Criminal Justice

The right to bear guns vs gun control
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Abstract
The right to own and carry firearms for legitimate purposes and gun control are two highly controversial topics. There are supporters on both sides of the debate, where pro-guns support the right to carry firearms, while pro-life campaigners support gun control measures. The two issues have provisions in the American Constitution. The Bill of Rights, through the Second Amendment, provides Americans with the right to possess guns for legitimate reasons such as hunting and self-defense. The use of guns by private citizens and the government is protected through the amendment. The Second amendment was interpreted in 2008 by the Supreme Court to give citizens the right to possess guns. On the other hand, gun control measures are outlined in the constitution. Gun control regulates the use of firearms by both private citizens and the government. There are numerous ways through which pro-gun campaigns do not align with the constitution. First, the amendment is not clear on registration and carrying firearms in public. The second point of conflict is the lack of mental screening before individuals are issued with firearms. Thirdly, the constitution does not give clear measures on gun regulation regarding distribution and sale. The conflicts are the basis for gun control measures, which is the main source of differences between pro-gun campaigners and pro-life activists.
Introduction
Gun control remains to be the most widely debated topics, and among the most controversial topics.

The debate is heightened by events that receive worldwide publicity and scrutiny such as mass shootings. In the wake of tragic events, new debates arise concerning the right to life and the right to carry firearms. Some people associate the availability of firearms to the citizens of the United States to provisions in the American Constitution. Use of guns by both the public and private sectors and the violence that is associated with firearms continue to create divides in matters concerning gun control.
The right to bear firearms; a Constitutional right
The right to bear firearms in the United States is catered for in the constitution under the Second Amendment. The Second Amendment is among the ten amendments that are contained in the Bill of Rights. The statement is not precise on who bears the right to carry firearms, and as such, has to be interpreted by a court of law. The amendment was interpreted in the case of District of Columbia v. Heller to mean that the right to own guns is an individual right (Gulasekaram, 2010).
To further interpret the Second Amendment, the Supreme Court ruled that the provisions give a person the power to carry a firearm in the situation where the individual bears the firearm for reasons such as self-defense. In the ruling, the Supreme Court determined that two provisions in the District of Columbia violated the right to bear firearms. One provision required guns at home to be locked or disassembled, while the second provision outlined handguns to be illegal.
The main issues the interpretations to the Second Amendment highlight are on the topics of who is legally allowed to possess firearms, and the extent to which firearm possession, use, and distribution, are covered under the Constitution. Gulasekaram (2010) argues that the statement in the Second Amendment is vague, and can be interpreted in numerous ways. However, it is clear that it provides the legal citizen the right to possess firearms for reasons such as self-protection. Individuals who reside in the US and are either temporary immigrants or undocumented immigrants are exempted from the right.
The right to possess guns for self-defense does not cut across all the states. Some states have more strict gun control rules compared to others. Most of the states that do not wholly recognize the right to bear arms a fundamental right are the biggest campaigners of gun control measures. There are currently more than 40 states that permit the possession of firearms for legitimate purposes such as hunting and self-protection (Gostin, 2010).
The people who campaign for the right to bear arms have the support of the American constitution, especially if they reside in states that have recognized firearm ownership an individual right. The main reason for pro-gun campaigns is safety. Most people embrace guns because they believe that firearms are efficient in ensuring self-protection. Other supporters of pro-gun campaigns include politicians and firearm distributors.
Pro-guns and the constitution: Where do they diverge?
There are several conflicts between the right to possess guns as outlined in the Second Amendment and pro-gun campaigns. First, the amendment does not illustrate the persons who are exempted from the right. Some people may argue that since the Second Amendment is found in the Bill of Rights, then the provision point to a fundamental right. Researchers argue that certain persons need to be exempted (Gostin, 2010). Individuals with mental illnesses should be evaluated before they are issued with gun licenses. The debate on mental screening before attaining a gun license is still under debate.
The second point of conflict arises from the lack of clarity of the Second Amendment statement and perhaps ambiguous interpretations by the courts. According to Gulasekaram (2010), the constitution is unclear on the ‘citizen’ who has the right to possess a firearm. The researchers argue that the initial founders of the constitution might have implied that the ‘citizen’ is the law-abiding citizen. In most states, gun ownership does not require identification or registration. There is, therefore, the obvious conflict between the constitution and the people it gives the power to possess guns.
The third source of conflict, which is by far the most important, is also related to a recent interpretation of the Second Amendment. According to Blocher & Miller (2016), the Second Amendment does not allow gun users to carry their guns in public. The provisions of the Second Amendment do not correlate with the boundaries that are set by gun control measures. Gun control regulates the use and exposure of firearms in public. The inhibitions that gun control offers are not overshadowed by the Second Amendment. Therefore, gun users are not protected by the amendment when they go outside the boundaries set by gun control. For example, the amendment does not protect the gun owner from prosecution against carrying their firearm in public.
References
Blocher, J., & Miller, D. A. (2016). What is gun control? Direct burdens, incidental burdens, and the boundaries of the Second Amendment. The University of Chicago Law Review, 295-355.
Gostin, L. O. (2010). The right to bear arms: a uniquely American entitlement. JAMA, 304(13), 1485-1486.
Gulasekaram, P. (2010). ‘The People’of the Second Amendment: Citizenship & the Right to Bear Arms.