The Federal Bill HR7910 –Protecting Our Kids Act was initiated in the 117th Congress of 2021-’22 which provided various measures on gun regulation. There was a prohibition of selling or transferring specific firearms including semiautomatic firearms to persons below twenty-one years old (Rodríguez Andrés & Hempstead, 2011). The bill also establishes measures for holding persons accountable for illegal gun flow or gun trafficking offenses. Hence the bill provides guidelines that the courts or prosecutors would use in hearing and prosecuting persons with gun trafficking offences. The above bill also establishes a framework for the regulation of ghost guns or guns without serial numbers (Rodríguez Andrés & Hempstead, 2011). There are also safe storage measures for firearms provided in the above bill which outlines procedures for storage of firearms at residential buildings based on federal or state provisions. The federal bill also highlights on issue of bump stocks in which individuals can convert semiautomatic firearms into machine guns for the promotion of public safety. The above bill also prohibits on sale, importation, manufacturing, or transferring of large-capacity ammunition feeding. Hence regulates access to high-capacity magazines. The above federal bill also emphasizes background checks of demographic data for any individuals found in possession of a firearm illegally.
The Second Amendment was initiated in 1791 and has sparked consequential changes regarding firearms or gun control over the years. The Second Amendment emphasizes on right to bear arms (Congress.gov, 1791). The Second Amendment highlighted that in a well-controlled militia, it was necessary for security to a free state with freedom for people to bear/own arms and no infringement should be placed on that right. Hence it emphasizes on right of an individual to own and keep a firearm (Greenberg & Page, 2018). It was thought that the militia and the civilians would use the arms for defense. These amendments have continued to receive debates but many of the rulings or debates reaffirm that the right of an individual to own a firearm should not be infringed. For instance, in the McDonald versus the City of Chicago rulings, the Supreme Court decided that local or state governments were prevented from infringing upon this right and hence have to respect the right of an individual to bear and keep a firearm (Congress.gov, 1791). My State Constitution( Illinois) also reaffirms the right of an individual to bear arms. The State highlights that individuals would bear or carry firearms but within the limits set by the State’s police power. There are case laws that highlight regulations of handgun possession hence despite the protection of the right to own and keep a gun there exist regulations to control this right.
Similarities in the three documents and overall the United States Constitution include respect for the right of individuals to own a firearm. However, there is a balance in the regulation of this provision; there are measures to regulate owning of the firearms to ensure the safety of the public. Other differences entailFederal Bill HR7910 impacting the whole country the Constitution’s regulation operates within my state and it also refers to the regulation of individual rights on gun ownership within the limits of state police’ power (Greenberg & Page, 2018). Generally, all the documents recognize respect for an individual’s right to own a firearm but based on provided regulations.
Gun reforms should be based on congruent power. The federal and state powers should develop a harmonized approach to gun regulation. The federal approach may have certain unfair regulation because some states may have variable demographics and also federal regulation may face political resistance from certain states as some states( with their leaders may have autonomy on laws regulating arms position based on their needs). If state regulation, some states may lack adequate measures or support to implement the regulations because of limited resources (Greenberg & Page, 2018). Shared powers will help develop a balanced regulation in keeping with the various needs of different states (Rodríguez Andrés & Hempstead, 2011). Through collaboration, it would be effective in developing and implementing such regulations.
References
Congress.gov. (1791, December 15). U.S. Constitution – Second Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress. Constitution.congress.gov. https://constitution.congress.gov/constitution/amendment-2/#:~:text=A%20well%20regulated%20Militia%2C%20being
Greenberg, E. S., & Page, B. I. (2018). Struggle for democracy, 2018 elections, and updates edition revel access card. (12th ed.). Pearson.
Rodríguez Andrés, A., & Hempstead, K. (2011). Gun control and suicide: The impact of state firearm regulations in the United States, 1995–2004. Health Policy, 101(1), 95–103. https://doi.org/10.1016/j.healthpol.2010.10.005
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