Calvin Simon
Professor Deeley
English 0802
13 March 2018
The Fine Line between Self-Defense and Deadly Force
Introduction
Attention Getter
For the first time since a gunman turned Marjory Stoneman Douglas High School into a scene of carnage, students had their first full day of class Wednesday. It’s been three weeks since they lost 17 classmates and teachers. In that time, grieving students launched a nationwide movement that could spur new gun laws. Ever since, gun control legislation gained traction in the state legislature and hard regulation could be set for the first time since the ratification of the second amendment.
Information:
Like most Americans know, Parkland is not the first of its kind with fifty mass shootings in schools since Columbine. Aside of that, there have been 1,624 mass shootings in the past 1,870 days. In essence, that means there are nine shootings for every ten days on average. Staggering statistics like this calls for more action than ever before. With traction set on the topic of gun control, the bigger question forms: where is the fine line between self-defense and deadly force?
Both sides of the spectrum calls for some form of action whether it involves the gun or not, however, due to dispute regarding the constitutionality of regulation, lobbying of the National Rifle Association (NRA), and the lasting fear of government, we lack basic restrictions needed to create a more safe environment for the people.
Thesis:
The United States should impose federal laws regarding gun policies for the following: increased background checks, mental examinations, exams for use and studies of implicit bias, limits of the type of firearm accessible to the people as well as ammunition, training for gun use every five years.
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Increased Background Checks: Paragraph #1
Topic Sentence:
Perhaps the most significant federal effort toward gun control was the passage of the Brady Handgun Violence Prevention Act, signed into law on November 30, 1993, which mandated background checks and a waiting period on individuals who attempted to purchase firearms (Anon, 1993). Prior to this only 18 states already had an existing mechanism of background checks before a firearm purchase was in place (General Accounting Office, 1996). The permanent provisions of the legislation led the U.S. Attorney General to create the National Instant Criminal Background Check System (NICS) (Federal Bureau of Investigation (FBI), 2009), a computerized system that combines records provided by local, state, and federal agencies, and helps determine eligibility of a prospective gun purchaser via a swift background check (Federal Bureau of Investigation (FBI), 2009). However, supply of records to the NICS is voluntary and pursuant to law in each state (Regional Justice Information Service, 2005) and there exists substantial variability in state laws on the different categories of prohibitory records that are included in the background checks — such as criminal history, restraining orders, mental illness, fugitive status and misdemeanors.
Information:
Despite the efforts made in some states, gun laws need to now be enforced more at a federal level. One of the main arguments against gun control is cities like Chicago, who are amongst the more strict in gun control also have the most total violence, should be an example that gun control is not effective. However, this statistic is flawed as there are other countermeasures opposing that law as gun control is not maintained at a federal level.
Citation:
Even if Chicago or Illinois had the toughest gun laws in the country, it borders two states, Wisconsin and Indiana, that have lax gun laws. A 2015 study from the University of Chicago demonstrated how permeable borders contribute to gun violence in Chicago. Researchers traced all new guns recovered from crimes between 2009 and 2013, and they found that 60 percent of the new guns used in gang-related crimes in the city, and nearly 32 percent of the new guns used in non-gang-related crimes, were purchased in other states.
Analysis:
Although Chicago has the highest count of gun violence, it is one of the lowest in gun rates per person. The information is skewed as urban areas that tend to have more gun control are also faced with a significant amount of people over states that hold low regulation. “This method can be used to make the opposite case that states with lax gun laws have more gun violence. For example, Alaska ranks 44th for its lenient gun-control policies, according to the Law Center. The state has the highest rate of gun deaths. Louisiana ranks 43rd for its lax policies, and it has the second-highest rate of gun deaths.”
Transition:
Our current status shows the trend that areas with more background checks tend to have lower rates of gun violence in comparison to areas without expanded background checks. The biased use of total counts of violence rather than factoring in the population sets that misunderstanding. Even states with the highest form of regulation in background checks still do not compete with standards set in other countries. As the nation with the highest rate of gun related violence, we are also among the lowest in regulation standards. Other countries, specifically Australia, has had their own share of gun violence and with regulation, they have not experienced a mass shooting since.
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Background Checks: Paragraph #2
Topic Sentence:
Gun violence in the United States is unusually high for a nation of such wealth.
Information:
Although there is little difference in the overall crime rates between the United States and other high- income countries, the homicide rate in the U.S. is seven times higher than the combined homicide rate of 22 other high-income countries. This is because the firearm homicide rate in the U.S. is twenty times greater than in these other high-income countries. The higher prevalence of gun ownership and much less restrictive gun laws are important reasons why violent crime in the U.S. is so much more lethal than in countries of similar income levels.
Citation:
In 1996, a man armed with two military-style semi-automatic rifles shot dead 35 people and wounded 18 others. The massacre was deemed the worst in Australian history. The very next month, a list of reforms were passed
Notable reforms include “First the ban on importation, ownership, sale, resale, transfer, possession, manufacture, or use of guns with the exceptions of low-powered .22s and pump-action shotguns for primary producers, next a compensatory "buyback" scheme funded through an increase in Medicare levy. Owners would be paid the market value, otherwise prohibited guns would be worthy of prosecution after the 12 month amnesty period. Third licensing scheme though National Exchange of Police Information (NEPI). Fourth minimum age of 18 and criteria for "fit and proper person" such as refusal of licenses to those convicted for violence or subject to domestic violence restraining order within the past five years. Gun safety training is required. 28 day waiting period for license. Storage requirements. Limits placed on quantity of ammunition”
Analysis:
Reforms such as these are unprecedented and still are the most strict gun laws of any other country in the world. Yet, these models have proven that in a similar culture of the United States, strong reform is possible in a anti-gun reform country such as Australia once was.
Transition:
We can not keep placing ourselves as an exception to every rule by ignoring the potential benefits earned by other countries of similar status. However, aside from gun policy itself, it is the countries responsibility to make sure that every gun owner is of a stable mental capacity through examinations for the safety of everyone.
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Mental Examinations: Paragraph #1
Topic Sentence: Gun’s have the capability of killing of a large number of people in a short time frame so it is under the responsibility of the government to ensure that a responsible user is in control of such a deadly weapon. We can no longer tolerate mental illness as an excuse for the killing of 17 students in Parkland. Understanding the value of mental capacity with gun ownership can prevent many future deadly shootings.
Information:
Nikolas Cruz, despite getting numerous tips to the FBI, local law enforcement, and the school was able to purchase a gun legally. In Florida, the only requirement is to be older than 18 years of age and to have no criminal background. However, if theoretically, Nikolas Cruz attempted to purchase a gun in a more regulated state, he would be denied access as mental illness is listed in his profile. Gun use is a valued right to Americans, yet it is only for those who own the capacity to restrain harm onto others.
Require a mental examination as a portion of the test
This examination should be required after a certain number of years
Citation:
“Clearly an individual who suffers from an illness on psychotic proportions can be a danger to both himself and to the community if he is in possession of firearms. It is interesting to note that state mental hospital patients often cannot drive automobiles while they are inpatients and may not drive if they are on certain amounts of medication as outpatients. However, no restriction is placed on them with respect to possession of weapons.”
Analysis:
Refer to citation, poor impulse control and history of drug addiction should be included too (as now alcohol and drug are considered within the medical domain over criminal).
Transition:
Aside from being mentally in control to handle a weapon, owners should be subject to being in control of their implicit biases.
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Implicit Bias: Paragraph #1
Topic Sentence:
Aside from mental examinations, an important quality all gun users should have is an acceptable level of implicit biases.
Information:
Everyone has implicit biases. However, this is to prevent possible hate crimes against other races, the police, other sexualities, or any other differences. Providing a required course to educate those who are implicitly bias in order for them to learn and eventually pass should also be readily available.
Citation:
Any sort of hate crimes like the shooting of the gay bar
As of late, white supremacist attitudes appear to be more publicly expressed. Hate crimes in nine major US cities — from desecrations of Jewish synagogues to attacks on Muslims — rose an average of more than 20% in 2016, a rise that the Center for the Study of Hate and Extremism
Analysis:
Aside from the evidence of mental illness, the Parkland shooter was a known bigot with transcripts recording “I hate jews, ni**ers, and immigrants.” his bigotry reflects a kind of hate that is pervasive in our society, and to degrees, in all of us. When it comes to hate and violence, we need to hold perpetrators accountable while simultaneously examining the climate and context that creates them — and look at whatever it is that we, as a society, can do to prevent future atrocities. Just as we need to stop treating each mass shooting as an isolated incident and finally do something about the pro-gun policies and culture that enable such incidents, we need to understand the hate expressed by shooters is also connected to — and fueled by — a broader context. And when we realize how these incidents and mindsets are connected, we can begin to address the habits of violence and hate that we, unconsciously or consciously, perpetuate, too. Proof of programs to reduce implicit bias should be required to
Transition:
The police should partake in the same to limit scares in the government
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Implicit Bias: Paragraph #2
Topic Sentence:
The origin of the amendment dates back to Colonial America when the nation was fresh out of tyrannical rule and trust in the government was reasonably low. These laws were implemented to also act as defense against a government that might do harm as well.
Information:
In today’s era, the biggest conflict between people and government is through the police. Just as every gun owner should be required to take an exam, so should the police themselves. Everyone has some form of implicit bias, so they should be required to take the exam to lessen the threat of conflict, especially in urban areas. On top of everything, they should be required to be enlisted to programs to have a better understanding of the effects of their actions on the community.
Citation:
(introduce figuroso article)
Cease Fire strategy, which recognizes that a very small number of people are responsible for shootings and homicide-and they themselves are often the targets of violence. These people can be identified and communicated with in a direct and respectful way. The communications to them explain the risks of continued participation in violence and offer services available to them. It is made clear that the community and law enforcement want something different for them: for them to be alive and free. But this is not a Pollyannaish approach, for it also makes clear that violence cannot be tolerated. Those who continue to make their communities unsafe will face enforcement action and prosecution.
Analysis:
Given the importance of trust to public safety-and the ongoing coverage of negative, often tragic encounters between police and community members-I strongly believe law enforcement leaders must openly advocate and implement strategic policy and enforcement strategies to focus on increasing trust and lowering crime at the same time
Transition
There is no one answer to solve the gun crisis in America, however we can use a variety of methods to limit it. Other nations have focused efforts on labeling weapons as uses for self-defense or for military use as well as determining the proper limit for ammo.
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Gun Training and Examination: Paragraph #1
Topic Sentence: The purpose of regulation is to ensure that every gun owner is responsible enough to carry a weapon capable of mass violence. The most basic form of this is through gun safety training.
Information:
Gun Safety Training- education such as a permit to test whether every user knows the basic laws surrounding guns as well as simple demonstrations to test capability at a gun range.
Every new owner should be provided with a safe to house the gun. This is to prevent kids from taking them (lower suicide rates).
Cannot check homes but in the event of a shooting from a child, the house can be searched through the use of a warrant to see if there was a safe and if not, the family can be held to a more minor sentence of the crime
Citation: We examined the impact of 3 state laws (permit to purchase a handgun, registration of handguns, license to own a handgun) on suicide rates. Results largely indicated that states with any of these laws in place exhibited lower overall suicide rates and suicide by firearms rates and that a smaller proportion of suicides in such states resulted from firearms. Furthermore, results indicated that laws requiring registration and license had significant indirect effects through the proportion of suicides resulting from firearms.
Analysis/Transition:
The latter results imply that such laws are associated with fewer suicide attempts overall, a tendency for those who attempt to use less-lethal means, or both. Exploratory longitudinal analyses indicated a decrease in overall suicide rates immediately following implementation of laws requiring a license to own a handgun.
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Counterargument:
Topic Sentence: Before addressing the needs for gun control, we need to consider the following questions, Would stricter gun control laws infringe upon people's right to own guns? Are current gun control laws enforceable? Are gun manufacturers doing all they should to manufacture safe weapons? Are we taking away guns from the good people?
Information: The area between evolving laws according to current needs and taking away human rights is grey due to the long history of gun rights in the United States. However, a common basis of an argument for the far right is saying that car-related deaths are far more than gun-related, so in that case we should take away cars. As much as that argument is valid in terms of total death count, it neglects the past history of road laws.
Citation: with cars— as cars grew more advanced with increased speed, we naturally implemented safety policies regarding age limit, seat belts and insurance, lowered speed limits, cracked down on drunk driving, and now 17,000 lives have been saved per year.
Analysis: It is undeniable that injuries and death related to cars are high, yet it's important to note the progress made in this sector. Furthermore, its more notable to address the potential benefits of revising gun laws as well.
Transition: Although reform would dramatically change the culture of the United States, it is a necessary change to promote the general safety in the form of harming others or one-self.
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Closing
Yet, gun reform following massacres is not inevitable, rather, it takes the planned, strategic use of media and other forms of advocacy to convert anger and outrage into action. The examples introduced in the essay were pro reform, however, I believe that owning guns is apart of the constitutional right given to use through the bill of rights. However, it is necessary to adapt to times and value the preservation of life, security, and trust within our society even if it means to restrict the rights of gun owners.