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枪支,暴力和第二修正案

讨论关于第二修正案的正确定义和实施的辩论.
故事系列
简单的公民

《ladbrokes立博中文版》是对我们宪法的有力补充. The first ten amendments to the Constitution were ratified in 1791 as key Founding Fathers like James Madison and George Mason stated strongly that guarantees of personal rights were missing from a predominantly structural and procedural document. 人权法案, 然而, 写得很笼统,有时还很模糊, 这需要国会和最高法院的解释和阐述. One of those rights that has been at the center of the debate over proper definition and implementation is the Second Amendment.

如前所述,第二修正案内容如下:

“一支纪律严明的民兵, 是保障一个自由州的必要条件, 人民持有和携带武器的权利, 不得侵犯.”

The Second Amendment appears to be organized into four separate sections — the need for a well-regulated Militia, 民兵保卫自由州的重要性, 人民持有和携带武器的权利, 并保证这些权利不受侵犯(限制或损害). In modern times the sections on a well-regulated Militia and the importance of securing a free State have been overshadowed by “人民持有和携带武器的权利,以及不限制或破坏携带武器权利的重要性.

Legislative and judicial action on the Second Amendment was not controversial or debated for much of the time after ratification as interpretations of the Amendment concentrated on the importance of a standing army (militia) and the value of the army protecting Americans as members of a free State. 直到2007年,在哥伦比亚特区的一个具有里程碑意义的案件-哥伦比亚特区诉. Heller — that the Supreme Court concentrated on the meaning and application of the “right to bear arms.” The issue that brought up the question of citizens having a right to own guns was in response to a law in Washington, D.C. 这有效地禁止了公民在家中购买和持有枪支. But in a 5-4 decision Supreme Court Justice Antonin Scalia writing for the majority concluded that the Second Amendment does provide an individual’s right to keep and bear arms for lawful purposes. 2010年晚些时候, the Supreme Court expanded the right to bear arms to the 州 in a decision out of Illinois — McDonald v. 芝加哥市.

With the Heller and McDonald decisions and a later case out of New York (New York State Rifle and Pistol Association, 公司v. Bruen) that disallowed the state from requiring applicants for a gun license to demonstrate a justifiable need, 美国枪支购买量和与枪支有关的死亡人数大幅增加. 从2008年到2022年,枪支死亡人数从31人增加,593 to 45,247; gun ownership increased from 304 million in 2008 to 393 million in 2022; mass shootings increased from 253 in 2013 to 647 in 2022; school shooting incidents increased from 13 in 2009 to 51 in 2022, 枪支自杀从18起增加,从2008年的223到24,297 in 2020. 更令人不安的是,2022年,6000名儿童死于枪支暴力.

由于法院支持持枪权,这对联邦政府来说变得困难, 州, 市政当局通过枪支限制,如普遍背景调查, 禁止像AR-15这样的军用武器, 枪弹匣限制和持枪年龄要求. Joined with the support of the Courts for the Second Amendment right to bear arms has been the role of the powerful National Rifle Association (NRA), which championed gun rights and refused to make any compromises regarding restrictions on gun ownership. The NRA is well funded by its membership and employees hundreds of lobbyists to convince members of Congress to vote against any legislation that would limit the purchase and ownership of guns. The NRA has been so effective that many members of Congress rely on campaign contributions from the organization, while those that may support restrictions often fear election strategies that urge its members to rally against those who would challenge the limitations on guns. 有了这种游说力量,改革枪支法的努力就很少了, 尽管绝大多数美国人支持普遍背景调查, 禁止使用突击步枪, 以及对枪支子弹数量的限制.

The gun culture that has permeated America and American society has led to regular and horrific mass shootings. 美国人看着桑迪胡克的大屠杀, Connecticut; Uvalde, Texas; Buffalo, New York; Atlanta, Georgia; Boulder, Colorado to name just a few of recent mass shootings and begin to feel that we as citizens of this country will have to adjust to the reality of gun deaths, 一种“正常化”枪支文化的影响. But it is important to remember that the United States is unique in the world when it comes to a gun culture and a failure to take action to regulate gun ownership (the United States has 46% of the world’s civilian-owned guns). 日本等国家, 澳大利亚, 联合王国, 德国和加拿大都有严格的枪支法律,要求限制所有权, 枪械训练, 禁止使用突击步枪,并对潜在的持枪申请者进行详细的背景调查. 不足为奇的是, 在这些国家,与枪支有关的死亡人数即使不存在,也是极低的. 此外, those who live in countries with strict gun laws cannot fathom why the United States permits such lax laws and how the American people and particularly American political leaders accept the tragic loss of life.

而枪支权利和第二修正案法院的保护目前是稳固的, that does not mean that reform of existing laws or a rejection of the arguments presented in the Heller and subsequent Supreme Court decisions are impossible to achieve. Advocates of changes in gun laws talk about “common sense gun reform” that does not take away a person’s right to purchase a gun or gives the government the right to confiscate firearms. Besides the generally accepted view to mandate universal background checks and mental health evaluations of prospective gun purchasers, the emphasis among the proponents of common sense gun reform want to see changes such as the requirement that guns have safety locks with codes that would negate anyone in a household from an unauthorized use of a gun, training of gun owners with mandatory “gun” tests much like those required of new car drivers and personal injury insurance that would require owners pay not only to purchase a gun but to assume financial responsibility for the deadly use of a gun. 正如改革的倡导者经常说的那样, 这些改革不是不合理的,也不是侵犯人身自由的, 相反,他们把责任放在业主身上,让他们采取负责任的行动,帮助拯救生命.

但不幸的是, until there is a major shift in the political arena and a rejection or at least a modification of the gun culture in our country, 成千上万美国人的悲惨死亡将继续下去. 令人遗憾的是,枪支改革的前景并不乐观.