Do you believe Americans have the right to protect themselves and their property?

About 80 million Americans, representing half of U.S. homes, own more than 223 million guns (White, 2009). The Second Amendment states that 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. Gun ownership is a right that comes with great responsibility. Guns are blamed for high murder rates and violent crimes. Even though some crimes do involve guns, the Second Amendment protects our rights to own guns while background checks regulate the sales of them. The Second Amendment is interpreted differently by gun rights and gun control advocates. Gun rights advocates argue that the Second Amendment protects their individual rights. Gun rights advocates interpret the second part of the second amendment to gun-rights as individuals having the right to protect themselves. The U.S. Supreme Court heard oral arguments in District of Columbia v. Heller, a case challenging handgun-control statutes adopted in 1976 in Washington, D.C. The question before the Court is whether the District's prohibition of further registration of handguns, its ban on the carrying of concealed guns, and its mandate that guns kept in homes remain unloaded and either locked or disassembled violate citizens' rights that are guaranteed by the Second Amendment of the Constitution (Tushnet, 2009). The Supreme Court agreed with gun rights advocates determining that the Second Amendment guarantees individual right to own guns. Gun control advocates believe the Second Amendment does not protect an individuals right to own guns. According to Tushnet (2009), gun-control advocates point out that when the term "militia" is used elsewhere in the Constitution, it always refers to the state-organized militia. Therefore, they argue that the term militia refers to state organized and in other parts of the Constitution when the term is, gun control advocates believe it means state-organized not

individual. Gun control advocates claim the right to bear arms is reserved for military personnel only. As the Second Amendment protects an individuals right to own a gun, there are also some pre-requisites in place before an individual can possess a firearm. An individual must be 21 years or older to purchase a handgun. An individual must present a valid state issued driver's license or identification card. Expired identification is not accepted. Finally, an individual must successfully pass the National Instant Criminal Background Check System. Background checks help to regulate ownership to responsible members of society. The Federal government has policies in place that have pre-requisites in place before someone is able to purchase a firearm. The National Instant Criminal Background Check System (NCIS) was established in 1998. The National Instant Criminal Background Check System (NICS) determines if an individual is qualified to purchase firearms. There are people excluded from purchasing guns. People convicted of certain state or federal crimes, mentally unreliable or dishonorably discharged military will be forbidden to by firearms in any state. More than 100 million such checks have been made in the last decade, leading to more than 700,000 denials (www.fbi.gov/about-us/cjis/nics). Like the federal government, state governments also have policies background policies for eligibility of firearms. Policies vary according to the state an individual resides in. Certain states have mandatory waiting periods mandatory waiting periods. Laws imposing waiting periods require that a specified number of days elapse between the time a firearm is purchased and it is physically transferred to the purchaser (LCAV, 2008, p 134). Most states also require instant background checks to be run before approving the sale of firearms.

According to Lott (2011), it was assumed that homicides and brutal crimes would increase because the Supreme Court ruled against firearms regulations in Chicago and Washington D.C. Many Americans believe most violent crimes are committed with firearms. Statistics show that crimes involving firearms have decreased. In the article, Gun crime continues to decrease, despite increase in gun sales (2011), firearms murders decreased 14% in 2010. According to Lott (2022), in 2008, robberies involving guns fell 25% and assaults 37%. Crime rates involving firearms have also decreased due to tougher restrictions on both sellers and purchasers. Before guns can be sold, a dealer must obtain a Federal Firearms License. Background checks and waiting periods have made it more difficult to obtain firearms. The waiting period provides law enforcement adequate time to complete the background check. The waiting period also helps deter any spontaneous acts of violence by requiring a time delay before the purchase is finalized. According to Schneider (2009), since 1990 advocates supporting firearms regulations has gradually decreased over the past seventeen years down to around 50% in 2007. The Second Amendment grants individuals the right to own firearms. Gun rights advocates believe in an individuals right to possess firearms. Gun control advocates disagree. They believe only organized militia should be granted that right. Our government has put policies in place to regulated ownership rights. Background checks and waiting periods ensure that owners are screened before a purchase is finalized. The Supreme Court ruled against gun control laws and mass chaos did not occur. Crime rates involving firearms actually decreased. Ownership is sanctioned to us under the Second Amendment. Lets protect that right.

References Ciaramella, C.J. (September 28, 2011). Gun crime continues to decrease, despite increase in gun sales. The Daily Caller. Retrieved February 14, 2012 from: http://dailycaller.com/2011/09/28/gun-crime-continues-to-decrease-despiteincrease-in-gun-ownership/#ixzz1oRoNjlmA

Lott, John (September 30, 2011). Media Silence Is Deafening About Important Gun News. Retrieved February 1, 2012, from http://www.foxnews.com/opinion/2011/09/30/media-silence-is-deafening-aboutimportant-gun-news/#ixzz1lM0w5DmQn.

LCAVs February 2008 Edition of Regulating Gunsin America: An Evaluation and Comparative Analysis of Federal, State and Selected Local Gun Laws (p134-138).

National Instant Criminal Background Check System. Retrieved February 15, 2012 from: http://www.fbi.gov/about-us/cjis/nics

Schneider, William. More Ammunition For Gun Advocates. National Journal (2009). Gale Opposing Viewpoints In Context. Web. 3 Feb. 2012.

Tushnet, Mark (April 3, 2008). Interpreting the Right to Bear Arms Gun Regulation and Constitutional Law.

White, Debra. Pros & Cons of Gun Ownership & Use Laws for Individuals. Retrieved February 3, 2012, from http://usliberals.about.com.