The Case for Gun Control

Why limiting easy access to guns is intelligent and American

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Illustration by Oliver Munday for TIME

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Adam Winkler, a professor of constitutional law at UCLA, documents the actual history in Gunfight: The Battle over the Right to Bear Arms in America. Guns were regulated in the U.S. from the earliest years of the Republic. Laws that banned the carrying of concealed weapons were passed in Kentucky and Louisiana in 1813. Other states soon followed: Indiana in 1820, Tennessee and Virginia in 1838, Alabama in 1839 and Ohio in 1859. Similar laws were passed in Texas, Florida and Oklahoma. As the governor of Texas (Texas!) explained in 1893, the "mission of the concealed deadly weapon is murder. To check it is the duty of every self-respecting, law-abiding man."

Congress passed the first set of federal laws regulating, licensing and taxing guns in 1934. The act was challenged and went to the U.S. Supreme Court in 1939. Franklin Delano Roosevelt's solicitor general, Robert H. Jackson, said the Second Amendment grants people a right that "is not one which may be utilized for private purposes but only one which exists where the arms are borne in the militia or some other military organization provided for by law and intended for the protection of the state." The court agreed unanimously.

Things started to change in the 1970s as various right-wing groups coalesced to challenge gun control, overturning laws in state legislatures, Congress and the courts. But Chief Justice Warren Burger, a conservative appointed by Richard Nixon, described the new interpretation of the Second Amendment in an interview after his tenure as "one of the greatest pieces of fraud--I repeat the word fraud--on the American public by special-interest groups that I have ever seen in my lifetime."

So when people throw up their hands and say we can't do anything about guns, tell them they're being un-American--and unintelligent.

On Friday, August 10, Fareed Zakaria issued the following statement about this article: "Media reporters have pointed out that paragraphs in my TIME column this week bear close similarities to paragraphs in Jill Lepore's essay in the April 22nd issue of The New Yorker. They are right. I made a terrible mistake. It is a serious lapse and one that is entirely my fault. I apologize unreservedly to her, to my editors at TIME, and to my readers."

TIME has since issued its own statement: "TIME accepts Fareed's apology, but what he did violates our own standards for our columnists, which is that their work must not only be factual but original; their views must not only be their own but their words as well. As a result, we are suspending Fareed's column for a month, pending further review."

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