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Gun Control Laws:
What Gives Congress the Right? >Page 1,
2, 3
So, What Good is the 2nd Amendment
If the Supreme Court's opinion in U.S.
v. Miller limits the Second Amendment's scope and authority to laws
affecting the
states' ability to raise and equip militias, what good does the 2nd Amendment
do for the individual firearms owner? First, what are some federal gun control
laws that would not affect the states' ability to maintain public militias
and thus, could not be challenged under the Second Amendment.
- Registration of all firearms
- Licensing of all firearm owners
- Prohibiting private ownership certain
types of firearms
- Requiring "trigger
lock" devices
- Requiring gun buyer background checks at gun
shows
- Enhanced penalties for gun-related
crimes
Requirements for trigger locks, background checks at gun shows, and increased
penalties are all part of H.R.
1501 - The Violent and Repeat Juvenile Offender Accountability and
Rehabilitation Act of 1999, now being considered by a joint conference
committee of Congress. (See: House Agrees
to Push Gun Control Bill)
Blanket registration of firearms and licensing of owners are currently required
by Canadian gun control laws.
Now, what are some federal gun control laws that would affect he
states' ability to maintain public militias and thus, could be challenged
under the Second Amendment:
- Prohibiting private ownership of
firearms
- Requiring the mandatory surrender of all
privately held firearms
There are currently no such laws being considered in Congress, and as long as
the Second Amendment remains intact, there never will be. This is the good the
Second Amendment does for the individual firearms owner.
Further Note: Congress draws additional authority to enact gun control laws from
the "commerce clause" of Article
I, Section 8 of the Constitution granting Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the
Indian Tribes." Authority for most federal gun control laws is based on the
commerce clause.
Online Poll:
Should Congress enact laws requiring trigger locks and criminal background
checks at gun shows?
Want to Discuss Gun Control?
It is by far the hottest topic in
the Free Speech Forum. Here are just a few discussions you might want to read
and participate in:
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is There a Legal Right to Carry Guns?
"Why is that, we, in the 'civilized world,' are the only country in the
whole world that has allowed civilians the legal right to carry arms,
especially in a world of increasing madness and complexity? -- GOOSEY6, Sep.
16, 2000 -- This a no holds-barred, general discussion of gun control.
Only
Muskets?
Discussion of the relevance
of the 2nd Amendment to the modern USA.
More
Laws Are Not the Answer
Will more gun laws really help prevent tragic events like Columbine High?
Reference Resources
United States vs. Miller, 307 U.S. 174 (1939)
Complete text of the
Court's landmark decision relating to the scope and authority of the 2nd
Amendment.
National
Rifle Association - Legislation Updates
The leading gun owner advocacy group. Opposed to new gun control laws.
Handgun
Control and The Center to Prevent Handgun Violence
Organization working for stricter gun control laws.
Firearm
Injury Center
Objective data on firearm injuries in the US. Includes safety
data sheets, and a glossary
of handgun and handgun safety terminology.
Gun
Laws, Gun Control and Gun Rights
Covers the legal issues of gun control. From JURIST: The Law Professors'
Network.
Gun
Control vs. Gun Rights: The Issue
Report on the gun debate and campaign money, from the Center
for Responsive Politics.
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NRA:
LaPierrer's Words Could Backfire Again
If the NRA is hurt by
LaPierre's attack on President Clinton, it won't be the first time. Remember
the "jack booted thugs" in 1995?
Gun
Control Laws In Canada
Canadian gun laws are among the toughest in the world and statistics
indicate they are effective. Could laws like these be in the future of U.S. gun
owners? From your About.com Guide.
Canadian
Gun Law: Right for U.S.? (Discussion)
Join a discussion group on whether Canada's tough new gun laws would
work in the U.S.
[Online
Opinion Poll]
Guns
and Gun Control Legislation
Track the progress of H.R. 1501 and other gun control bills here. From your
About.com Guide.
The
Brady Handgun Violence Prevention Act
Complete text of the Brady Bill.
Brady Act Background Checks:
The
First Seven Months
Usually in under 2 minutes, a gun dealer can check a buyer for a criminal
history as required by the Brady Act. What are the potential results and how
well has the system been working? From your About.com Guide
Gun Show
Rules & Laws
The current rules of selling guns at a gun show as posted at an actual major
show. From your About.com Guide.
Gun Control
Web Resources
A collection of links to US gun control laws and related resources from your
About.com Guide.
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From other About.com Guide Sites |
The
Right to Own a Gun
Why should personal firearms be less regulated than automobiles, asks Liberal
Politics Guide Karen O'Brien
Sneaky
gun control
Civil Liberties Guide J.D.
Tuccille reports on how the Smith & Wesson settlement might hurt gun
owners, but really threatens the political process.
The
NRA Pimp-Slaps Bubba
Civil Liberties Gudie J.D. Tuccille says it was President Clinton who
attacked the NRA on Sunday.
Little
Kids Waving Guns
Did you hear the story of the five-year old who waved a loaded gun around, but
didn't shoot anybody? Crime Guide Bill Bickel didn't think you had.
Canadian
gun control challenged in Supreme Court
Canada's gun control law faces a Supreme Court challenge from gun control
opponents. From Canada Online Guide Susan Munroe.
Targeting
Guns
President Clinton proposes new gun legislation, from your About.com Guide to
Broadcast News Tim Hosfeldt.
Liberal
Views on Gun Control
How the political left views the gun control issue. From About.com Guide Karen
O'Brien.
Gun
Rights: Advocacy and Commentary
The very best in links about advocacy and commentary on gun rights, from your
About.com Guide to Civil Liberties J.D. Tuccille.
Guns
& Gun Crimes
Related links from one of the most interesting sites on the Web, Guide Bill
Bickel's Crime and Punishment.
Kids
and Guns - Kids' Exchange
Do you have a gun in our home? Do you feel safer or less safe? Kids and Guns
from your About.com Guide
Election
2000 Resources
Information on candidates, parties, dates, issues and organizations, from your
About.com Guide.
US Government
Job Openings
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Huge Index of
Government Web Sites
One of the largest lists of agencies, bureaus and offices on the Web.
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Recent News and Features
The latest news and features on US Government Info/Resources.
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