and public places. It recommends the banning of personal ownership of guns in order to prevent spree shooting to take place. It is recommended that gun-control movement. Some of the changes in the policy extend to background checks, assault weapons ban, providing a limitation on the use of high-capacity guns and ammunition. The article explains that preventing gun violence is challenging because most criminals have their way to access guns in the black market, gun shows and online stores. It is imperative to do background checks during gun shows to prevent criminals from buying guns.
5.) Ludwig, J. and Cook, P.J. (2003). Evaluating Gun Policy: Effects on Crime and Violence.
The Washington: Brookings Institute.
In the book of Ludwig and Cook, based on the reports in the U.S., it has a high percentage of gun ownership and murder in the U.S. Although gun ownership does not have much effect on the overall crime rate, the use of guns makes the crimes more lethal and has the ability to terrorize the public. Guns are often associated with an individual who takes the law into his own hands and became a principle of the American legal system. The author pointed out the benefits of guns in the legal sense for self-defense does not qualify to taking the law into one’s. But rather, it is the use of deadly force or the threat that needs protection to any violent felony as applied in all states in the U.S.
6. ) Nell, M. (2012). “First Suits Filed re Shooting Spree During Batman Movie Blame Colo. Theater for Lax Security”. Aba Journal.com. Web. October 24, 2013, Retrieved from,. http://www.abajournal.com/news/article/first_suits_filed_re_shooting_spree_during_batman_movie_blame_colo._theater/
In this article, the police chief of Newton, Connecticut, Michael Kehoe was present during the meeting including the police chief from Aurora, Colorado. In the a similar violent occurrence in the Colorado were there were 12 people who died and 59 people were badly injured after a mass shooting occurred in a movie theater while watching the Batman film. Another counterpart from Oak Creek, Wisconsin was also present during the meeting after the state suffered the death of six people, while other four of them were severely injured in a shooting incident at a Sikh temple which occurred sometime August of last year. All these violent occurrences had a common denominator since the perpetrators carried guns in order to accomplish the crimes. The article recommends for the U.S. President to strengthen the policies on gun control, it was highlighted that the issue on gun violence does not on cover mass shooting incidents, but shall extend to other criminal incidents using guns.
8.) Reis, P. and Vasilogambros, M. (2013). Gun Control Failed in Congress. It’s Happening
Anyway. National Journal.com. Web. October 24, 2013. Retrieved from
http://www.nationaljournal.com/whitehouse/gun-control-failed-in-congress-it-s-happening-anyway-20130917.
The journal requires that all actions is not sufficient to resolve epidemic of gun violence, Obama has to option to protect more of our communities. Thus, it shall be the duty of Congress, and administration to enact the gun policies to block the powerful gun lobby. Congress must improve the efficiency of the law to lessen administrative weaknesses which prevent the enforcement of existing gun laws. Further, there is only one loophole that will not require background checks if the hand-carried weapons had been duly registered under a trust or corporation. Therefore, the administration argues, felons, or domestic abusers can be prohibited if legitimate corporations obtaining firearms. This has prompted the White House to give out new version of the new rules, which would then be subject to public comment and sent back again as for the final rule.
9.) Spitzer, R.J. (2009). Gun Control: A Documentary and Reference Guide. Westport CT:
Greenwood Press.
In the book of Spitzer, he pointed out that the fixation of guns seems to be, for many people, who are interested by a gun, there are more major causes of American violence, including its dying cities, inequality and deterioration of family. However, the structure, and the broad economic and social consequences violence demanded that the government issue an new guidelines to prevent senseless violence to happen in society. The author stated that such controls will result to symbolic fruits in the end by making a statement promote non-violence. The chaotic and dangerous world demands that gun laws should be enacted and the condemnation on the part of the gun control opponents or gun users in to follow the law.
10). Webster, D. and Vernick, J.S. (2013). Reducing Gun Violence in America: Informing Policy
with Evidence and Analysis. Maryland: John Hopkins University.
In the book of Webster and Vernick (2013), it had presented the senseless crimes in Sandy Hook Elementary school massacre as the best example why gun policies should be in place. The author considered mass violence as the greatest form of violence. It was highlighted that it was during the term of Barack Obama for the second time that the average number of deaths caused by guns is 33 persons a year on the average. The author recommends that buying of guns should be strictly monitored since there is no background evaluation for the gun buyers, to ensure that gun violence is reduced in the country and the world.
References
Cole, George F., Smith, Christopher E. and DeJong, Christina. The American System of
Criminal Justice. California: Cengage Learning, 2012. Print.
Kopel, D. B. (1995). The Ideology of Gun Ownership and Gun Control in the U.S. Quarterly
Ludwig, J. and Cook, P.J. (2003). Evaluating Gun Policy: Effects on Crime and Violence. The
Washington: Brookings Institute.
Mason, J. and Rampton, R. (2013). “Obama turns to police officers in gun control fight”.
Reuters.com. Web. February 26, 2013.
http://www.reuters.com/article/2013/01/28/us-obama-guns-idUSBRE90Q0BA20130128.
National Youth Journal “Why Gun Control Can't Eliminate Gun Violence”. Web.
Retrieved on October 24, 2013, from
http://www.nationaljournal.com/domesticpolicy/why-gun-control-can-t-eliminate-gun-violence-20130918.
Nell, M. (2012). “First Suits Filed re Shooting Spree During Batman Movie Blame Colo. Theater for Lax Security”. Aba Journal.com. Web. October 24, 2013, Retrieved from, http://www.abajournal.com/news/article/first_suits_filed_re_shooting_spree_during_batman_movie_blame_colo._theater/
Reis, P. and Vasilogambros, M. (2013). Gun Control Failed in Congress. It’s Happening
Anyway. National Journal.com. Web. October 24, 2013. Retrieved from
http://www.nationaljournal.com/whitehouse/gun-control-failed-in-congress-it-s-happening-anyway-20130917.
Spitzer, R.J. (2009). Gun Control: A Documentary and Reference Guide. Westport CT:
Greenwood Press.
Webster, D. and Vernick, J.S. (2013). Reducing Gun Violence in America: Informing Policy
with Evidence and Analysis. Maryland: John Hopkins University.
