NCJ Number
88146
Journal
Washburn Law Journal Volume: 21 Issue: 2 Dated: (1982) Pages: 244-265
Date Published
1982
Length
22 pages
Annotation
The violent crime problem in the United States is exacerbated, though not caused by, the large number of handguns which are freely available.
Abstract
The controversy over gun control centers around whether a gun control law would be effective in reducing violent crime and at the same time not infringe the right of the people to possess firearms. Many people believe there is an individual right to own a gun guaranteed by the second amendment. However, many believe regulation of handgun ownership does not violate the second amendment. At common law the individual had a right to keep and bear arms. However, the right was not absolute and was subject to reasonable regulation by the state. The question today is whether reasonable regulation will aid in reducing handgun crime. Unfortunately, the least restrictive methods of handgun control, registration and licensing, are also the least effective and, at the same time, are expensive. The most restrictive method of control, prohibition of private possession, is constitutionally questionable and may or may not be effective depending on the degree of voluntary citizen cooperation. To effectively combat the firearm crime problem, a combination of handgun controls, minimum sentences for criminal use of firearms, and reeducation of handgun owners is required. A total of 192 notes are provided. (Author summary modified)