Instructor: Peter Ingenhutt
February 12, 2012
Are there any legitimate restrictions on gun ownership?
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. Gun ownership is a really more of a privilege than a right. A privilege earned by being a responsible citizen. Some say no matter what acts, how heinous the may be, should not deny anyone the right to gun ownership. Even though it is every American has the right to bear arms there are dastardly deeds that can be done by an individual that can strip this right. Not being a law abiding, mentally responsible citizen constitutes legitimate reasons for gun ownership restrictions. Part I: Argument
Even though gun ownership is a constitution right it should be restricted for a select group of individuals for a limited number of defined reasons. These limitation need to be instituted in order to maintain order and the protection of United States citizens from those who abuse this right with malice intent along with those who are law abiding and choose to bear arms under the second amendment. Many states have secure legitimate reasons for who and how ownership is restricted. Some of these reasons include: * The person has been adjudged legally incapacitated in this state or elsewhere. * The person is under an order of involuntary commitment in an inpatient or outpatient setting due to mental illness. * A felony charge or a criminal charge against the person is pending at the time of. including:
* Domestic abuse
* Assault and battery
* Felony drug distribution
* Armed robbery
* Illegal firearms sales
* Rape or sexual abuse
* Terrorism (As define by the United State Home Land Security Act)
* The person is not a citizen of the United States.
* The person is not 18 years of age or older.
To back these above claims are examples of the requirements for pistol ownership in the state of Michigan. In Michigan, a person "shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol," as prescribed in MCL 28.422. These licenses shall be obtained by the local police agency. The police authority will check for any criminal record at both the state and national level. An applicant must comply with all state and federal laws prior to the issuance of the license. The following are state and federal laws that prohibit an individual from receiving a license: * MCL 28.422 Probable cause to believe that the applicant would be a threat to himself or herself or to other individuals, or would commit an offense with the pistol that would violate a law of this or another state of the United States. * The person is not subject to an order or disposition for which he or she has received notice and an opportunity for a hearing, and which was entered into the Law Enforcement Information Network pursuant to any of the following: * MCL 330.1464a - Involuntary hospitalization or alternative treatment program * MCL 700.444a - Legally incapacitated (now MCL 700.5107) * MCL 600.2950 - Personal Protection Order
* The Personal Protection Order must be active. Inactive PPOs will stay on file for five years for historical purposes. * MCL 600.2950a - Stalking
* MCL 552.14 - Restraining Order
* MCL 765.6b - Release subject to protective conditions
* MCL 769.16b - Not guilty by reason of insanity
* Under 18
* Not a U.S. citizen or resident alien and a resident of Michigan * Prohibited from possessing, using, transporting, etc. under MCL 750.224f * Adjudged insane in this state or elsewhere, unless restored to sanity by court order * Under an order of involuntary commitment in an...