Written by Dr Tolbert 2016
VIEW POINT OF GUN CONTROL BY A TEENAGER
Charles Frederick Tolbert EdD
Is a Candidate For U. S. Senate Florida 2018
What is gun control? Gun control generally refers to laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of fire arms. Gun control varies greatly around the world.
In the United States liberals are trying to push for more severe gun control laws. Some even want to ban guns completely. One of the main focuses of politicians is gun control laws. Some want to make these laws stricter or even ban certain guns to be taken to certain areas. They say guns are a bad thing and that guns kill people. When argued that people need guns for protection they say that if there was a stronger ban on guns that criminals would not have guns to hurt us with therefore we would not need them to protect ourselves with. These same politicians, including the president and vice-president, are surrounded by Secret Service men, police officers, and private security details that are all carrying guns to protect them. They want to take away your right to protect yourself while they have guns protecting them. Statistics show that eighty-one percent of Americans say that gun control will be an important issue in determining which Congressional candidate to vote for.
In 1996, 140 children died in the U.S. after being accidentally shot. In 2012, the figure was 259 with comparable numbers in between. About 1,500 children are hurt by guns every year. I believe that this is due to bad parenting. Parents who own a gun, whether it be a handgun or a rifle or shot gun, should teach their children to never touch a gun without permission and an adult present. And if they find a gun they should leave it and go tell an adult. This is good but most of them never let their kids hold the gun(s), let them shoot it, or even try to teach them about gun safety. They do not want the kid to even know that the gun is in the house. This is where I believe that they go wrong. Kids are curious little creatures and always want to touch stuff. If they find a gun they are going to want to touch it and shoot it and maybe show it to their friends when they come over to play. Now that the child has found the gun, and knowing nothing about guns and gun safety, the child can accidentally injure or kill him/herself or another person. I believe that if parents teach their kids about guns, how/when/where to use them, and what to do if they find one that is not locked up or does not have a trigger lock on it, there will be less children hurt or killed every year.
Ninety-one percent of Americans say that there should be at least minor restrictions on gun ownership, and fifty-seven percent of Americans say that there should be major restrictions or a ban. Advocates of gun control cite the large number of people killed in gun-based homicides each year; which is over 8,000 per year, peaking at 14,000 in 1993. Over 100,000 people are shot each year in the U.S.; seventy-two percent of all violent killings use guns as the weapon. This could be avoided if people were taught how to respect guns as a kid and allowed to shoot one as a young adult. Some of the homicides could be avoided if more people, open or concealed, carried a gun with them. This could help because criminals would think twice about trying to rob someone or a store, break into a house, or kill someone. If a crime did happen then the victim would have a way to defend themselves (and possibly thin out the number of criminals in the U.S.).
The following written by a teenager
I believe in gun control, but I believe in it only to a certain extent. I believe the gun laws should be changed so that people are able to buy handgun ammo at the age of eighteen instead of twenty-one. Eighteen year olds are able to buy shotguns and rifles, and ammo for these weapons. I think certain eighteen year olds should also be allowed to buy a handgun. An eighteen year old should be able to buy a handgun if they have no criminal convictions, they have taken the hunters safety course, and have a valid hunting license. I think gun control laws are starting to get out of hand. Politicians want to pass bills that make it where if you want to buy a gun you have to fill out a form and go through several background checks. If you pass the background checks, there is a waiting period of a couple of days or even weeks before you can even get the gun. It is getting out of hand! If parents would actually discipline their children and teach them about guns and gun safety instead of trying to shelter them so much and keeping the guns locked up and hidden away, there would be less accidental shootings and less people walking into places with a gun and trying to kill everybody in there.
Written By Chandler T
Subject: Gun control history…do we REALLY need the 2nd Amendment
A LITTLE GUN HISTORY*
*In 1929, the Soviet Union established gun control. >From
1929 to 1953, about 20 million dissidents, unable to defend
themselves, were rounded up and exterminated.
In 1911, Turkey established gun control. From 1915 to 1917,
1.5 million Armenians, unable to defend themselves, were
rounded up and exterminated.
Germany established gun control in 1938 and from 1939 to
1945, a total of 13 million Jews and others who were unable
to defend themselves were rounded up and exterminated.
China established gun control in 1935. >From 1948 to 1952,
20 million political dissidents, unable to defend
themselves, were rounded up and exterminated
Guatemala established gun control in 1964. >From 1964 to
1981, 100,000 Mayan Indians, unable to defend themselves,
were rounded up and exterminated.
—- ————- ————-
Uganda established gun control in 1970. >From 1971 to 1979,
300,000 Christians, unable to defend themselves, were
rounded up and exterminated.
Cambodia established gun control in 1956. >From 1975 to
1977, one million educated people, unable to defend
themselves, were rounded up and exterminated.
Defenseless people rounded up and exterminated in the 20th
Century because of gun control: 56 million.
It has now been 12 months since gun owners in Australia were
forced by new law to surrender 640,381 personal firearms to
be destroyed by their own Government, a program costing
Australia taxpayers more than $500 million dollars. The
first year results are now in:
**List of 7 items:
Australia-wide, homicides are up 3.2 percent.
Australia-wide, assaults are up 8.6 percent.
Australia-wide, armed robberies are up 44 percent (yes, 44
In the state of Victoria alone, homicides with firearms are
now up 300 percent. Note that while the law-abiding citizens
turned them in, the criminals did not, and criminals still
possess their guns!
While figures over the previous 25 years showed a steady
decrease in armed robbery with firearms, this has changed
drastically upward in the past 12 months, since criminals
now are guaranteed that their prey is unarmed.
There has also been a dramatic increase in break-ins and
assaults of the ELDERLY. Australian politicians are at a
loss to explain how public safety has decreased, after such
monumental effort, and expense was expended in successfully
ridding Australian society of guns. The Australian
experience and the other historical facts above prove it. *
You won’t see this data on the US evening news, or hear
politicians disseminating this information.
Guns in the hands of honest citizens save lives and property
and, yes, gun-control laws adversely affect only the
**Take note my fellow Americans, before it’s too late! **
The next time someone talks in favor of gun control, please
remind them of this history lesson..
With guns, we are ‘citizens’. Without them, we are ‘subjects’.*
During WWII the Japanese decided not to invade America
because they knew most Americans were ARMED!
The purpose of fighting is to win. There is no possible
victory in defense. The sword is more important than the
shield, and skill is more important than either. The final
weapon is the brain. All else is supplemental. *
*IT’S A NO BRAINER! DON’T LET OUR GOVERNMENT WASTE MILLIONS
OF OUR TAX DOLLARS IN AN EFFORT TO MAKE ALL LAW ABIDING
CITIZENS AN EASY TARGET. *
*I’m a firm believer in** **the 2nd Amendment! If you are
too, please forward.*
Charles Frederick Tolbert EdD
The Second Amendment (Amendment II) to the United States Constitution protects the right of individuals to keep and bear arms. The Supreme Court of the United States has ruled that the right rests in individuals, not merely collective militias, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices. State and local governments are limited to the same extent as the federal government from infringing this right per the incorporation of the Bill of Rights. The Second Amendment was adopted on December 15, 1791, as part of the first ten amendments composing the Bill of Rights.
The Second Amendment was based partially on the right to keep and bear arms in English common-law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state.
In United States v. Cruikshank (1876), the Supreme Court of the United States ruled that, “The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence” and limited the applicability of the Second Amendment to the federal government. In United States v. Miller (1939), the Supreme Court ruled that the federal government and the states could limit any weapon types not having a “reasonable relationship to the preservation or efficiency of a well regulated militia”.
In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest. In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision, expressly holding the amendment to protect an individual right to possess and carry firearms. In McDonald v. Chicago (2010), the Court clarified its earlier decisions that limited the amendment’s impact to a restriction on the federal government, expressly holding that the Fourteenth Amendment applies the Second Amendment to state and local governments to the same extent that the Second Amendment applies to the federal government. Despite these decisions, the debate between the gun control and gun rights movements and related organizations continues.
Concealed weapons permit
790.01(16) “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.
No concealed weapons permit required
790.01(17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access
The 2016 Florida Statutes
WEAPONS AND FIREARMS
View Entire Chapter
790.25 Lawful ownership, possession, and use of firearms and other weapons.—
(1) DECLARATION OF POLICY.—The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.
(2) USES NOT AUTHORIZED.—
(a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02.
(b) The protections of this section do not apply to the following:
1. A person who has been adjudged mentally incompetent, who is addicted to the use of narcotics or any similar drug, or who is a habitual or chronic alcoholic, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19, 790.22-790.24;
2. Vagrants and other undesirable persons as defined in 1s. 856.02;
3. A person in or about a place of nuisance as defined in s. 823.05, unless such person is there for law enforcement or some other lawful purpose.
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
(b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;
(c) Persons carrying out or training for emergency management duties under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;
(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;
(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors’ gun shows, conventions, or exhibits;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;
(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;
(n) A person possessing arms at his or her home or place of business;
(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and
3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.
(p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and
3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.
(4) CONSTRUCTION.—This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.
(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
History.—s. 1, ch. 65-410; s. 32, ch. 69-216; s. 32, ch. 73-334; s. 2, ch. 77-302; s. 2, ch. 82-131; s. 15, ch. 83-167; ss. 45, 49, ch. 83-334; s. 32, ch. 84-258; s. 68, ch. 85-62; s. 5, ch. 85-332; s. 15, ch. 87-274; s. 2, ch. 87-537; s. 1, ch. 89-60; s. 8, ch. 90-364; s. 1, ch. 93-269; s. 7, ch. 93-416; s. 89, ch. 95-211; s. 1218, ch. 97-102; s. 110, ch. 2006-1; s. 2, ch. 2006-103.
1Note.—Repealed by s. 3, ch. 72-133.
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