Mgt401 slides
- 1. GROUP ASSIGNMENT- MGT 401 THE SECOND AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES Anuvrat Agarwal Nurul Abyana Binte Saifullizam Riddhiman Sarawgi Sanya Satpathy
- 2. Presentation Outline Introduction Ethical Issues- Law & Solutions Summary Proposal Q & A
- 3. Introduction The Second Amendment “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.”
- 4. Why the second amendment? Modern debates about the Second Amendment have focused on whether it protects a private right of individuals to keep and bear arms, or a right that can be exercised only through militia organizations like the National Guard. We examine the issues concerning the legality and ethicality of the Second Amendment right to bear arms. The approach we'd like to take would be towards making technical changes to the constitution as through a consensus of our group members we stand quite against the current scenario.
- 5. 3 Types of Guns Long Guns- primarily associated with hunting. Handguns- commonly owned & frequently used in crime. Assualt Weapons- designed to shoot a large number of people quickly.
- 6. ETHICAL ISSUES TO CONSIDER
- 7. #1 Unintentional Shootings & Suicides It is found that the requirement that lawful firearms be disassembled or bound by a trigger lock made it impossible for citizens to effectively use arms for the core lawful purpose of self-defense, and therefore violated the Second Amendment right, as the arms were not ready to be fired given a security breach in the state, however on the other hand the regulations are also proven to reduce the accessibility of crimes or mistaken damages. FINDING The ethical concern lies in making a decision whether the violation of the second amendment is more important than the regulation of the act. ETHICAL CONCERN
- 8. Deaths from firearms in the US, 2018 (%) There were 39,740 deaths from firearms in the U.S. in 2018. 61% of deaths from firearms in the U.S. are suicides. In 2018, 24,432 people in the U.S. died by firearm suicide. Firearms are the means in approximately half of suicides nationwide. Suicide 61.5% Homicide 35.3% Legal Intervention 1%
- 9. What the law says? Under current federal law, licensed dealers are required to run background checks on all gun purchases prior to making sales. But this law does not apply to private gun transactions between individuals either in person or online, potentially providing a “loophole” for prohibited persons to legally obtain firearms. As for the efforts made, the assault rifle bans and holistic background checks, and verification to be considered crucially in the process of buying guns must be filtered as suggested by the current democrats.
- 10. Proposed Solutions “If we can set it up so you can’t unlock your phone unless you’ve got the right fingerprint,” President Barack Obama asked in January 2013, “why can’t we do the same thing for our guns?” More than five years and too many tragedies later, guns aren’t much smarter now than they were earlier. SMART GUN TECHNOLOGY Mental health institutions and helplines must keep track of the whereabouts of individuals and their stance of ownership of a firearm. DATA FOR ACCOUNTABILITY By increasing the accountability and the presence of a functional data set that holds each individual responsible for their guns. FILTERING THE PROCESS OF BUYING GUNS
- 11. #2 Ease of acquiring arms & Eligibility Criteria Firearms can be bought from official firearm stores, big-box retailers like Walmart, gun shows, private sellers or can be received as gifts. Ammunition can be bought without permit and can be ordered online in bulk. FINDING A vast majority of guns used in homicides/mass shootings were bought legally and with a federal background check. Most of the gunmen had criminal histories or documented mental health problems that did not prevent them from obtaining their weapons. ETHICAL CONCERN
- 12. L e g a l l y O b t a i n e d I l l e g a l l y O b t a i n e d U n k n o w n S o m e l e g a l l y a n d o t h e r s p o s s i b l y i l l e g a l l y 100 75 50 25 0 Number of mass shootings in the US by legality of shooter's weapons 1982- March 2021*
- 13. What the law says? Must be above the age of 18 for buying shotguns and rifles Must be above the age of 21 to buy handguns and other firearms. Have not been convicted for more than 1 year, misdemeanors carrying sentences of more than 2 years Includes domestic abuse and restraining orders Must not have been found guilty of unlawful possession or use of controlled substances within the past year. Must not have been declared by a court as mental defectives or have been committed to a mental institution Everyone purchasing a firearm is required to undergo the National Instant Criminal Background Check System, also known as NICS. Eligibility Criteria to purchase firearms:
- 14. Issues with Current Law “Default” proceeds (Charleston loophole) Background checks are not thorough enough to ensure whether buyer is Private Sellers are not obligated to check the eligibility of buyers. Guns can easily be stolen from family members etc. Background checks are not required when purchasing guns from gun shows Gun shows are hosted very often and are often accessible to most Americans) There were efforts to eliminate the gun show loophole in 2013 (with a bill that would expand background checks) but it did not pass through Congress. People can be gifted guns (They might not meet the eligible criterias for owning the guns) People are able to get ahold of firearms even if they do not meet the criteria to purchase as they are able to get them from other sources that do not require verification.
- 15. Proposed Solutions Directly reduce the supply of firearms Reduce the salience and normality of gun-purchasing Laws that require individuals to obtain a government-issued firearm license prior to purchasing a gun All sales proceed only after a background check has been completed and the purchaser has completed a gun safety training class, which includes instruction on methods of safe storage IMPLEMENTATION OF MORE INTENSIVE BACKGROUND CHECKS & GUN LICENSING MEASURES USE OF DOCTORS TO REDUCE GUN VIOLENCE ELIMINATE FUNDING RESTRICTIONS FOR GUNVIOLENCE RESEARCH STOP LEGAL IMMUNITY FOR GUN MAUFACTURERS MARKETING RESTRICTIONS
- 16. #3 Use of Arms for Other Crimes Firearms are used far more often to frighten and intimidate than they are used in self-defense. All reported cases of criminal gun use, as well as many of the so-called self-defense gun uses, appear to be against the interests of society. Guns in the home are used more often to frighten intimates than to thwart crime; other weapons are far more commonly used against intruders than are guns. Young people were far more likely to be threatened with a gun than to use a gun in self-defense, and most of the reported self-defense gun uses were hostile interactions between armed adolescents. Using data from a national random-digit-dial telephone survey conducted under the direction of the Harvard Injury Control Center, we found that 1. 2. 3. FINDING
- 17. Other Crimes include- NON GUN HOMICIDE ROBBERY ASSUALT RAPE BURGLARY LARCENY & GRAND LARCENY AUTO THEFT DOMESTIC ABUSE GANG FIGHTS INTIMIDATION
- 18. What the law says? California Penal Code 417 Charged with a felony and a jail term (PC 417(a)(2)(A)): Brandishing an unloaded firearm If you use an unloaded firearm such as a pistol or revolver to threaten someone in public, the sentence increases to a minimum of 90 days and up to one year in county jail and/or a fine of up to $1000.00. (PC 417(b); PC 417.3): Brandishing a loaded firearm In certain cases, if you threaten someone with a loaded firearm, you can be charged with a felony and you could face from 16 months to 3 years in county jail. Crimes and Criminal Procedure defined under US Code Title 18.
- 19. Proposed Solutions Firearm prohibitions for high-risk groups- domestic violence offenders, persons convicted of violent misdemeanor crimes, and individuals with mental illness who have been adjudicated as being a threat to themselves or to others. FIREARM PROHIBITIONS
- 20. #4 Misuse of the Self-Defence Law Results in people being arrested, pending investigation when they try defending themselves with a deadly firearm. People who try and defend themselves by using guns are usually not trained well and end up in compromising situations. In many cases of self defense, the gun being used in the situation is illegally acquired. Self-defense gun use is rare and not more effective at preventing injury than other protective actions. FINDING
- 21. What the law says? Act reasonably. Retreat if possible without taking any physical action. Use the amount of force reasonably necessary to fend of attacker. Even in states that require a person to retreat from the threat of imminent harm before defending themselves, a person can often use deadly force against someone who unlawfully enters their home. What is traditional self-defense according to the law? Castle Doctrine Law
- 22. #5 Mass Shootings According to statistics, there were more mass shootings than days in 2019. In total there were 417, which involved 31 mass murders. Mass shootings can be related to relaxed eligibility laws as discussed prior. Related to mental disorders in regards to the assailant in these situations. Related to failure of government background checks due to incomplete data-bases or staff shortages. Usually occurs in a situation where the assailant has a history of being bullied in the school or workplace and wants attention and media noteritory. Categorized as an event where one or more individuals take the life of 4 or more individuals by the use of firearms. FINDING
- 23. What the law says? The US had banned the sale of assault weapons in 1994 in various states. But is it enough?
- 24. Proposed Solutions BANNING HIGH-CAPACITY MAGAZINES INCREASE FUNDING FOR RESEARCH INTO GUN VIOLENCE UNIVERSAL BACKGROUND CHECKS GUN VIOLENCE RESTRAINING ORDERS & RED FLAG LAWS HAVING STUDENTS/FACULTY/STAFF REPORT POTENTIAL THREATS
- 25. What are the main points from the issues raised? IN SUMMARY
- 26. #1 Purpose of the Second Amendment lost? FLAWED PEOPLE WHO WROTE A FLAWED DOCUMENT? ARMS IN 1791 AND 2021
- 27. #2 Second Amendment- Is it about Liberty? LIBERTY IS A TWO-WAY STREET
- 28. #3 More Guns, More Crime GUN OWNERSHIP STOPS CRIME- FALSE BELIEF THAT MAKES IT EASY TO OWN AND KEEP FIREARMS OVER 30 STUDIES SHOW- GUNS ARE LINKED TO MORE CRIME
- 29. #4 "Guns don't kill people, people do."
- 30. OUR PROPOSAL
- 31. IT'S TIME TO REPEAL THE SECOND AMENDMENT BUILD INFRASTRUCTURE TOWARDS STRICTER MEASURES REPEAL THE SECOND AMENDMENT
- 32. ANY QUESTIONS?
- 33. THANK YOU !
- 34. References Ayres, I., Shelley, Z., & Vars, F. E. (2020). The Walmart Effect: Testing Private Interventions to Reduce Gun Suicide. The Journal of Law, Medicine & Ethics, 48(S4), 74–82. https://doi.org/10.1177/1073110520979404 Center for American Progress. (2020, July). Center for American Progress; Center for American Progress.https://www.americanprogress.org/issues/guns- crime/reports/2020/07/08/486292/dangerous-gaps-gun-laws-exposed-coronavirus-gun-sale-surge/ David, & DeGrazia, David. (2014). Handguns, Moral Rights, and Physical Security. Journal of Moral Philosophy. doi 10.1163/17455243-4681055. 10.1163/17455243-4681055. https://philosophy.columbian.gwu.edu/sites/g/files/zaxdzs1676/f/downloads/On%20the%20Ethics%20of%20American%20Handgun%20Ownership.pdf Duggan, M. (2000). More Guns, More Crime. https://doi.org/10.3386/w7967 https://www.kellogg.northwestern.edu/faculty/dranove/htm/dranove/coursepages/Mgmt%20469/guns.pdf FastStats - suicide and Self-inflicted injury. (2021, March 01). Retrieved March 26, 2021, from https://www.cdc.gov/nchs/fastats/suicide.htm Gregory, S., & Wilson, C. (2018, March 22). Gun violence in the u.s.: 6 real ways we can help reduce it. Retrieved March 26, 2021, from https://time.com/5209901/gun-violence-america-reduction/ Gun threats and self-defense gun use. (2016, June 30). Retrieved March 27, 2021, from https://www.hsph.harvard.edu/hicrc/firearms-research/gun-threats- and-self-defense-gun-use-2/ Deutsche Welle (www.dw.com. (2020). 8 facts about gun control in the US | DW | 20.01.2020. DW.COM. https://www.dw.com/en/8-facts-about-gun-control- in-the-us/a-40816418 Smith, A. (2015, June 19). This is how easy it is to buy guns in America. CNNMoney. https://money.cnn.com/2015/06/19/news/guns-background- checks/index.html The second amendment. (n.d.). Retrieved March 26, 2021, from https://constitutioncenter.org/interactive-constitution/interpretation/amendment- ii/interps/99 Wallin, P. (2017, January 16). Brandishing a Weapon, Gun or Firearm - California Penal Code 417 PC. Wallin & Klarich. https://www.wklaw.com/brandishing-a- weapon-california-pc-417/ Web-based Injury Statistics Query and Reporting System (WISQARS). Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; 2018. Facts and figures. (n.d.). Retrieved March 29, 2021, from https://health.ucdavis.edu/what-you-can-do/facts.html