by Elizabeth M Young

Created on: September 19, 2009   Last Updated: September 20, 2009

Gun ownership is a right and a privilege. American standards for protecting the rights of citizens to own guns are of the highest in the world. But gun ownership has elements that are out of control. The vast majority of gun discharges in America result in homicide, suicide and accidental death.

The majority of individuals who own and use guns for sport hunting tend to know what they are doing, know the hazards of handling guns in irresponsible fashion, and know the hazards of handling guns while under the influence of drugs or alcohol. Gun collectors are very protective and appreciative of their specialized, custom, vintage and very expensive weapons.

Target shooters who shoot for competition and to stay proficient, responsibly fire at gun ranges where there is monitoring, safety procedure and control over the handling and discharge of lethal weapons.

Sadly, too many individuals who are not trained, mentally stable, responsible, or sufficiently educated, have far too much access to far too many guns. In many homes, the weapons are not locked up, properly secured, properly maintained or legally obtained. Weapons are stolen, traded, and lost without any accountability. Many of those weapons end up being used to commit crimes such as robbery, carjacking, and kidnapping.

Additionally, far too many guns are manufactured with an excess of firepower and capacity. These guns are heavy, have the kick of a mule, and are incredibly inaccurate in the hands of inebriated or unskilled shooters. The mistaken impression (obtained by watching television or the movies) is that high capacity, high power weapons are a breeze to whip around and fire with immediate and deadly accuracy.

The reality may actually save lives, as many unskilled shooters tend to miss their targets and expend their supply before they actually hurt or kill anyone.

Gun control initiatives are not new. The first initiatives were enacted in 1938, to prohibit private ownership of fully automatic weapons, or "machine guns". In 1938, gun sellers had to be licensed and violent felons were prohibited from owning guns. No new laws were enacted until 1968, when expanded restrictions included the mentally ill, more classes of felons, minors and others. Imported guns came under regulation and dealer licensing requirements were expanded.

Eighteen years later, in 1986, mandatory penalties for using guns to commit federal crimes and prohibition of "cop killer" bullets was added.

In 1984, "The Brady Bill" was passed. A five day waiting period to allow for background checks (later overturned by the Supreme Court as a states rights issue) was implemented. Now, technology allows for instant background checks by internet and using linked computer databases.

States have implemented child access prevention and concealed weapons laws. Other state initiatives include bans on "junk" or "Saturday Night Special" guns, the Brady Bill waiting periods and other programs to regulate weapons ownership and access.

But there is a hodgepodge of differing laws that vary wildly from state to state. There may not be so much a need for more laws and regulations, unless new weapons with even more catastrophic potential. There is a serious need for continuity of law, uniformity of law, and comprehensive law that applies to all states.

The problem with applying law uniformly to all 50 states is that the "states rights" issue will come up. The only way around that would be for Americans to demand the same rights and privileges in all 50 states, including the right to be protected from whack jobs and criminals with guns.

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