8 Alb. Govt. L. Rev. 337 (2015)
Alexander C. Cooper
Gun control is the regulation of the sale and use of firearms,
such as handguns and rifles. Considering that over one-third of
Americans possess a firearm, the enforcement of different types
of gun ownership requirements and regulations have caused
great debate. In 2012, 58% of Americans favored the passage of
stronger gun control laws regarding the sale of firearms. In
addition, more than 50% of Americans are dissatisfied with the
overall state of gun control laws and policies in the nation. Approximately 24% of Americans in 2011 considered stricter gun
control laws to be the most important avenue to prevent the
reoccurrence of mass shootings in the United States. However,
in the same Gallup poll, 15% of Americans believed that better
mental health screening and support would be more effective in
preventing mass shootings in the country. Other possible
options to reduce gun violence in the United States include:
enhanced education on gun violence and the proper use of guns,
more extensive background checks, stricter security measures at
public gatherings, a ban on handguns and bullets, better
parenting, better enforcement of existing gun laws, less media
coverage of shootings, better cooperation between political
parties, and a crack-down on illegal immigration. The issue is
complicated as a result of the use of guns by law enforcement
agencies, to apprehend criminals and to protect the public against
crime, and by private citizens, as a means of self-defense for
themselves and their property. While Americans generally
agree that something needs to be done in response to the growing
gun violence, many “disagree—often passionately—on exactly
what to do and how to do it.”
Part II examines the nation’s history of gun use and gun laws
from the period commencing in the pre-Revolutionary days to the
present. Specific to this discussion will be an analysis of the
development and understanding of the role and composition of
the American militia in relation to the individual right to keep
and bear arms for the purpose of self-defense under the Second
Amendment.
Part III evaluates the Supreme Court’s interpretation of the
Second Amendment. Furthermore, and more importantly, Part
III evaluates the extent of the right to keep and bear arms as
addressed in the Supreme Court’s decision in United States v.
Cruikshank to its most recent decision in McDonald v.
Chicago.
Finally, Part IV considers the current issues and ideological differences surrounding the gun control debate as a result of the
ambiguity and lack of decisiveness on the part of the Supreme
Court. Moreover, it discusses the implications of the gun control
debate on the constitutionality of current state laws, particularly,
the NY SAFE Act.