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Newsela | Two students killed in Kentucky high school shooting

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Nation's first fatal school shooting of 2018

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History of Gun Control Laws
Gun control laws are just as old or older than the Second Amendment (ratified in 1791). Some examples of gun control throughout colonial America included criminalizing the transfer of guns to Catholics, enslaved people, indentured servants, and Native Americans; regulating the storage of gun powder in homes; banning loaded guns in Boston houses; and mandating participation in formal gathering of troops and door-to-door surveys about guns owned.

Guns were common in the American Colonies, first for hunting and general self-protection and later as weapons in the American Revolutionary War. Several colonies' gun laws required that heads of households (including women) own guns and that all able-bodied men enroll in the militia and carry personal firearms. Read more history...

Pro & Con Arguments

Pro 1

The Second Amendment is not an unlimited or individual right to own guns.

Further, the Second Amendment was intended to protect the right of militias to own guns, not the right of individuals to own guns. Former Justice John Paul Stevens, in his dissenting opinion for District of Columbia et al. v. Heller, wrote, "the Framer's single-minded focus in crafting the constitutional guarantee 'to keep and bear arms' was on military use of firearms, which they viewed in the context of service in state militias," hence the inclusion of the phrase "well regulated militia."

Michael Waldman, President of the Brennan Center for Justice at the New York University School of Law, stated there is nothing about an individual right to bear arms in the notes about the Second Amendment when it was being drafted, discussed, or ratified; the US Supreme Court declined to rule in favor of the individual right four times between 1876 and 1939; and all law articles on the Second Amendment from 1888 to 1959 stated that an individual right was not guaranteed.
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Pro 2

More gun control laws would reduce gun deaths.

Approximately 50% of unintentional fatal shootings were self-inflicted; and most unintentional firearm deaths were caused by friends or family members.

Five women are murdered with guns every day in the United States. A woman's risk of being murdered increases 500% if a gun is present during a domestic dispute. During the Iraq and Afghanistan wars, 5,364 US soldiers were killed in action between Oct. 7, 2001 and Jan. 28, 2015; between 2001 and 2012 6,410 women were killed with a gun by an intimate partner in the United States.

Researchers found that a "general barrier to firearm access created through state regulation can have a significant deterrent effect on male suicide rates in the United States. Permit requirements and bans on sales to minors were the most effective of the regulations analyzed."

Gun licensing laws were associated with a 14% decrease in firearm homicides, while increases in firearm homicides were seen in places with right-to-carry and stand-your ground-laws.

More gun control leads to fewer suicides. When US gun ownership goes down, overall suicide rates drop; meanwhile, each 10 percentage-point increase in gun ownership is linked to a 26.9% increase in the youth suicide rate. In Indiana and Connecticut, after "red flag" laws to remove guns from people who may pose a threat were enacted, gun suicides decreased by 7.5% and 13.7% respectively, while suicides by other means did not decrease during the same time. A person who wants to kill him/herself is unlikely to commit suicide with poison or a knife when a gun is unavailable.

The US General Accountability Office (GAO) estimated that 31% of total accidental shooting deaths could have been prevented by installing safety devices on guns: 100% of deaths per year in which a child under 6 years old shoots and kills him/herself or another child could be prevented by automatic child-proof safety locks; and 23% of accidental shooting deaths by adolescents and adults per year could be prevented by loading indicators showing when a bullet was in the chamber ready to be fired.

Marjorie Sanfilippo, PhD, Professor of Psychology at Eckerd College who has researched children's behavior around guns, stated, "We put gates around swimming pools to keep children from drowning. We put safety caps on medications to keep children from poisoning themselves.... [B]ecause children are naturally curious and impulsive, and because we have shown time and again that we cannot 'gun-proof' them with education, we have a responsibility to keep guns out of the hands of children."
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Pro 3

The presence of a gun makes a conflict more likely to become violent.

The FBI found that arguments (such as romantic triangles, brawls fueled by alcohol or drugs, and arguments over money) resulted in 1,962 gun deaths (59.9% of the total).

An editorial published in the American Journal of Public Health noted, "gun-inflicted deaths [often] ensue from impromptu arguments and fights; in the US, two-thirds of the 7,900 deaths in 1981 involving arguments and brawls were caused by guns." A study published in the same journal found that "the weapons used [in altercations]... were those closest at hand." And thus, according to another study, "[r]ather than confer protection, guns kept in the home are associated with an increase in the risk of homicide by a family member or intimate acquaintance."

Common sense gun control laws can decrease the likelihood of a violent situation turning deadly. President Ronald Reagan and others did not think the AR-15 military rifle (also called M16s by the Air Force) should be owned by civilians and, when the AR-15 was included in the assault weapons ban of 1994 (which expired on Sep. 13, 2004), the NRA supported the legislation. A Mother Jones investigation found that high-capacity magazines were used in at least 50% of the 62 mass shootings between 1982 and 2012.When high-capacity magazines were used in mass shootings, the death rate rose 63% and the injury rate rose 156%.
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Pro 4

A majority of adults, including gun owners, support common sense gun control such as background checks, bans on assault weapons, and bans on high-capacity magazines.

According to a Feb. 20, 2018 Quinnipiac Poll, 97% of American voters and 97% of gun owners support universal background checks. 67% support a nationwide ban on assault weapons, and 83% support mandatory waiting periods for gun purchases.

As much as 40% of all gun sales are undocumented private party gun sales that do not require a background check (aka the "gun show loophole").

53% of all adults surveyed approve of high-capacity magazine bans. 89% of adults with a gun in the home approve of laws to prevent the purchase of guns by the mentally ill, and 82% approve of banning gun sales to people on no-fly lists.

77% of Americans support requiring a license to purchase a gun.

Don Macalady, member of Hunters against Gun Violence, stated, "As a hunter and someone who has owned guns since I was a young boy, I believe that commonsense gun legislation makes us all safer. Background checks prevent criminals and other dangerous people from getting guns."

Many would like to see the U.S. enact more laws like other countries, citing the fact that countries with restrictive gun control laws have lower gun homicide and suicide rates than the United States. Both Switzerland and Finland require gun owners to acquire licenses and pass background checks that include mental and criminal records, among other restrictions and requirements. In 2007 Switzerland ranked number 3 in international gun ownership rates with 45.7 guns per 100 people (about 3,400,000 guns total). In 2009 Switzerland had 24 gun homicides (0.31 deaths per 100,000 people) and 253 gun suicides (3.29 deaths per 100,000 people). Finland ranked fourth in international gun ownership rates with 45.3 guns per 100 people (about 2,400,000 guns total). In 2007 Finland had 23 (0.43 deaths per 100,000 people) gun homicides and 172 gun suicides (4.19 deaths per 100,000 people).
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Con 1

The Second Amendment of the US Constitution protects individual gun ownership.

The Second Amendment of the US Constitution reads, "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

Lawrence Hunter, Chairman of Revolution PAC, stated, "The Founders understood that the right to own and bear laws is as fundamental and as essential to maintaining liberty as are the rights of free speech, a free press, freedom of religion and the other protections against government encroachments on liberty delineated in the Bill of Rights."
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Con 2

Gun control laws are discriminatory and infringe on citizens' rights

Current gun control laws are frequently aimed at inner city, poor, black communities who are perceived as more dangerous than white gun owners. Charles Gallagher, Chair of Sociology at LaSalle University, stated that some gun control laws are still founded on racial fears: "Whites walking down Main Street with an AK-47 are defenders of American values; a black man doing the same thing is Public Enemy No. 1."

Background checks and micro-stamping are an invasion of privacy. Background checks require government databases that keep personal individual information on gun owners, including name, addresses, mental health history, criminal records, and more. The American Civil Liberties Union (ACLU) worried that Senator Harry Reid's 2013 proposed background check legislation (the bill failed 54-46) would have allowed the government to keep databases of gun purchases indefinitely, creating a "worry that you're going to see searches of the databases and an expansion for purposes that were not intended when the information was collected." Micro-stamping similarly requires a database of gun owners and the codes their personal guns would stamp on cartridge cases. Senators Rand Paul (R-KY), Mike Lee (R-UT), and Ted Cruz (R-TX) wrote that they would oppose any legislation that infringes "on the American people's constitutional right to bear arms, or on their ability to exercise this right without being subjected to government surveillance."

Gun control laws infringe upon the right to self-defense and deny people a sense of safety. The police cannot protect everyone all of the time. 61% of men and 56% of women surveyed by Pew Research said that stricter gun laws would "make it more difficult for people to protect their homes and families." Nelson Lund, Professor at George Mason University School of Law, stated, "The right to self-defense and to the means of defending oneself is a basic natural right that grows out of the right to life" and "many [gun control laws] interfere with the ability of law-abiding citizens to defend themselves against violent criminals." A Pew Foundation report found that 79% of male gun owners and 80% of female gun owners said owning a gun made them feel safer and 64% of people living in a home in which someone else owns a gun felt safer. Even Senator Dianne Feinstein, a gun control advocate, carried a concealed gun when her life was threatened and her home attacked by the New World Liberation Front in the 1970s.

Gun control laws, especially those that try to ban "assault weapons," infringe upon the right to own guns for hunting and sport. In 2011, there were 13.7 million hunters 16 years old or older in the United States, High-powered semiautomatic rifles and shotguns are used to hunt and in target shooting tournaments each year. According to the National Shooting Sports Foundation, "So-called 'Assault weapons' are more often than not less powerful than other hunting rifles. The term 'assault weapon' was conjured up by anti-gun legislators to scare voters into thinking these firearms are something out of a horror movie... [T]he Colt AR-15 and Springfield M1A, both labeled 'assault weapons,' are the rifles most used for marksmanship competitions in the United States. And their cartridges are standard hunting calibers, useful for game up to and including deer." According to a Feb. 2013 Pew Research report, 32% of gun owners owned guns for hunting and 7% owned guns for target or sport shooting.
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Con 3

Gun control laws simply do not work.

Gun control efforts have proved ineffective. According to David Lampo, Publications Director of the Cato Institute, "there is no correlation between waiting periods and murder or robbery rates." Banning high-capacity magazines will not necessarily deter crime because even small gun magazines can be changed in seconds.The "gun show loophole" is virtually nonexistent because commercial dealers, who sell the majority of guns at shows and elsewhere, are bound by strict federal laws. According to a Mar. 10, 2016 Lancet study, most state-level gun control laws do not reduce firearm death rates, and, of 25 state laws, nine were associated with higher gun death rates.

Mexico has some of the strictest gun control laws in the world and yet, in 2012, Mexico had 11,309 gun murders (9.97 gun homicides per 100,000 people) compared to the United States that had 9,146 gun homicides (2.97 per 100,000 people). The country has only one legal gun store (the Directorate of Arms and Munitions Sales), compared to at least 63,709 legal gun stores and pawn shops in the United States as of Feb. 10, 2014. Mexico's gun store is on a secure military base and customers must present a valid ID, go through a metal detector, and turn over cellphones and cameras to guards. To actually buy a gun, customers have to show proof of honest income, provide references, pass a criminal background check, prove any military duties were completed with honor, and be fingerprinted and photographed. If allowed to purchase a gun, the customer may buy only one gun (choosing from only .38 caliber pistols or lower) and one box of bullets. Between 2006 and 2010, Mexico's one gun shop sold 6,490 guns, yet as of 2012, Mexicans own about 15,000,000 guns, or about 13.5 guns per 100 people.

The main reason gun control doesn't work is because laws will not prevent criminals from obtaining guns or breaking laws. Of 62 mass shootings in the United States between 1982 and 2012, 49 of the shooters used legally obtained guns. Collectively, 143 guns were possessed by the killers with about 75% obtained legally. A Secret Service analysis found that of 24 mass shootings in 2019 at least 10 (42%) involved illegally possessed guns.

The logical conclusion is that gun control laws do not deter crime; gun ownership deters crime. A study in Applied Economics Letters found that "assault weapons bans did not significantly affect murder rates at the state level" and "states with restrictions on the carrying of concealed weapons had higher gun-related murders." While gun ownership doubled in the twentieth century, the murder rate decreased. Journalist John Stossel explained, "Criminals don't obey the law... Without the fear of retaliation from victims who might be packing heat, criminals in possession of these [illegal] weapons now have a much easier job... As the saying goes, 'If guns are outlawed, only outlaws will have guns.'"

More gun control is not needed; education about guns and gun safety is needed to prevent accidental gun deaths. 95% of all US gun owners believe that children should learn about gun safety. The Sporting Arms and Ammunition Manufacturers' Institute, Inc (SAAMI), stated, "Whether in the field, at the range or in the home, a responsible and knowledgeable gun owner is rarely involved in a firearms accident of any kind." According to Kyle Wintersteen, Managing Editor of Guns and Ammo, studies show that "children taught about firearms and their legitimate uses by family members have much lower rates of delinquency than children in households without guns" and "children introduced to guns associate them with freedom, security, and recreation-not violence." [82] [85] [154]
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Con 4

Gun control laws give too much power to the government and may result in government tyranny and the government taking away all guns from citizens.

57% of people surveyed by Pew Research in Feb. 2013 said that gun control laws would "give too much power to the government over the people."

The NRA's Wayne LaPierre stated, "if you look at why our Founding Fathers put it [the Second Amendment] there, they had lived under the tyranny of King George and they wanted to make sure that these free people in this new country would never be subjugated again and have to live under tyranny."

Concurring, Alex Jones, radio host, stated, "The Second Amendment isn't there for duck hunting, it's there to protect us from tyrannical government and street thugs... 1776 will commence again if you try to take our firearms!"

Marco Rubio (R-FL), US Senator, speaking about gun control laws during his 2016 presidential campaign, stated, "If God forbid, ISIS visits our life, our neighborhood, our school, any part of us, the last thing standing, the last line of defense could very well be our ability to protect ourselves."
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Did You Know?

1. A Pew Foundation report found that 79% of male gun owners and 80% of female gun owners said owning a gun made them feel safer, and 64% of people living in a home in which someone else owns a gun felt safer.

2. The US General Accountability Office (GAO) estimated that 100% of deaths per year in which a child under 6 years old shoots and kills him/herself or another child could be prevented by automatic child-proof safety locks.

3. The Centers for Disease Control listed firearms as the #12 cause of all deaths between 1999 and 2015, representing 1.3% of total deaths. They were also the #1 method of death by homicide (67.3% of all homicides) and by suicide (51.9% of all suicides).

4. Mexico has some of the strictest gun control laws in the world and yet, in 2012, Mexico had 11,309 gun murders (9.97 gun homicides per 100,000 people) compared to the United States that had 9,146 gun homicides (2.97 per 100,000 people).

5. Carrying a concealed handgun in public has been permitted in all 50 states since 2013, when Illinois became the last state to enact concealed carry legislation.

6. Five women a day are killed by guns in America. A woman's risk of being murdered increases 500% if a gun is present during a domestic dispute.

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Proponents say the Second Amendment is not an unlimited right to own guns. Opponents say the amendment protects individual gun ownership.

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In 2014, former Amherst drug lab chemist Sonja Farak was convicted and sentenced to 18 months in prison after it was discovered that for nearly a decade she stole and used drugs that she was testing. In June, an initial group of the drug convictions secured through Farak's testing were dismissed based on documentation that she'd tampered with evidence and that prosecutors knowingly concealed information from the defense counsel as well as the Superior Court about the extent and length of Farak's misconduct and drug abuse. Today, lawyers have filed a position stating the remainder of the convictions linked to Farak-estimated to be in the thousands-need to also be dismissed with prejudice to "restore integrity to the justice system."

The document-filed by the Committee for Public Counsel Services, the ACLU of Massachusetts, and attorneys Daniel Marx and William Fick-states that the Superior Court found that the attorney general's office "purposefully withheld exculpatory evidence about the timing and scope of Farak's drug abuse, misled defense counsel about that evidence, and committed a fraud on the court in order to minimize the scope of the scandal."

The attorneys outline that when Farak was arrested in 2013-after she compromised the evidence in thousands of criminal drug cases-the Superior Court held an evidentiary hearing. At that point, the defense counsel tried to obtain important evidence from the Commonwealth, but the attorney general's office suppressed that evidence and falsely told counsel and the court that all exculpatory evidence had already been disclosed. In 2016, a six-day evidentiary hearing was held to explore why that evidence was withheld.

The Superior Court found that the two assistant attorney generals working on the case engaged in misconduct that "improperly influenced and distorted [the court's] fact finding and legal conclusions and it unfairly hampered the defendants' presentation of defenses. Their conduct constitutes a fraud upon the court."

To make matters worse, states the petition, the Commonwealth has failed to identify and notify those defendants whose convictions are linked to Farak's testing or to educate them about their rights regarding post-conviction relief.

For these reasons, states the petition, "all Farak cases should be vacated and dismissed with prejudice." Also, the prosecutors are called on to fulfill their legal obligations and properly identify and notify the thousands of defendants affected by Farak's misconduct.

You can read the the entire petition and the ACLU's statement on the filing here. The Innocence Project joined the ACLU in filing a friend-of-the-court brief regarding the prosecutorial misconduct issues in the case and later filed bar complaints against the two former prosecutors.

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Cases Tested By Tainted Drug Analyst Must Be Dismissed

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In 2014, former Amherst drug lab chemist Sonja Farak was convicted and sentenced to 18 months in prison after it was discovered that for nearly a decade she stole and used drugs that she was testing.

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The Constitution protects us against unreasonable search and seizure. A school student feels that her right to privacy has been violated by her principal's search of her purse. She offers her side of the story, and gives you something to think about when it comes to the 4th Amendment.

"Search and Seizure" Discussion Questions

1. What are the protections of the 4th Amendment?

2. What are the facts of this case? What happened? Try to include facts that involve actions by both the school and TLO.

3. What are the responsibilities of the students, teachers, and administrators at school?

4. Do students have a right to privacy at school? What are the limits to this right?

5. How can a student's right to privacy interfere with the responsibilities of teachers and administrators?

6. You are a Supreme Court Justice! Applying the language of the 4th Amendment to the facts in the case New Jersey v. TLO, how would you rule in this case? Be prepared to support your answer with textual evidence.

About the Living News Classroom Discussion Videos

Performed at the National Constitution Center, is a fast paced theatrical production that introduces current and controversial issues to middle and high school students.

Excerpts from the performance have been filmed and made available for use in the classroom-these video, along with the discussion questions provided, can help educators introduce or continue conversations on constitutional topics.

Classroom Resources
Living News Classroom Teaching Materials
For an in-depth analysis of the fourth amendment, check out the Interactive Constitution, a new, free, online teaching tool that delivers scholarship from top constitutional experts right to your classroom!

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Fourth Amendment Discussion Starter: Search and Seizure

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The Constitution protects us against unreasonable search and seizure. A school student feels that her right to privacy has been violated by her principal's search of her purse. She offers her side of the story, and gives you something to think about when it comes to the 4th Amendment.

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A group that preaches hate wants to hold a public rally at a historic site. The Constitution protects free speech, but what about messages that are unpleasant or hurtful-do we have to hear those, too? A park ranger offers his take on these controversial visitors.

"Freedom of Expression" Discussion Questions

1. What are the protections of the 1st Amendment?

2. What happened in Maryland at the Antietam battlefield?

3. Does the 1st Amendment protect all forms of speech? Can anybody say anything they want, wherever they want, to whomever they want?

4. Can the government restrict ideas or speech considered hurtful, even before they are expressed?

5. According to the National Park Ranger, why should the KKK be allowed to hold a rally at the Antietam Battlefield?

6. What does the National Park Ranger mean by the phrase "marketplace of ideas"? Why is it important to have a "marketplace of ideas""?

About the Living News Classroom Discussion Videos

Performed at the National Constitution Center, is a fast paced theatrical production that introduces current and controversial issues to middle and high school students.

Excerpts from the performance have been filmed and made available for use in the classroom-these video, along with the discussion questions provided, can help educators introduce or continue conversations on constitutional topics.

Classroom Resources
Living News Classroom Teaching Materials
For an in-depth analysis of the first amendment, check out the Interactive Constitution, a new, free, online teaching tool that delivers scholarship from top constitutional experts right to your classroom!

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Classroom Discussion Starter: Freedom of Expression

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A group that preaches hate wants to hold a public rally at a historic site. The Constitution protects free speech, but what about messages that are unpleasant or hurtful-do we have to hear those, too? A park ranger offers his take on these controversial visitors. What are the protections of the 1st Amendment?

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About "Non-Stop"

The Act I finale covers Hamilton's life from the end of the war to his appointment as Secretary of the Treasury. Burr watches in amazement as Hamilton becomes a leading lawyer, gets sent to the Constitutional Convention at age 30, then writes the majority of the Federalist Papers.

It ends with a quintet that composer Alex Lacamoire has called the "all-skate" -each individual singing different parts that all come from different songs.

Given Lin-Manuel Miranda's many irons in the fire, lines from the song have been used to describe the man:

It should also be noted that there is a small scene before "Non-Stop" that is not included in the recording. Known as "Tomorrow There'll Be More of Us", the scene reveals that Hamilton and Eliza have received a letter to notify them of John Laurens' death. Hamilton murmurs "I have so much work to do" before "Non-Stop" begins, implying that Laurens' death has motivated him to work harder. It also suggests that he throws himself into his work to deal with his grief.

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Original Broadway Cast of Hamilton - Non-Stop

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Non-Stop Lyrics: After the war I went back to New York / A-After the war I went back to New York / I finished up my studies and I practiced law / I practiced law, Burr worked next door / Even

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Profiles of Freedom: A Living Bill of Rights

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A lawyer for Mr. Byrd seemed incredulous about all of this.

"So the only reason you pulled out was the fact that he was at 10 and 2 and you couldn't see him?" the lawyer asked.

"African-Americans generate over four times as many retail rental transactions as otherwise comparable Caucasians," the study said. Other reports have demonstrated that black drivers are more likely than white ones to be pulled over by the police and more likely to be searched during the stop.

Justice Scalia was unimpressed.

"Well, that's really good," he said, with characteristic sarcasm. "I'll bet you if you conducted a lot of unreasonable searches and seizures, you'd get more convictions, too. That proves absolutely nothing."

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Pulled Over in a Rental Car, With Heroin in the Trunk

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A lawyer for Mr. Byrd seemed incredulous about all of this. "So the only reason you pulled out was the fact that he was at 10 and 2 and you couldn't see him?" the lawyer asked. "African-Americans generate over four times as many retail rental transactions as otherwise comparable Caucasians," the study said.

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Newsela | How First Amendment rights have evolved

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How freedoms under the First Amendment have evolved since the Constitution was written.

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The Bill of Rights is the name given to the first ten amendments to the United States Constitution. James Madison introduced the original bill that proposed the amendments in 1789, and the ten amendments below were ratified on December 15, 1791.

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https://newsela.com/read/lib-ushistory-first-amendment/id/26624

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The United States Attorney's Office for the Middle District of Pennsylvania announced today that a New York man was indicted by a federal grand jury in Harrisburg on charges of possessing 2,500 bags of heroin and body armor during a traffic stop on September 17, 2014.

According to United States Attorney Peter Smith, Terrence T. Byrd, age 37, New York, NY, was charged in a two count indictment with possessing heroin with the intent to distribute and with illegally possessing body armor. Byrd was allegedly stopped by the Pennsylvania State Police for a traffic violation on Interstate 81 in Lower Paxton Township. During a search of the vehicle, troopers recovered body armor and 2,500 bags of heroin. Byrd fled on foot when the contraband was discovered but was apprehended after a brief chase.

Byrd, if convicted, faces up to 20 years imprisonment on the heroin possession charge and a sentence of up to life imprisonment if convicted on the charge of illegally possessing body armor.

The matter was investigated by the Pennsylvania State Police, the Dauphin County District Attorney's Office and the Drug Enforcement Administration's Harrisburg Resident Office. Prosecution of the case has been assigned to Assistant United States Attorney William A. Behe.

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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New York Man Indicted On Heroin Charge And For Possession Of Body Armor

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The United States Attorney's Office for the Middle District of Pennsylvania announced today that a New York man was indicted by a federal grand jury in Harrisburg on charges of possessing 2,500 bags of heroin and body armor during a traffic stop on September 17, 2014.