The current U.S. public health crisis, as evidenced by well-documented increase in deaths, injuries, and societal/individual costs resulting from gun violence, counterbalances an individual’s Second Amendment’s Constitutional gun ownership rights and justifies an increase in gun ownership, possession, and use restrictions

Draft a position either defending or opposing the following position:

 “The current U.S. public health crisis, as evidenced by well-documented increase in deaths, injuries, and societal/individual costs resulting from gun violence, counterbalances an individual’s Second Amendment’s Constitutional gun ownership rights and justifies an increase in gun ownership, possession, and use restrictions (e.g., laws, regulations, policies).”   

Defend position – Society, acting through the government, has sufficient ethical and legal authority and a compelling public health interest, right, and obligation to limit an individual’s gun rights under the Second Amendment. 

Oppose position – Society, acting through the government, does not have sufficient ethical and legal authority or compelling public health interest, right, or obligation to limit an individual’s gun rights under the Second Amendment. 

Position Summary 

Facts

Analysis ), 

Ethical Issue(s) Analysis 

Legal Issue(s) Analysis 

Conclusion(s)

Recommendation(s) List 1-3  (Your recommendation(s) be based on your conclusion(s).  

In the United States, guns kill almost 30,000 people and cause 60,000 injuries each year and gun violence remains its leading cause of premature death. 

In your readings, you learned of controversial policies and strategies to address gun violence in the U.S.  For example, many cities have attempted a community approach of “gun buy-back” programs.  Hartford, CT, reported that even though 464 firearms were collected over a four-year period, only a small percentage of firearms were collected compared to the number of firearms sold. 

It has become evident that there needs to be a comprehensive public health approach to address this growing crisis. The issue of gun violence is even more exacerbated, and complex given the increase in acts of terrorism.  Federal, state, and local governments are restricted from banning or unreasonably limiting the right of Americans to own guns by the Second Amendment to the U.S. Constitution.  The courts, however, have long held that this right is not absolute but subject to reasonable time, place, and manner restrictions.  The issue then becomes what are “reasonable” restrictions compatible with Constitutional protections and otherwise acceptable to the American public, federal and state legislatures, and, most importantly, the reviewing courts.  This causes a tension in the protection of individual gun ownership rights and societal rights to ensure public health.  We see this tension played out in our communities where there are both “zero tolerance” restrictions for firearms and weapons in public schools, in public buildings, and on airplanes while at the same time tolerance for gun possession at home and, in some jurisdictions, authorized open carry, including public university school campuses.  

As noted in your readings, there appears to be a change in attitude towards increased gun control.  For example, to reduce violence and save lives, New York City had adopted a “Stop, Question, and Frisk” policy that authorized police officers to stop and question a pedestrian and frisk for weapons and other contraband.  However, on August 12, 2013, a U.S. District Court Judge ruled that the stop and frisk practice (not the law itself) was unconstitutional and directed NYC to adopt a written policy to reduce impermissible discriminatory police officer discretion. This illustrates the “checks and balances” of our legal system and the inherent difficulty of trying to impose restrictions on a fundamental Constitutional right. so, while Second Amendment ownership rights are subject to “reasonable” time, place, and manner restrictions, the issues become what is reasonable and who decides?  This is your task for this assignment.

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