Gun Control Act of 1968 - Essay Sample

Introduction

The Gun Control Act of 1968, also known as the GCA or GCA68, refers to federal law in the United States, passed in 1968 to regulate industries involved in firearm production as well as gun owners (Zimring, 1975). The law mainly focuses on the regulation of commercialization of firearms across states. In further details, the law primarily focuses on prohibiting transfer of firearms across states, except where such transfers involved licensed manufacturers, importers or dealers Zimring, 1975). President Lyndon B Johnson signed this Gun Control Act into law on the 22nd of October 1968, making it Title I of federal firearms laws in the United States. In this paper we shall discuss historical background of the firearms law, how it is involved in checks and balances as well as voting and election process.

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This Gun Control Act of 1968 is widely linked to the turmoil witnessed in the US in the 1960s-with the shhoting of President John F Kennedy in 1963 followed by urban riots and the shhoting of Dr. Martin Luther King Jr. (Vizzard, 2009). The shooting of President Kennedy is regarded as the most influential scenario to the passing of the act, considering the outrage that came after it, demanding immediate congressional action.

Historical and Constitutional Background

As mentioned, the assassination of President Kennedy fueled most of the reasoning to pass the Gun Control Act, having been assassinated by a rifle believed to have been purchased by mail-order. Immediately, the congressional hearings that followed banned gun sales done through mail-order, although no law was passed until 1968 (Blendon, 2006). The NRA, through its vice president-Franklin Orth-, supported the ban at the hearings, particularly due to the assassination incident.

In the United States, following the English common law, the right to bear arms was recognized even before the written constitution was created. This recognition comes from the rebellion of the colonialists, of the Thirteen Colonies, against British control during the American Revolution (Blendon, 2006). At the time of the revolution, the colonists cited the English Bill of Rights of 1689 as an example, which allowed them the right to bear arms. These rights have since been protected by the second amendment to the constitution, making it part of the Bill of Rights-a law which is equally recognized across States (Blendon, 2006).

The gun industry has a long history with the US government; during the revolution, the US government was compelled to depend on foreign weapons. At the time, President George Washington sought to make sure that the new republic had an industry for arms (Blendon, 2006). As a result of inspiration from European practice, the president, and his successor after him, built public arsenals to produce firearms. During the time, the government offered significant startup funds, tariffs against foreign manufacturers as well as steady contracts for federal manufacturers (Blendon, 2006). Additionally, the government provided robust patents, tools, and knowledge for federal manufacturers. The gun industry continued to grow, especially after the 1812 war and the US Mexican War, not to mention the perpetual conflicts with Native Americans. As a result, the US emerged as world-class producers of firearms, acquiring international reputation in the process.

Even as guns became more available in the US, it still did not occur that it would need regulation at the time; not until the rampant assassinations in the 1960s. The bill, then considered highly controversial, precipitated both emotional debates and ferocious politics after it was first championed by Democrat senator of Connecticut-Senator Thomas Dodd. Although the bill failed twice: in 1963 and 1965 (under President Johnson), further intensification of efforts by the administration ensured it passed in 1968. At the time, to ensure the bill passed, President Johnson allegedly reproached Congress publicly to enact his gun control policy.

Checks and Balances

With proposed gun control legislation, American lobbyists have long advocated for stricter gun regulation laws. More stringent laws would, therefore, mean that there would be types of guns disallowed for purchase, there would be a change in the waiting period to purchase a gun, and there would also be a need for education regarding gun use (Caplan, 2016). Regarding the types of firearms allowed, the law requires that firearms are reclassified to disallow carbines and rifles since they do convincingly form a defensive last resort-rather, they are more of an offensive weapon.

Regarding waiting periods, some States allow purchase of guns within less than an hour, making it quite easy to get hold of a gun. However, the gun regulation policy requires that the waiting periods be increased reasonably to allow for more thorough background checks before allowing purchases (Caplan, 2016). Increasing waiting periods has been argued to be one of the best ways of reducing crimes of passion, which commonly uses guns purchased in the heat of the moment.

Finally, amendments to the gun regulation laws today require that gun owners need to at least undergo gun safety education before being allowed to bear arms (Caplan, 2016). Educating people on gun safety turns out to be the best way to prevent violence and accidents, with children taught about safety and dangers of guns.

Public Policy, Elections and Media

Today in America, gun control has become one of the most divisive issues in politics. With each mass shooting, antagonism grows exponentially between both sides of the argument of gun control. In a country where 88 percent of adult population own guns, proponents of stricter regulations fear for their safety. Surveys reveal that more than 100,000 Americans are shot each year, with the Brady Campaign estimating that close to 114,994 people die from gun violence each year, including murders, police interventions, accidents and suicides (Singh, 2008). Opponents of gun regulation policies, on the other hand, also fear the loss of safety, claiming that restriction of guns would deprive citizens of the means to protect themselves.

Apart from being pivotal in politics, gun control policies have also been pivotal in elections. For instance, as seen in the 2018 midterm election, some of the most crucial sentiments that influenced the elections included the mass shootings in Florida among other gun violence across the country (Singh, 2008). Although Democrats did not prominently call for repealing of the second amendment, the gun massacre in Florida spurred a push by a majority of citizens for firearm restrictions. However, since Democrats supported similar sentiments while Republicans opposed it, the lines had been drawn. As a result, political campaigns became shaped along the lines of gun violence; young activists thronged rallies, fighting for gun restrictions, hence influencing a huge turnout in the elections, especially among young people.

Although facts about gun policies are elusive, they have turned out to be divisive across the US. Within the media, coverage has been far-reaching to support stricter legislation. Most publications on gun control policies have been found to be editorials rather than articles. The media has been critical in emphasizing the value of prevention in all issues pertaining to gun violence (Spitzer, 2015). They have been focusing on upstream approaches to prevention to further help in aligning their agenda and public opinion on available approaches that are most effective.

Voting and the Election Process

Taking an example of the most recent election in the US-the Midterm elections-most of the registered voters felt influenced by candidates' position on gun laws, rather than the age-old republican versus democrat ideology. Such views have since caused major shifts in views for both democrats and republicans alike. Most recent surveys show that close to two-thirds of Republican voters prefer protecting gun rights as a priority while one-third view controlling gun violence as a priority. With more intense campaigns against gun violence-teenagers holding rallies in town halls and streets-voters still believe in candidates who want certain gun control measures (Potters, 2018). This belief has since shown a trend in how gun control policies have influenced voting and election processes.

Surveys show that, during the midterm elections, Democrats and independent voters pledged support to candidates who wanted stronger gun laws. On the other side, Republicans opposed such candidates. It, therefore, meant that candidates in famously blue states had better support if they supported more restriction on gun laws while Republicans in famously red states had better support if they supported protection of gun rights (Potters, 2018). Towards the 2018 Midterm elections, broad bipartisanship was reported regarding requirement of background checks during purchases. Surveys conducted a few days to the election showed that almost 86 percent of registered voters preferred candidates who would lobby for and implement stricter measures (Lott, 2013). On the issue of background checks, citizens-regardless of political affiliation-seemed to support stricter background checks. The survey showed that close to 85 percent of Democrats, close to 83 percent of Republicans and another 83 percent of gun owners supported stricter background checks.

Conclusion

In conclusion, since the assassination of President Kennedy in the 1960s, gun control policies have been influential in government policing in general. Gun policies have been pivotal in elections and public policy, especially with the strong involvement of the public and media houses. The laws have been seen to influence major elections such as the 2018 midterm elections, where Democrats-who seemed to be lobbying for stricter laws-managed more support from their Democrat voters as well as independent voters. With the help of media involvement, gun control policies have been increasingly essential in checks and balances, with lobbyists exploiting the situation and introducing policies for the same. For instance, some of the most critical legislation on checks and balances have involved increasing waiting time during purchase of firearms. Another course for amendment has been involving introduction of stricter background checks and education on gun safety across schools.

References

Blendon, R. J., Young, J. T., & Hemenway, D. (2006). The American public and the gun control debate. JAMA, 275(22), 1719-1722.

Caplan, D. I. (2016). Restoring the Balance: The Second Amendment Revisited. Fordham Urb. LJ, 5, 31.

Lott, J. R. (2013). More guns, less crime: Understanding crime and gun control laws. University of Chicago Press.

Potters, J., & Sloof, R. (2018). Interest groups: A survey of empirical models that try to assess their influence. European journal of political economy, 12(3), 403-442.

Singh, R. (2008). Gun control in America. The Political Quarterly, 69(3), 288-296.

Spitzer, R. J. (2015). Politics of gun control. Routledge.

Vizzard, W. J. (2009). The Gun Control Act of 1968. . Louis U. Pub. L. Rev., 18, 79.

Zimring, F. E. (2015). Firearms and federal law: the Gun Control Act of 1968. The Journal of Legal Studies, 4(1), 133-198.