Impacts of Federalism on Gun Control

Impacts of Federalism on Gun Control

Franco Villanueva

POL 303: The American Constitution

Prof.  Jean Gabriel Jolivet

July 3, 2017

Introduction

The citizens of this country have been privileged to enjoy many freedoms and liberties that are guaranteed under the Constitution and its many amendments. Even though all rights, liberties and amendments are important in their respective ways, some of these amendments tend to be of increased importance. One of those amendments is the 2nd amendment, which protects the right to keep and bear arms.

Positive Impact

There has been many positive impacts of federalism on gun control, however, at this point I will only be discussing one of those impacts, background checks. But what roles do background checks play in gun control? Gun control advocates will argue that gun control laws, backed up with federal involvement, provides the following: aids in regulating the types of firearms available for purchasing, defines the qualifications for obtainment of firearms and restricts the usage of these firearms. In theory, having less available firearms in the hands of less qualified holders means more crimes. The goal with gun control is to fight that assumption (Moorhouse, 2006).

Another important point regarding background checks, according to Webster (2014) is that unlike the past, in which the banning of weapons was the primary focus of gun control laws, the focus has now shifted towards "universal background checks," trying to ensure firearms won't fall into the hands of criminals. One way this process can be achieved is not by rewriting current laws, but instead expanding this process to whomever is involved in the firearm-selling business, both selling agents (to include online sellers) and buyers (Eby, 2014).  If one of the main goals of gun control was to reduce violent crimes, recent studies have shown that background checks do have significant impacts on gun violence, as evidenced by a 1995 Connecticut study that showed a 40 and 15 percent decline in overall gun homicides and suicides.      

Negative impact

Just as with the positive sides of gun control, many negative impacts also exist due to the Federal government’s involvement in gun control. One of those impacts has led to the rise in black-market sales. Gun advocates will argue that by broadening and/or enforcing stricter background check procedures, the right to keep and bear arms under the 2nd amendment are and will continue to be violated. A misconception exists that most guns that end up in the wrong hands, end up there because they have been stolen by criminals, but according to the Bureau of Alcohol, Tobacco and Firearms (ATF) (Noyes, n.d), "Stolen guns account for only about 10% to 15% of guns used in crimes," this was according to ATF Agent Watchel (as quoted in Noyes, n.d. para. #1).

There are, in fact, a number of sources that permit firearms into falling in the wrong hands, with gun thefts being at the bottom of those sources. A preferred and continuously used method by criminals is the Straw purchase method. Straw purchasing occurs when someone has a cohort buy it on their behalf. ATF studies have shown countless straw purchases being conducted in an open manner where two individuals would walk into a gun store, one selects the firearm, and the cohort uses the proper identification for the purchase (Noyes, n.d.). Another major source for improper firearms sales is that thru certified but corrupt at-home and commercial gun dealers. This method has indeed become the biggest source for crime guns and significantly surpasses that of legal gun sales (Blocher, 2016).  

Evaluation

        The examination of Federalism’s impact on gun control, has been a debated topic dating back to this country’s origin. Even though the 2nd amendment guarantees the right to keep and bear arms, does that mean that everyone should be able to get access to and possess weapons? Recent events have proven that the current method for obtaining firearms, with its many checks-induce processes, simply, are not working. Recent polls have indicated that as much as 58% of Americans want stricter gun-control laws, while 55% indicated interest in banning all assault weapons (semi-automatic rifles). But how can this law be made any stricter or ratified to ensure proper implementation of changes? Gun lobbyist would argue that further changes to existing laws would continue violating already violated rights (Kiger, 2013).

        Perhaps the greatest problem that will arise out of any proposed changes will be the increase in black-market or improper gun sales. There are various activities associated with gun sales, both nationally and internationally and one such activity is the illegal drug trade, and this activity has huge effects on gun sales. Unfortunately, the U.S. is one of the biggest illegal drugs consumer. Drugs constantly travel into this country, and the guns arming these traffickers travel outside the country (Eby, 2014). Nearly 70% of weapons confiscated from various crimes throughout our neighbor to the south, Mexico, have been traced back to the U.S. manufacturing plants or licensed selling organizations. The majority of traced American guns can be matched to selling locations alongside the many states that share the U.S. & Mexico border: California, Arizona, New Mexico and Texas. Even though gun sales are legal in every U.S. state, three out of the four previously named states have some of the most lax gun regulations in the country (Eby, 2014).