The New York Safe Act Implementation - Essay Example

The New York Safe Act Implementation Introduction The New York Secure Ammunition and Firearms Enforcement Act was signed into law on 15th January 2013 by the governor of New York Andrew Cuomo. This was after it was passed into law by the Legislature of New York the same day. This Act came as an aftermath of the shooting that took place in Sandy Hook Elementary School in Newtown. The Act clearly specifies a number of regulations in the use and possession of fire arms in the conjunction with the judgment from the courts. The act on fire arm usage and ownership which is used to govern how people use fire arms and regulate their availability to ensure that the people who own the guns are responsible enough has come under criticism as it is not sufficient to curb the rising cases of insecurity and the chances of the cases similar to the one in Newtown occurring again. This chapter will explain the limitations of the Act and how it is not sufficient to reduce the probability of such cases occurring again. The Second Amendment which was done on the U.S. Constitution came to address the rights of citizens in owning and usage of firearms. The Second Amendment Challenges made by people who want the laws governing gun use cancelled have been met with continued resistance despite the courts following the calls for the Amendment closely as it comes from the public (Gosar, n.d). It is important therefore to address the advantages brought by the Second Amendment as opposed to the firearms Act that was signed into law in 2013. This section looks at these advantages and why it is important to employ better tactics of handling the gun use policy rather than implementing the already signed Act. Ownership and Use of Firearms in the United States Many people own guns legally in the United States. Others own them illegally and stand a position to be tried in a court of law for breaking the law. The ownership of guns called for regulation and the passing of the New York Secure Ammunition and Firearms Enforcement Act after the attack done at Newtown where many innocent kids got injured in the hands of an irresponsible gun owner. At this point it was evident that owning a gun came under great criticism on how the gun owners needed to hold themselves to ensure that such a scenario was not replicated. On the contrary, many people argue that the ownership of guns as governed by the Act does not stop the prevalence of such acts happening. The reason being that the people who are poised to do some destruction or criminal Activities need to be handled by armed professional security officers or militia. The disciplined forces should be given the mandate to deal with the people who are thought to be security threats and who can pose security threats and end up causing catastrophic actions like the one witnessed in Sandy Hook Elementary school. The Act does not serve to stop such actions from happening in the future. At the moment there are many people who own guns and no matter how strict the law becomes they will definitely go ahead and do some felonies. The armed militia can be the only people who can be able to handle them and counter their actions to ensure that even if they have guns, they do not use them for destructive activities. This is why I am advocating for the Second Amendment which supports the latter ideology over the New York Secure Ammunition and Firearms Enforcement Act. The Second Amendment categorically indicates states that a well-regulated militia is what is necessary to ensure that the people are secure in any given country contrary to the New York Secure Ammunition and Firearms Enforcement Act which goes for the banning of people to have guns. Merits and Demerits of the Second Amendment The Second Amendment has been seen as the better option to the firearm ownership as there are many people out there who have them and have not been using them in destructive missions except for the rare cases like the one witnessed in Newtown. The ability of people to do wrong is not held by the putting in place of the strict law like the implementation of the New York Secure Ammunition and Firearms Enforcement Act. The Second Amendment which looks at closing the loopholes in buying and advertising of guns will help in solving this problem (Gosar, n.d). The Senate was due to pass the Amendment and by the look of things it was hopeful that it would pass and help to control the buying and hence the usage rather than relying on the New York Secure Ammunition and Firearms Enforcement Act. There are many reasons which make scholars and legal practitioners to advocate for the Second Amendment over the earlier laws on firearms (Barrett, 2014). First it is important to note that criminals do not regard any law when they want to commit a felony. It is therefore not important to address the issue by putting strict laws on the usage and ownership. What should be done is to hinder the criminals from accessing firearms. Many people have been confused on the court decisions made in the Heller and McDonald Supreme Court decisions. In the Heller Case (2008), the Court said that the Second Amendment can be used to protect an individual’s right to own a gun. Under the Second Amendment, it will be legally right for a person to carry a concealed firearm with its permit and other states are supposed to acknowledge and respect the permit given in a different state. It has been hard to understand the Second Amendment. Since it does not have any exemptions it is hard for the courts to apply the existing laws on firearms to handle such cases. However, due to the introduction of the use of permits to carry and own a firearm it is now possible to establish the illegal owners of the firearms and stop them from carrying the same as they are the first suspects when a crime is committed (Vance, 2014). Since the firearms and the bullets have their registration and serial numbers, it is possible to establish which one was involved in a crime. This being the main concept behind the Amendment, it will be easier to control the use and ownership of the firearms. Shortcomings of the Second Amendment The Amendment has a number of shortcomings as it is argued that it has established no new rights. The bill of rights has the rights of the citizens against infringement by the central government. According to Vance (2014), the Second Amendment only applied to the state’s ability to maintain a militia but it has dire consequences on the rights of the normal citizens in owning firearms. Second the government has been criticized for setting the rule that one conceals or carries permit for a property bought in the country. In the bill of rights, any American has been given the constitutional rights to possess any weapon in his own property or in the property of any other person who authorizes the same (Barrett, 2014). It is therefore very wrong to establish an amendment or an act that defies the right. Lastly it is argued that in a free state, anyone would be free to possess a firearm. Though that sounds risky, it is argued that many other people have other instruments that can be used as weapons and that has not raised the number of crimes in the country. Owning of guns will not increase the number of crimes either (Vance, 2014). Conclusion Though the Second Amendment has some shortcomings, it is better in handling the issue of possession and use of firearms. Carrying of firearms when concealed and with a permit/license will ensure that only the few people who have accessed them in the right protocol will be having them. This will therefore reduce the use of illegal firearms which are mostly used in committing of crimes. The Amendment should therefore be upheld. Legalization of Marijuana in the U.S. Introduction The U.S. federal laws categorically state that the use, and possession of marijuana is illegal. Possession of marijuana includes cultivating and transporting it and the person(s) found carrying it are bound to be held culpable for the act. However, the states have been given the mandate to decriminalize marijuana if it is to be used for recreational purposes or for the various medical uses that have been approved. Marijuana holds the highest classification in the list of controlled substances in the United States mainly due to its rampant use despite its illegalization. However, in the recent past there has been much activity calling for the legalization of marijuana and many states have conformed and given way to its legalization. After the Federal Government gave the states the power to regulate its use 22 states passed its use for medical purposes. These states include Alaska, Arizona, California, Colorado, Connecticut, DC, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington (Procon.org, 2014). The legalization of marijuana for medical use in the states above has been a response to the calls for its legalization and decriminalization as it has been associated with criminal activities. Marijuana has been found to have important medical aspects and so after its legalization for use the states set the rules that will govern its cultivation and use and how it will be accessed to avoid its abuse. The people calling for its legalization have claimed that comparing it to drugs like alcohol which have immediate negative effect on the neural system, then it should not be classified as a harmful drug. Alcohol affects the person’s coordination and it has been attributed to be the cause to many road accidents when compared to marijuana (Procon.org, 2014). Medical uses of Marijuana The legalization of Marijuana is not only timely but also good to avert the misconception about its linkage to criminal activities. The states that have legalized for medical use have also set the limit of Oz that one can use per day which should also be in line with the doctor’s prescription. In Alaska, the state level criminal penalties on the use and possession were lifted for patients who are in possession of written documents from accredited physicians/doctors advising them that by using marijuana their conditions would improve (Alaska Bureau of Vital Statistics). Marijuana has been proven to help in the improvement from the following medical conditions;- Cachexia, HIV/AIDS, epilepsy, glaucoma, multiple sclerosis due to its ability to excite nerves and hence improve on the nerve impulse in the body (Alaska Bureau of Vital Statistics). Due to these established and proven medical uses of the marijuana, it has been preferred for when compared to other drugs like alcohol. Surveys done on the person’s coordination after taking marijuana and after taking alcohol on the effects of the two on driving showed that the people under the influence of alcohol could hardly control the vehicle unlike the ones under the influence of marijuana who were sober and exhibited much control and motor coordination. Marijuana has come under much criticism for allegedly causing neural degeneration in the brain cells. However, medical practitioners have not found tangible proof to show that the damage caused is enough to cause alarm and classify the drug together with dangerous ones like heroin and cocaine. This together with its medical value have been among the key reasons for its legalization and with the states assenting to its legalization for medical use, it is bound to be legalized for recreational purposes in the near future. This is according to the studies that are underway to establish whether it is possible to link the use of marijuana with the commission of certain crimes. If it is not linked then it shall be a big boost to its legalization. Why Marijuana should be legalized References Vance, L. M. (May 1st, 2014). Ten Thoughts on the Second Amendment and Gun Control. Tenth Amendment Center. Available at Barrett, P. M. (February 14th, 2014). Gun Control and the Constitution: Should We Amend the Second Amendment? Politics and Policy. Available at. Gosar, P. (n.d). The Second Amendment is one of the Most Important Rights set Forth by the Bill of Rights. Second Amendment Gun Rights. Procon.org. (Last Updated April 25th, 2014). Medical Marijuana: 21 Legal Medical Sates and DC. Laws, Fees and Possession Limits. Available at. Alaska Bureau of Vital Statistics. (n.d). State and Relevant Medical Marijuana Uses. Available at. Read More