ETH501 Trident University Chapter 2 Gun Control Paper This Case Assignment lets you flex critical thinking and debate skills. In the workplace, employees m

ETH501 Trident University Chapter 2 Gun Control Paper This Case Assignment lets you flex critical thinking and debate skills. In the workplace, employees must often support a professional point of view that may be contrary to personal beliefs. This assignment challenges students to understand “both sides of the fence” on hot-button issues and to consider all points of view. Both sides of the argument should be equally powerful so that the reader is unaware of the position that you espouse.

The topic chosen is Gun Control

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Using articles exclusively from Trident Library’s full-text databases like (Academic Search Complete, Business Source Complete and/or ProQuest Central), research the chosen topic and create a well-balanced 2-page submission that addresses two opposing viewpoints. Do not use any quotations. The paper should be written in third person; this means words like “I”, “we,” and “you” are not appropriate Your submission will include

A two-page paper with APA citations (2- to 3-sentence introduction, body, 2- to 3-sentence conclusion)
The reference list page in APA format

Healey, J. (Ed.). (2018). Gun control. Retrieved from https://ebookcentral-proquest-com.ezproxy.trident…. CHAPTER 2
The gun control debate
GUN OWNERSHIP: A RIGHT OR PRIVILEGE?
The question of whether gun ownership is a right or privilege recently came up on
Australian Hunting Podcast and again in an online discussion on a provision in SA
law that says gun ownership is not a right. Or is it? The Combined Firearms Council
of Victoria’s Neil Jenkins and Tristen Fremlin go head-to-head on that question
MY RIGHT TO BUY A GUN
– Neil Jenkins
f I want to buy bread at the supermarket, I can. I may
have to pay a price and line up at the checkout, but
it’s something I have the right to do.
It’s the same with a firearm. If I want to buy a
shotgun, I can. I need to have the right licence and
permit, but the law does allow me to buy a shotgun
if I wanted one.
It’s the same with flying a plane or driving a car. I
have to get licences to do these, but I can do them if
I want to.
It’s unlikely that I would be able to buy a Category
D firearm but it’s also the case I’m not going to be able
to fly an Airbus. The interesting thing about these is
that these are rights which can be attained, however
they would require career changes that are beyond
me. Are these still rights? I’m not sure.
However for the more simple case of legally obtaining a Category A or B firearm, the argument of a right
is more clear-cut. Any accountant, mechanic, retired
or unemployed person can buy a side-by-side shotgun
if they are willing to meet some basic criteria. In other
Privilege
I would argue that privilege, is a right that not everyone
has access to. One dictionary definition defines
privilege as:
“a right, immunity, or benefit enjoyed only by a
person beyond the advantages of most.”
The only difference between my right to
get a gun and my right to have free speech
is how high the bar is set. – Neil Jenkins
Copyright © 2018. The Spinney Press. All rights reserved.
I
words, these are rights – but with some conditions
attached to them.
My good friend Tristen will argue buying a gun is not
a right, but a privilege. He will argue that free speech is
a right because the right is unconditional.
However I would say that isn’t true. My day job as a
public servant binds me to the Official Secrets Act. Not
that I have anything exciting to share with you, but
my ‘right’ to say what I want has more freedom than
buying a gun, but isn’t without limitation.
The only difference between my right to get a gun and
my right to have free speech is how high the bar is set.
Gun Control, edited by Justin Healey, The Spinney Press, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/trident/detail.action?docID=5233956.
Created from trident on 2019-06-08 17:59:26.
36
Gun Control
Issues in Society | Volume 428
No matter what I do, I won’t be able to inherit James
Packer’s fortune. Nor will I be able to ride in the royal
carriage next time it’s in Australia.
That’s beyond the ability of most people do to. For
those, you have to be born in the right family. You
might be less deserving of those things than other
people, but it’s a right you don’t have to pursue and
cannot lose. Surely that’s privilege.
The South Australian Police recently said owning a
gun is not a right. That would be true if the law said
South Australians cannot own any firearm, however
that is not the case.
I’m not familiar with the detail of firearm laws in
South Australia but you can buy a gun there if you get
a licence. That makes owning a firearm a right. Even if
the police say otherwise.
PRIVILEGES OF THE MODERN SOCIETY
– Tristen Fremlin
eil believes that “If I want to buy bread at the
supermarket, I can. I may have to pay a price
and line up at the checkout, but it’s something
I have the right to do. It’s the same with a firearm”.
In order to define our rights, we cannot look to our
everyday lives or to dictionaries. To define our rights,
we must look to the one thing that protects them, and
enables laws to be made. The Commonwealth Constitution
of Australia Act (known as the “Constitution” moving forward).
Our Constitution does not include a “Bill of
Rights” like the American Constitution, as such it has
been criticised for its ability to protect the rights of
Australian’s. However, it does allow us two types of
rights: Express Rights and Implied Rights.
Express Rights are those that are named in the
Constitution. These include: the right to trial by
jury, the right to just compensation, the right against
discrimination on the basis of out-of-State residence.
For any of these rights to be changed, we would need
to take the change to a referendum.
Additional, to this, we also have the protection of
“Implied Rights”, these rights are ones that are not
written explicitly into the wording of the Constitution,
but that the High Court has found to be implied by
reading two or more sections together.
So what does this mean for firearms?
Well while I can’t say I have read the entire Constitution, I can guarantee you that the Constitution
does not have any explicit firearms ownership laws. I
can also tell you that Section 51 of the Constitution has
provided the power of legislation to the state.
Now we need to consider the following: I mentioned
above that the Constitution has no express firearms
rights and that firearms law is the responsibility of
the states. So our final hope of firearms rights must be
within the implied rights … right?
Well, sorry to break your hearts. The principle function of the High Court of Australia is to interpret the
Constitution and to interpret its meaning. Its pretty
Copyright © 2018. The Spinney Press. All rights reserved.
N
Consider this; if ownership of a firearm
was a right, you would not need to apply
for a licence or permit to acquire to own
firearms. – Tristen Fremlin
clear that the Constitution does not have any firearm
ownership rights, and the High Court of Australia has
not awarded us any Implied Gun Rights.
If we then look at our State-based laws, we don’t
need to look very far to see that the free ownership of
firearms does not exist. Our gun laws are exceptionally restrictive.
Consider this; if ownership of a firearm was a right,
you would not need to apply for a licence or permit to
acquire to own firearms.
Looking at what we have and how the constitution
works and comparing this to Neil’s assumption that I
will counter his argument with the right to free speech.
Australians are given the right to free speech, however under certain circumstances, we may make the
decision to waive this right in regards to certain
subjects. In this case, Neil’s inability to freely discuss
matters under the Official Secrets Act is a condition
of his employment. It does not effect his ability to
be a pro-gun lobbyist, nor to argue for or against any
other matter.
So, unless we can convince a majority of voters that
firearm ownership should be a right (and a right worth
fighting for in a referendum), our guns will remain a
privilege.
© Combined Firearms Council of Victoria.
Jenkins, N and Fremlin, T (13 November 2015).
Gun ownership: A right or privilege? Retrieved from
www.firearmscouncil.org.au on 28 February 2017.
Gun Control, edited by Justin Healey, The Spinney Press, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/trident/detail.action?docID=5233956.
Created from trident on 2019-06-08 17:59:26.
Issues in Society | Volume 428
Gun Control
37
Shooters and Fishers goes head-to-head
with The Greens on gun control
New South Wales politicians David Shoebridge (Greens) and Robert Brown (Fishers
and Shooters) clash over gun control in Australia. Article courtesy of SBS News
‘LAW-ABIDING FIREARMS OWNERS
ARE NOT CRIMINALS.’
Robert Brown, Fishers and Shooters Party NSW
t’s impossible to have a sensible conversation about
firearms law and firearms-related crime without
the anti-gun groups peddling hysteria in search of
an easy headline. Much of the debate about firearm
crime has unfortunately led to legislation which
penalises and demonises law-abiding firearms owners
and treats them as criminals because they’re an easy
and visible target.
The reality is that the 1996 National Firearms
Agreement, gun buybacks, and onerous regulations
have not prevented gun deaths or gun crime. Almost
all of these incidents involve black market, illegallysourced firearms that are outside the public view, or
reach of authorities.
To combat this situation the Shooters and Fishers
Party in New South Wales have sponsored a bill
in Parliament since 1998 to introduce mandatory
sentences for any crime committed by a person
possessing a firearm. For 20 years this bill has laid
dormant on the Upper House notice paper because
nobody is willing to support it – be they from the
Labor Party or the Coalition.
The NSW Police Minister Troy Grant brought some
sense to the debate on November 5 last year when he
spoke about the gun crime situation during discussions
“The New South Wales Government has made it clear
… that our problem in relation to firearms and crime
is not registered firearms, it is an illegal firearms –
illegal guns – issue that we face.
Greater than 97% of firearm incidents reported in
New South Wales relate to unregistered, unbranded,
unlicensed firearms.
Victims of gun crime … are victims of illegal guns
and unregistered guns – not the ones you buy at
firearms dealers.”
Case in point: the firearm used in the tragic shooting of NSW Police worker Curtis Cheng in Parramatta
last year was an illegally-sourced firearm. Pistols have
been registered in New South Wales since 1927, and
it was nowhere on the official record, except for the
records with the manufacturer overseas. Yet, a lawabiding firearm owner is often subject to excessive and
punitive regulations that operate under the assumption that they are a potential criminal.
In fact, any target shooter, farmer or hunter
possessing a firearm has to hold themselves
to a higher standard of conduct in their
everyday lives. – Robert Brown
Copyright © 2018. The Spinney Press. All rights reserved.
I
with the Federal Justice Minister on the National
Firearms Agreement:
Gun Control, edited by Justin Healey, The Spinney Press, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/trident/detail.action?docID=5233956.
Created from trident on 2019-06-08 17:59:26.
38
Gun Control
Issues in Society | Volume 428
Copyright © 2018. The Spinney Press. All rights reserved.
Anybody wishing to obtain a firearms licence has to
complete an approved firearms safety course, aimed
at ensuring that their firearm is handled and stored
in the proper legal manner.
In fact, any target shooter, farmer or hunter possessing a firearm has to hold themselves to a higher
standard of conduct in their everyday lives. This is
because of the discretionary power in the legislation
that allows police to deem somebody no longer a “fit
and proper person” to possess their firearm.
Licensed hunters in New South Wales must complete training and abide by a Code of Conduct from
the Game Licensing Unit which not only covers safety
matters, but also legal responsibilities and animal
welfare issues.
These firearm education measures have been very
effective, but there’s more to do to get the balance right.
The Shooters and Fishers Party – soon to be Shooters,
Fishers and Farmers Party – have long championed
increased penalties for criminals using firearms.
Licensed, law-abiding firearms owners are not criminals. Governments should concentrate on crime, not
the demonisation of licensed firearms owners. The
two are not one and the same.
‘GUN CONTROL – THE DANGERS OF DEALS.’
David Shoebridge, The Greens NSW
here are some simple facts that every politician
should get their head around. One of these is
the fact that guns kill people. The more guns
we have in society and the more lethal those guns, the
more people who will be killed and maimed by them.
Once these facts are well established, we can start
legislating to make society safer.
T
Political expediency and in particular deals
with pro-gun MPs … have weakened gun
laws. – David Shoebridge
Of course this doesn’t mean banning all guns. People
can have legitimate reasons to own a gun. Farmers
often need access to guns to be able to deal with injured
livestock or remove invasive species that threaten and
kill stock. Others have a legitimate interest in target
shooting or a niche interest in collecting 19th century
blackpowder weapons.
Effective firearms laws are about getting these
competing interests right. However it also means that,
where there is any real doubt, community safety must
come first.
Australia on the whole has been getting this balance
right, and stands in stark contrast to America where
the pro-gun lobby has been so powerful that it is legal
to open-carry weapons into universities and schools
in many states. This proliferation of weapons also sees
America as the world capital of mass shootings and a
world leader in accidental shootings by children and
even animals.
Almost exactly 20 years ago the Port Arthur massacre was a turning point for gun control in Australia,
with then Prime Minister John Howard responding to
this unimaginable tragedy with a gun buyback and the
National Firearms Agreement.
The 1996 National Firearms Agreement harmonized gun laws across the country, requiring all weapon
holders to have a firearms licence, to register all weapons
they owned and to store them in a secure locker. Around
643,000 firearms were removed from circulation as a
result of this move.
Gun Control, edited by Justin Healey, The Spinney Press, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/trident/detail.action?docID=5233956.
Created from trident on 2019-06-08 17:59:26.
Issues in Society | Volume 428
Gun Control
39
Copyright © 2018. The Spinney Press. All rights reserved.
Since then Australia has not suffered the tragedy
and loss of another mass shooting. Firearms-related
suicides have fallen dramatically, especially among
young men in rural and regional Australia. Basically,
the place has been a hell of a lot safer as a result of
sensible gun laws.
Since this time however, political expediency
and in particular deals with pro-gun MPs like the
Shooters Party have weakened gun laws. In 2012
the NSW the Coalition government wanted to get
legislation through Parliament to privatise the State’s
electricity generators. So they cut a deal with the
Shooters MPs that exchanged their vote for privatisation in return for opening up National Parks for
recreational hunting.
Unfortunately, those types of deals have become a
common feature of New South Wales politics. Both the
Coalition and the former Labor Government have cut
these kinds of deals. These deals have consequences –
the overarching one being the slide towards a pro-gun
and hunting culture.
The State’s former Labor government gave millions
of dollars of public money to gun clubs, created a
bizarre taxpayer-funded hunting authority called
the Game Council and weakened key gun controls.
All of this was in return for consistent support form
minority Shooters MPs to get unrelated legislation
through Parliament.
Between just 2008 and 2010 the NSW Labor government made more than 30 amendments to gun control
laws, including the introduction of the notorious
section 6B of the Firearms Act, which enables people
to handle and be trained in the advanced use of firearms without any kind of background check.
Since then, in addition to allowing shooting in
National Parks the NSW Coalition government has
given hunters access to silencers, snuck pro-hunting
materials into primary schools and even proposed
allowing children as young as 12 to hunt unsupervised on public land. Not satisfied with this they have
legislated for night time duck hunting and opened up
more than 140 State Forests to recreational hunters.
This isn’t all just a response to a few well-placed
Shooters MPs. It also reflects the opinion of a good
many National Party and Liberal Party MPs who
have swallowed the US line of a “right to bear arms”.
Pro-gun zealots come in most political colours and
are found in most parliaments.
In the Federal Parliament the “colourful” Queensland MP Bob Katter is often heard pushing for laxer gun
laws. No doubt he gets support for these calls around
the family dinner table with his son-in-law one of the
country’s largest gun importers. Meanwhile, in the
Federal Senate David Leyonhjelm has said he would
love the US National Rifle Association (NRA) to become
more active in Australia to tear down the nation’s gun
laws. He has appeared in NRA promotional material
declaring Australia to be a “nation of victims” because
we have sane gun laws.
These Federal MPs are currently working on the
Federal Coalition to overturn the importation ban on
the dangerous Adler 500 8-shot rapid-fire shotgun.
What is really troubling is that they have such a willing
audience amongst Coalition and Labor MPs.
We know what works. Strict gun controls keep us
safer. Reflecting today on the political cost that John
Howard paid in 1996 when he brought in the National
Firearms Agreement we need to remember a valuable
lesson. It’s not just guns that pose a threat to public
safety, it’s also weak-kneed politicians who give in to
the powerful gun lobby. Society needs to be protected
from both.
Robert Brown has been a Shooters, Fishers and Farmers Party
member of the New South Wales Legislative Council since 2006.
David Shoebridge has been a Greens member of the New South
Wales Legislative Council since September 2010.
Robert Brown and David Shoebridge appeared on Insight’s look
at gun control in Australia: www.sbs.com.au/news/insight/
tvepisode/guns
Shoebridge, D and Brown, R (30 November 2016). ‘Shooters and
Fishers goes head-to-head with The Greens on gun control’, SBS
News. Retrieved from www.sbs.com.au on 27 February 2017.
Gun Control, edited by Justin Healey, The Spinney Press, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/trident/detail.action?docID=5233956.
Created from trident on 2019-06-08 17:59:26.
40
Gun Control
Issues in Society | Volume 428
WHAT DOES HUMAN RIGHTS
LAW SAY ABOUT GUN CONTROL?
Authored by Adam Fletcher for the Castan Centre for Human Rights Law
O
pponents of gun control in the United States
have a powerful ally in domestic law, because
their Constitution contains a right to ‘keep and
bear arms.’ Since the Heller Supreme Court case in
2008, this has been interpreted as an individual right
which can trump legislative gun bans.
In the context of the 2016 Presidential primaries,
gun control is once again being hotly contested in
the US, and Australia has been drawn into the debate.
In 2016, then Prime Minister John Howard ramped
up Australia’s already strict handgun controls by
effectively banning private ownership of ‘long guns’
(especially [semi-] automatic and self-loading rifles and
shotguns) and initiating a huge national buyback in
the wake of the Port Arthur massacre. Spurious claims
by US presidential hopefuls about the effectiveness
of such measures have led him to defend this policy,
which is one of his Government’s most important
legacies. In his CBS interview (which, by the way, is not
as entertaining as his fantastic one with John Oliver
on the same subject), Howard said:
Q: So is there really a human right to own a gun?
No there isn’t. John Howard was probably just being
polite. The US Constitution is alone (at least amongst
democracies) on this one.
According to the preamble to the International
Covenant on Civil and Political Rights (ICCPR), human
rights ‘derive from the inherent dignity of the human
person’ and are aimed at achieving ‘freedom from fear and
want.’ Human rights are essentially the opposite of guns.
Amnesty International, as it happens, has called g…
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