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About the Product

Author(s) and/or Contributor(s): Saad Asad, Jessica Bailey, Adam Torson

Description: Topic analysis and evidence for the September/October 2012 LD topic. Subjects covered include the Second Amendment and the Heller decision, the relationship between gun ownership and homicide, suicide and accident rates, the effect of gun violence on marginalized communities, and much more.

File Index

TABLE OF CONTENTS……………………………………………………………………………………….. 2

Topic Analysis by Saad Asad………………………………………………………………………. 6

Topic Analysis by Jessica Bailey…………………………………………………………….. 15

Topic Analysis by Adam Torson………………………………………………………………. 23

FRAMEWORK EVIDENCE…………………………………………………………………………………. 31

2nd AMENDMENT……………………………………………………………………………………………………………………………………… 31

GUN OWNERSHIP IN THE UNITED STATES IS HIGH AND VERY CONCENTRATED…………………………… 32

A HIGH PROPORTION OF GUNS ARE LONG GUNS USED PRIMARILY FOR HUNTING OR TARGET SHOOTING, AND GUN OWNERSHIP IS HIGHER IN RURAL AREAS…………………………………………………………………………………………… 33

AFFIRMATIVE EVIDENCE…………………………………………………………………………………. 34

IT IS A MISCONCEPTION THAT MOST PEOPLE WHO COMMIT MURDER ARE FORMER CRIMINALS WHO SHOULD NOT HAVE BEEN ABLE TO PURCHASE A GUN UNDER EXISTING LAWS…………………………………………………………………………. 34

MANY PEOPLE ARE KILLED OR INJURED BY GUNS IN THE UNITED STATES…………………………………… 35

GUN ATTACKS ARE MORE LETHAL THAN OTHER FORMS OF VIOLENCE…………………………………………. 36

THE BALANCE OF THE EVIDENCE SUGGESTS THAT HIGHER GUN OWNERSHIP LEADS TO HIGHER HOMICIDE RATES 37

FIREARM HOMICIDES ARE VERY COMMON IN THE UNITED STATES………………………………………………… 38

THE UNITED STATES HAS A SIGNIFICANTLY HIGHER RATE OF FIREARM HOMICIDE AMONG YOUTH THAN OTHER COUNTRIES…………………………………………………………………………………………………………………………………………………………………… 39

GUNS ESCALATE VIOLENT CRIMES COMMITTED IN A MOMENT OF PASSION OR RAGE………………… 40

GUNS CONTRIBUTE TO A HIGHER MURDER RATE OVERALL……………………………………………………………. 41

FIREARMS MAKE IT EASIER FOR ABUSERS TO KILL THEIR VICTIMS…………………………………………………. 42

FIREARMS ARE USED BY DOMESTIC BATTERERS TO INTIMIDATE AND CONTROL VICTIMS…………. 43

LAW ENFORCEMENT AGENCIES ALMOST UNIFORMLY ENDORSE BANNING CERTAIN ASSAULT WEAPONS 44

SINCE THE EXPIRATION OF THE AWB POLICE OFFICER HOMICIDES HAVE INCREASED SIGNIFICANTLY 45

STATISTICS ON DEFENSIVE GUN USES SUFFER FROM METHODOLOGY PROBLEMS……………………. 46

THE HELLER DECISION DOES NOT DEFINITIVELY ESTABLISH AN INDIVIDUAL RIGHT TO OWN ASSAULT WEAPONS 47

GUN CONTROL ADVOCATES BELIEVE THAT THE CONTEXT OF THE SECOND AMENDMENT SUGGESTS THAT IT ONLY APPLIES TO STATE ORGANIZED MILITIAS………………………………………………………………………………………………………………….. 48

READING THE SECOND AMENDMENT TO CONFER A CONSTITUTIONAL RIGHT TO GUN OWNERSHIP MAKES THE AMENDMENT OBSELETE………………………………………………………………………………………………………………………………………………… 49

THE SUPREME COURT’S MISINTERPRETATION OF THE HISTORICAL EVIDENCE IN HELLER LED IT TO DECIDE THE CASE WRONGLY………………………………………………………………………………………………………………………………………………… 50

JUSTICE SCALIA’S MISINTERPRETATION OF EARLY CONSTITUTIONAL SCHOLARS LEAD THE COURT TO DECIDE HELLER WRONGLY………………………………………………………………………………………………………………………………………………… 51

THE FRAMERS OF THE 14th AMENDMENT SHARED THE FOUNDERS VIEW THAT THE RIGHT TO BEAR ARMS WAS LIMITED BY THE MILITIA PREAMBLE………………………………………………………………………………………………………………………………….. 52

EARLY THEORISTS BELIEVED THAT REGULATION OF GUN USE WAS AN INDISPENSABLE PART OF PROTECTING GUN RIGHTS…………………………………………………………………………………………………………………………………………………………………… 53

THE IDEA THAT THE SECOND AMENDMENT COULD RIGHTFULLY PRESERVE THE ABILITY TO OVERTHROW THE GOVERNMENT IS ABSURD……………………………………………………………………………………………………………………………………………….. 54

ALLOWING THE POSSESSION OF ASSAULT WEAPONS UNDERMINES FREEDOM BY INCENTIVIZING GOVERNMENT SURVEILLANCE……………………………………………………………………………………………………………………………………….. 55

HAVING GUNS IN THE HOME INCREASES THE LIKELIHOOD OF ACCIDENTS…………………………………… 56

CHILDREN ARE PARTICULARLY VULNERABLE TO ACCIDENTAL GUN DEATHS IN THE UNITED STATES 57

ACCIDENTAL INJURIES WHILE HANDLING GUNS IS COMMON………………………………………………………….. 58

MANY PEOPLE USE FIREARMS TO COMMIT SUICIDE………………………………………………………………………….. 59

MANY SUICIDES WITH FIREARMS ARE COMMITTED DURING A TEMPORARY CRISIS AND THE VICTIMS ARE AMBIVALENT ABOUT KILLING THEMSELVES…………………………………………………………………………………………………………………………….. 60

GONE PREVELANCE CORRELATES STRONGLY TO SUICIDE RATES………………………………………………… 61

THE NEGATIVE EFFECTS OF GUN VIOLENCE REACH FAR BEYOND ITS IMMEDIATE VICTIMS……….. 62

THERE ARE LARGE AND WIDELY DISTRIBUTED COSTS TO GUN VIOLENCE…………………………………… 63

THE VICTIMS OF GUN VIOLENCE ARE DISPROPORTIONATELY PEOPLE OF COLOR AND ECONOMICALLY DISADVANTAGED 64

NEGATIVE EVIDENCE………………………………………………………………………………………. 65

BANNING ASSAULT WEAPONS WILL ALWAYS BE INEFFECTIVE WHEN THE NUMBER OF GUNS IN CIRCULATION IS ALREADY VERY LARGE……………………………………………………………………………………………………………………………………………. 65

STUDIES SHOW THAT GUN CONTROL LAWS ARE DRAMATICALLY INEFFECTIVE…………………………… 66

EXPIRATION OF THE ASSAULT WEAPONS BAN DID NOT GENERATE A NOTICABLE INCREASE IN GUN CRIME, AND LEGALIZED WEAPONS USED FOR MANY LEGITIMATE PURPOSES………………………………………………………………………… 67

GUN CONTROL LAWS WOULD NOT HAVE PREVENTED JARED LOUGHNER’S MASS SHOOTING IN ARIZONA 68

VIRTUALLY ALL STUDIES SHOWING A CORRELATION BETWEEN GUN POSSESSION AND CRIME FAIL TO TRACK GUN POSSESSION PROPERLY……………………………………………………………………………………………………………………….. 69

THE ONLY STUDIES THAT FIND A CORRELATION BETWEEN HIGHER GUN OWNERSHIP AND HIGHER CRIME RATES FAIL TO CONTROL FOR COUNDING VARIABLES; WHEN YOU CONTROL FOR THESE VARIABLES, THERE IS NO CORRELATION 70

A PROPERLY CONDUCTED STUDY SHOWS A NEGATIVE CORRELATION BETWEEN GUN OWNERSHIP AND CRIME 71

THE AWB CAN ONLY HOPE TO MARGINALLY AFFECT THE LETHALITY OF LEGAL FIREARMS……….. 72

THE AWB LEFT A NUMBER OF GUNS ON THE MARKET THAT WERE MORE DANGEROUS THAT THE GUNS IT BANNED 73

AWB PROVISIONS BANNING CERTAIN COSMETIC FEATURES BEAR LITTLE RELATION TO A GUN’S ACTUAL DANGER 74

THE AWB WAS SO WATERED DOWN THAT IT WAS ALMOST COMPLETELY INEFFECTUAL…………….. 75

COMPLIANCE WITH THE AWB WAS VERY LOW……………………………………………………………………………………. 76

THE AWB REGULATES SUCH A SMALL NUMBER OF GUNS THAT ITS EFFECT ON CRIME IS NEGLIGIBLE AT BEST 77

THE AWB IS SO CONTROVERSIAL THAT THE POLITICAL CAPITAL REQUIRED FOR RENEWAL TRADES OFF WITH MOMENTUM FOR MORE MEANINGFUL MEASURES…………………………………………………………………………………………………………… 78

THERE IS A CONSTITUTIONAL RIGHT TO OWN ASSAULT WEAPONS BECAUSE THEY ARE SUFFICIENTLY COMMON INSTRUMENTS OF SELF-DEFENSE………………………………………………………………………………………………………………………………….. 79

SEMI-AUTOMATIC WEAPONS DO NOT HAVE QUALITIES THAT CLEARLY DISTINGUISH THEM FROM GUNS WHICH ARE CLEARLY CONSTITUTIONALLY PROTECTED…………………………………………………………………………………………………………. 80

THERE IS NO COMPELLING EVIDENCE THAT STRICT GUN CONTROL REDUCES VIOLENCE………… 81

GUN RIGHTS ADVOCATES BELIEVE THAT THE SECOND AMENDMENT GUARANTEES AND INDIVIDUAL RIGHT TO GUN OWNERSHIP…………………………………………………………………………………………………………………………………………….. 82

THE COLLECTIVE RIGHT THEORY OF THE SECOND AMENDMENT DOES NOT MAKE SENSE………… 83

THE MOST OBVIOUS READING OF THE CONSTITUTION’S TEXT SUPPORTS THE IDEA THAT GUN POSSESSION ARE AN INDIVIDUAL RIGHT…………………………………………………………………………………………………………………………………… 84

THE SECOND AMENDMENT AT LEAST PROTECTS THE RIGHT TO POSSESS WEAPONS THE MILITA WOULD USE 85

GIVEN THE PURPOSE OF THE SECOND AMENDMENT IT MUST PROTECT POSSESSION OF THE TYPES OF WEAPONS NECESSARY TO STAVE OFF DOMESTIC TYRANNY…………………………………………………………………………………………………….. 86

AS A RULE OF CONSTRUCTION RIGHTS GUARANTEES ARE CONSTRUED LIBERALLY, ESPECIALLY WHEN THEY ARE EXPLICIT AS IN THE SECOND AMENDMENT…………………………………………………………………………………………………………. 87

THE COURT SHOULD APPLY STRICT SCRUTINY TO THE FEDERAL ASSAULT WEAPONS ACT, A TEST WHICH IT WOULD FAIL 88

GUN RIGHTS ADVOCATES BELIEVE THAT THE SECOND AMENDMENT GUARANTEES AND INDIVIDUAL RIGHT TO GUN OWNERSHIP…………………………………………………………………………………………………………………………………………….. 89

THE COLLECTIVE RIGHT THEORY OF THE SECOND AMENDMENT DOES NOT MAKE SENSE………… 90

THE MOST OBVIOUS READING OF THE CONSTITUTION’S TEXT SUPPORTS THE IDEA THAT GUN POSSESSION ARE AN INDIVIDUAL RIGHT…………………………………………………………………………………………………………………………………… 91

THE SECOND AMENDMENT AT LEAST PROTECTS THE RIGHT TO POSSESS WEAPONS THE MILITA WOULD USE 92

GIVEN THE PURPOSE OF THE SECOND AMENDMENT IT MUST PROTECT POSSESSION OF THE TYPES OF WEAPONS NECESSARY TO STAVE OFF DOMESTIC TYRANNY…………………………………………………………………………………………………….. 93

AS A RULE OF CONSTRUCTION RIGHTS GUARANTEES ARE CONSTRUED LIBERALLY, ESPECIALLY WHEN THEY ARE EXPLICIT AS IN THE SECOND AMENDMENT…………………………………………………………………………………………………………. 94

THE COURT SHOULD APPLY STRICT SCRUTINY TO THE FEDERAL ASSAULT WEAPONS ACT, A TEST WHICH IT WOULD FAIL 95

SEMI-AUTOMATIC WEAPONS ARE RARELY USED FOR CRIME, SO THE GOVERNMENT’S INTEREST IN BANNING THEM IS ILLUSORY…………………………………………………………………………………………………………………………………………………. 96

BECAUSE GUN OWNERSHIP IS AS FUNDAMENTAL A RIGHT AS FREE SPEECH, ANY REGULATION THAT DIRECTLY BURDENS IT OR IS OVERBROAD SHOULD BE UNCONSTITUTIONAL……………………………………………………………………….. 97

BANNING SEMI-AUTOMATIC WEAPONS FAILS A STRICT SCRUTINY TEST……………………………………….. 98

BANNING SEMI-AUTOMATIC WEAPONS IS INSUFFICIENTLY PRECISE TO MEET THE REQUIREMENTS OF STRICT SCRUTINY 99

HISTORICAL RESEARCH SUPPORTS THE STANDARD VIEW OF THE SECOND AMENDMENT; THE MILITIA CLAUSE DOES NOT PLACE A RESTRICTION ON THE ENUMERATED RIGHT TO BEAR ARMS…………………………………………. 100

AS AFFIRMED IN HELLER, THE SECOND AMENDMENT WAS DESIGNED TO CODIFY A COMMON LAW RIGHT TO GUN OWNERSHIP…………………………………………………………………………………………………………………………………………………………………. 101

A LARGE PROPORTION OF GUN SALES PASS THROUGH ILLEGAL CHANNELS ALREADY…………… 102

THERE ARE ALREADY MANY FEDERAL REGULATIONS ON GUN OWNERSHIP……………………………… 103

GUN POSSESSION DETERS CRIME…………………………………………………………………………………………………….. 104

COMPARISONS BETWEEN CITIES AND BETWEEN COUNTRIES SUGGEST THAT PERMISSIVE GUN OWNERSHIP REGULATIONS CORRELATES TO LOWER CRIME RATES……………………………………………………………………………………………. 105

STRICT GUN CONTROL REGULATIONS ONLY RESTRICT ACCESS TO LAW-ABIDING CITIZENS…… 106

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If you do not want to order online, and would prefer to send in your order using email, fax, mail or phone, download and print the ORDER FORM.

If you have questions, please email help@victorybriefs.com or call 310-472-6364.