Law Blog

Red Team vs. Blue Team: Gun Control

Today’s article is a special two for one: two of our writers debate the merits of gun control. Who do you think makes the most convincing argument?

Current State of Gun Control Legislation Requires More Gun Control

By Pearl Rimon

Random acts of gun violence have been a prominent leading story in U.S. headlines for decades. Last month, a gunman killed two people and injured nine others in a Louisiana movie theatre and a gunman fatally shot nine people in a church in Charleston, both purchased their guns legally; this occurred the same month James Holmes was convicted on twenty-four counts of first-degree murder for a shooting in Aurora, Colorado. These horrific events trigger debates about the current state of gun control laws in our country.

Mass killings have been on the rise in America even though gun ownership is declining overall. However, the support for gun rights in America remains resolute. The tragic shootings of churches, elementary schools, and movie theatres are not enough to motivate lawmakers to enact stricter gun control laws. In research conducted by Mother Jones tracking mass shootings since 1982, a majority of the shooters had obtained their guns legally. 

The region with the highest percentage of guns in a household is unsurprisingly the South. States with stricter gun control laws have fewer gun related deaths, but this statistic nor the recent mass shooting tragedies have motivated legislators to enact new laws. Shockingly, after the Newtown Massacre, the Pew Research Center found that Americans showed more support for gun rights than gun control.

Congress has not passed new gun control laws since the 1993 Brady Bill and the now expired 1994 Federal Assault Weapons Ban. In the aftermath of the Sandy Hook shooting, Congress failed to pass background check legislation. There has not been significant gun control reform since then.

Gun Control Laws

There are federal and state gun regulations in place that try and curb gun violence. However the number of gun deaths in the U.S. compared to other countries that do not have the Second Amendment right to bear arms makes it clear that these gun control laws are not as effective as they could be. For instance, according to 2013 statistics, Brazil has almost the same homicide rate as Washington D.C.

Seattle and Cook County, IL have taken the typical federal and state laws a step further and have imposed a $25 tax on guns and a 5-cent tax on bullets sold within the city limits. This new law is referred to as a “gun violence tax” since proceeds will be used for prevention and research programs to reduce violence. Chicago has banned possession of certain semi-automatic firearms defined as assault weapons and magazines that hold more than 15 rounds of ammunition. Previously, Chicago prohibited the sale of firearms within city limits but it has since been overturned for being unconstitutional.

Federal law requires background checks for all gun sales by federally licensed gun dealers; this is one of the provisions part of the Brady Bill. However, this does not prevent sales between private individuals and sales at gun shows from being conducted complying with federal law. Since 1998, 202 million background checks have been conducted with only 0.5% of purchases were blocked, the most common reason being prior felony convictions.

Recently, three Senate Democrats (Chuck Schumer-NY, Murphy and Blumenthal-CT) are attempting to impose gun control change by appealing to retailers of guns due to the failure in advancing legislation. A loophole in federal law allows firearm transactions to proceed if a background check is not completed within three days, the Senators are asking retailers to require completion of background checks to close the loophole. This loophole has proven to be deadly, since it is how Dylan Roof, the shooter of the Emanuel African Methodist Episcopal Church in Charleston, procured the gun he used.

The “gun culture” in this country obviously stems from the Second Amendment. The U.S. has the highest rate of gun ownership in the world, as well as the highest rate of homicides among advanced countries. According to studies there are 88 guns for every 100 people. Following the Charleston church shooting, President Obama stated “At some point, we as a country will have to reckon with the fact that this type of mass violence does not happen in other advanced countries,” he said. “It doesn’t happen in other places with this kind of frequency. And it is in our power to do something about it. I say that recognizing the politics in this town foreclose a lot of those avenues right now.”

“The only thing that stops a bad guy with a gun is a good guy with a gun,” said Wayne LaPierre, NRA’s executive vice president. Apparently, the American public agreed with LaPierre following the tragic events of Newtown. However, the dangers of untrained people shooting guns seems like it would lead to a larger body count. The focus should not be on arming more people with guns, due to the likelihood of accidental shootings and injuries. Instead, the focus should be on enacting stricter gun control laws and closing any existing loopholes in background checks.


Reforming Mental Health, Not Guns, Will Prevent Mass Violence

By Jason Cheung

Gun control proponents often criticize the Second Amendment as the reason for mass shootings in America. However, if we expand “mass shootings” to “mass violence,” America is actually not different from the rest of the world in large scale acts of violence. Therefore, the solution to mass violence lies not in restricting the type of weaponry used by the killers, but in addressing the underlying psychological issues the killers have in common.

On the same day the Sandy Hook Massacre took place, another mass killing occurred across the Pacific Ocean. In Chenpeng Village, China, a 36 year old man stabbed 23 children and 1 elderly woman. Private gun ownership is almost completely illegal in China, so the Chenpeng attacker used a knife instead. The Chenpeng stabbings were not an isolated incident. In China, there have been at least 11 mass stabbings from 2010 – 2014. In contrast, there have been at least 14 mass shootings in the United States during the same years. The numbers are not greatly different. President Obama was wrong in claiming that mass violence is unique to America. These incidents show that mass violence is a problem shared by many nations. 

Gun control proponents might argue that a stabbing is safer than a shooting. It’s true that a gun can kill people faster than a knife, but knifes can be just as fatal as guns. The fact that dozens of people have died in some of China’s mass stabbings indicate that a man with a knife in the right location can be as dangerous as a gunman. Guns are loud and can alert other potential victims to the attacker’s presence. In contrast, knifes are silent and thus the attacker can stab more people before anyone has time to flee. Although it takes more skill to use a knife, the need for skill is not as great if an attacker can simply board a crowded train or walk into a classroom.

It is also incorrect to assume that “gun culture in this country obviously stems from the Second Amendment.” The U.S. began in a rural environment with plenty of game and numerous Native America efforts to recover their land. Until the 20th century, Americans constantly expanded westward, and often relied on guns for hunting and protection. The rural environment made guns a necessity. The urban environment of America in the modern and contemporary era makes guns less attractive.

Our history and geography explains why gun ownership is declining – most of the population now resides in urban cities on the coasts. People who live in urban environments have less incentive to own a gun and urban governments are more likely to pass gun control laws. However, many parts of the South are still a rural environment, where hunting is prevalent and spread out residential areas require more self-defense. The Second Amendment is not the cause, but an effect of gun culture.

Mental Health Reform

It is important to recognize the role the Second Amendment plays in our culture. If the Second Amendment is a byproduct and not a cause, then reinterpreting the Second Amendment to allow for greater restriction of guns would not stop the violence. China has outlawed private gun ownership, but mass violence still exists in that country.

However, there is a factor that mass shootings in America and mass stabbings in China have in common. The attackers are typically men in their twenties or thirties from low economic backgrounds and/or have mental issues. Many of the recent cases of violence involve ethnic tensions. Charleston was an attack against a black church and China’s most deadly mass stabbing in 2014 involved Muslim extremists from its western provinces.

Ms. Rimon points to Brazil as an example of a less violent nation, with 2013 statistics on Brazil showing a homicidal rate equivalent to that of America’s capital. Brazil has some forms of gun control, including gun registration, a minimum gun ownership age of 25, and a ban on gun carrying outside the residence. On the other hand, Brazil has the second largest arms industry in the Western Hemisphere, guns are often smuggled back into Brazil, and its voters’ rejected a 2005 proposal to ban civilian gun ownership. Brazil is not as extreme as either the U.S. or China in its gun control or gun rights, so Brazil’s statistics can hardly be attributed to its gun policies.

What Brazil does have that China and the United States does not, is that Brazil reformed and expanded its mental health services in the 1990s. In contrast, the United States and China have allowed their mental health services to wither. The United States has cut mental health budgets, most of the remaining budget is spent on ineffective medication, and any available treatment is usually too expensive for the men most likely to go on a rampage. Obamacare’s mental health mandate may do more to prevent mass shootings than any gun control measure passed. Instead of gun control, the focus should be on reforming our mental health services and providing greater care to those who most need it.