Should gun ownership be a right?

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Should every American have the right to bear arms?


Comment or pm me if you want to debate pro. I'm also open to debating either side of other topics if anyone has an idea. Advice for my debating would be appreciated from both voters and the opposition.

Round 1

1 of 4

Hi Leaning, thanks for the debate!


Definitions

  1. Gun - a wide category of weapons. The right to a gun does not mean the right to any gun.
  2. Right - "A rule that says people can do something or have something because it is fair and allowed by the law. " - lsd.law

A right can also be forfeited through actions that demonstrate one is absolutely not fit to exercise it, for example a felon has forfeited their right to a firearm.


The importance of regulation

Firearms are to protect public safety, which is why they need to be regulated, I would argue more so than we do now. We can protect the right to bear arms while still ensuring public safety. While a civilian would never need weapons like drones or assault rifles, we still need to protect the right to own more reasonable weapons, such as hand guns for self defense.


C1 - Self defense

For obvious reasons having a gun deters crime and in certain situations can save your life. Let's take a moment to consider some of the numbers and situations.


Protection against wildlife

A significant portion of America's population lives in, or enjoys being in rural areas that are co-inhabited by predators. For one, farmers need guns to protect their livestock, with the added benefit of being the most humane way to put down suffering animals. (1) Folks who live in rural areas also need a method to defend themself from animals such as bears, mountain lions, and mooses. (I refuse to use the "proper" plural form of moose.)


Crime prevention

It's difficult to find unbiased numbers on such a polarized topic, thankfully though I found the American Journal of Public health. (2) They estimate 61,000 - 65,000 defensive firearm incidents per year in the U.S, just a touch short of the NRA's millions, but still a significant number.


Guns serve an important purpose as practical tools for self defense. With popper regulation the right to owning a gun can help far more than it hurts.



C2 - Regulating is better than prohibiting

Something being banned doesn't make the demand go away, only the regulation. Bad actors would still have access to guns, the only difference is that law abiding citizens wouldn't.


Where we've seen this before

Prohibition is a classic example of why forbidding something doesn't work. When alcohol was banned it didn't go away, it only went to the black market, which caused a plethora of new problems, among them corruption and increased gang activity. (3)


Americans love their guns, taking them away wouldn't change that. It would only result in more illegal and less regulated firearms.



C3 - Hunting


Hunting and food

For many hunting is more than just a recreational activity, it's food security. 860 metric tons of meat, or roughly 10.1 million meals, are donated through various programs annually. (4) There's also a significant population of people who rely on their own game for food security, though the exact number is difficult to calculate.


Hunting and conservation

Hunting licenses and firearm taxes have generated billions of dollars for conservation efforts. (5) Hunting also plays a crucial role in the management of wildlife populations and keeping ecosystems healthy with the help of regulations.



Dueling

Finally, it's a well established fact that their ought to be a legal right to dueling. (6) Sabers can suffice, though pistols are superior for this purpose as they lead to less disfigurement and faster resolutions.



In summary

Gun violence in American isn't acceptable, but the solution is not to take away the right to gun ownership.



Sources:

  1. https://www.hobbyfarms.com/one-the-farm-gun-offer-protection-and-more/
  2. https://ajph.aphapublications.org/doi/10.2105/AJPH.2024.307838?
  3. https://www.cato.org/policy-analysis/alcohol-prohibition-was-failure#the-iron-law-of-prohibition
  4. https://academic.oup.com/bioscience/article/75/1/9/7908614
  5. https://cnr.ncsu.edu/news/2021/02/hunting-wildlife-conservation-explained/
  6. https://www.debateart.com/debates/4363-ought-be-a-legal-right-to-dueling




avatar
Leaning Global Moderator
Con #2

Definitions


Gun - Most people know what a gun is.

I'm not against my opponent implied argument that their burden of proof does not have to mean Americans ought be able to own gatling guns or even per their own words "assault rifles"

They 'do state guns such as "hand guns"


I'm not so sure about 'Rights,

Some people argue we have natural Rights, others we have a Right by X, the US Constitution for example.

Some might argue we have a 'Natural Right to Guns, by the assumed Right of Self Defense.

Some might argue we have a Lawful, Traditional, 'American Right to guns, by the Founding Laws of our nation.


'Some people own guns in Japan, but few there would say they have a 'Right to guns.

Even if the law 'allows some people guns, it is a privilege, a highly controlled system, where said privilege is only attainable by the few, by people leaping through hoops, or 'requiring one for a job.

As 'dynamite get's limited to miners.

Under federal explosives law, it is illegal to manufacture, store, distribute, receive or transport explosive materials without a federal explosives license or permit (FEL/FEP).

https://www.atf.gov/explosives/tools-services-explosives-industry/explosive-products-and-devices/illegal-explosives#:~:text=Under%20federal%20explosives%20law%2C%20it,permit%20(FEL%2FFEP).


"License to purchase or possess a gun: Oregon does not require licensing or safety training before buying or possessing a firearm. Lift Every Voice Oregon has successfully placed Measure 114 on the November 2022 ballot."

https://coef.ceasefireoregon.org/oregon-firearm-policy


But I'm pretty sure 'most everyone needs a license to drive a car.

Possession of a firearm would a 'Right, because it is not made a 'privilege.

It is not "allowed by the law" for the average citizen to own a gun. . . The government is 'prevented by law, from preventing average citizens (Law Created) 'Right to guns.


This is important to my argument, as I shall be arguing for 'vast governmental oversight, restriction, and control. 'Hoops one must jump through.

'By such, any guns owned in America, shall not be a 'Right.


C1 - Self defense


Rural defense against animals.

" U.S. Fish and Wildlife Service have experience that supports this reality -- based on their investigations of human-bear encounters since 1992, persons encountering grizzlies and defending themselves with firearms suffer injury about 50% of the time. During the same period, persons defending themselves with pepper spray escaped injury most of the time, and those that were injured experienced shorter duration attacks and less severe injuries. Canadian bear biologist Dr. Stephen Herrero reached similar conclusions based on his own research -- a person’s chance of incurring serious injury from a charging grizzly doubles when bullets are fired versus when bear spray is used."

https://above.nasa.gov/safety/documents/Bear/bearspray_vs_bullets.pdf


Further, as in Japan, some individuals could gain the 'privilege to own a 'specific gun. Not 'any gun, but a 'single gun.


"After obtaining a gun, the owner must register their weapon with police and provide details of where their gun and ammunition is stored"

https://www.cnn.com/2022/07/08/asia/japan-gun-laws-abe-shooting-intl-hnk


C1 - Self defense


"Based on NCVS estimates, CAP analysis finds that nine times as many people report being victimized by a person with a gun than being protected by a gun.27


In a study of two Harvard surveys taken between 1996 and 1999, David Hemenway and his co-authors found that respondents were three times as likely to report having been threatened or victimized by a gun than having used one defensively.28


In a 2001 survey of 5,800 California adolescents, approximately 4 percent of respondents reported being threatened with a gun, compared with only 0.3 percent reporting using a gun in self-defense.29"

https://www.americanprogress.org/article/debunking-the-guns-make-us-safer-myth


Pro's 'own source #2 states

"Conclusions. Firearm defenses occurred at a relatively low and nearly constant level over the 35-year period. Although some victims use guns for defense, these uses are infrequent compared with the incidence of crime."

https://ajph.aphapublications.org/doi/10.2105/AJPH.2024.307838?


C2 - Regulating is better than prohibiting

At a certain point, the amount of regulation means it is 'not a right.


C3 - Hunting

See Japan gun laws section.

Certain individuals would still be able to acquire guns. But it would not be a 'Right.


Dueling

Pro makes an assertion with no evidence here.

"Few if any modern jurisdictions allow armed duels."

https://en.wikipedia.org/wiki/Duel


Heh, I 'appreciate the link to my own debate though.


Prohibition

Are 'guns as much an 'addiction as alcohol?

Do people go into firearm withdrawal?

Arguably some items are easier to ban than others.


Even of Prohibition, it can be argued that were it not for the Great Depression, Prohibition might have had an even 'greater effect.

"The stringent prohibition imposed by the Volstead Act, however, represented a more drastic action than many Americans expected. Nevertheless, National Prohibition succeeded both in lowering consumption and in retaining political support until the onset of the Great Depression altered voters’ priorities. Repeal resulted more from this contextual shift than from characteristics of the innovation itself."

https://pmc.ncbi.nlm.nih.gov/articles/PMC1470475


Arguably some cultures drink more than others.

https://en.wikipedia.org/wiki/List_of_countries_by_alcohol_consumption_per_capita


Thus one can argue that intentional laws and intentional culture can 'control various uses by individuals.

Whether alcohol or firearms.


Thus Prohibition does not point to the likely failure of gun control.


Final Thought

Seizing upon my opponents words,

"Gun violence in American isn't acceptable," - Pro Round 1

This allows for strict, high, and tight regulation of guns. Which is no 'Right at all.


Sources

1 https://www.atf.gov/explosives/tools-services-explosives-industry/explosive-products-and-devices/illegal-explosives#:~:text=Under%20federal%20explosives%20law%2C%20it,permit%20(FEL%2FFEP).

2 https://coef.ceasefireoregon.org/oregon-firearm-policy

3 https://above.nasa.gov/safety/documents/Bear/bearspray_vs_bullets.pdf

4 https://www.cnn.com/2022/07/08/asia/japan-gun-laws-abe-shooting-intl-hnk

5 https://www.americanprogress.org/article/debunking-the-guns-make-us-safer-myth

6 https://ajph.aphapublications.org/doi/10.2105/AJPH.2024.307838?

7 https://en.wikipedia.org/wiki/Duel

8 https://pmc.ncbi.nlm.nih.gov/articles/PMC1470475

9 https://en.wikipedia.org/wiki/List_of_countries_by_alcohol_consumption_per_capita

Round 2

2 of 4

My opponent argues that guns should not be a right, but a privilege, such as in Japan. I intend to to show why what worked in Japan wouldn't for the U.S.


Differences between Japan and America

In this section I intend to outline some of the more major differences between Japan and America that cause making gun ownership in America a privilege instead of a right not only extremely unpractical but detrimental to public safety.


Gun prevalence


United States

In 2017 in U.S. it is estimated there were 120.5 civilian held firearms for every 100 people. (1)


Japan

Before Japan implemented strong gun control (which I'm considering 1958, because of the Firearm and Sword Possession Control Law,) there was very low gun ownership. The exact number is hard to find, though because of intense Ally disarmament post WWII it was extremely low. See section four of attached source. (2)


Public views on guns


United States

Americans really love their guns. 73% of gun owners say they can't see themselves not owning a gun. In general, American are more split with 51% saying they think the right to bear arms is more important than implementing any gun regulation. One thing is certain though, there is a fervor among those who own guns in America, and they're not ready to give them up. (3)


Japan

Contrary to the United States, Japanese have never retained a high public opinion of gun rights. While I found a lot of sources mentioning general Japanese dislike of guns, I couldn't find any exact numbers. There's no polling for the Firearm and Sword Possession Control act's popularity or specific data on gun support in Japan. It is important to realize that the act is internally uncontroversial and there isn't any push for more gun rights in Japan.


Enforcement practicality


United States

Gun restrictions similar to those of Japan would be incredibly difficult to enforce in America. It has a preexisting, strong gun culture and millions of guns already in circulation. There are also huge swathes of rural land with low policing and generally stronger potential for illegal smuggling.


Japan

Japan is a compact island nation, which would make an illegal gun market more difficult, though there isn't any demand to sustain a black market, as Japanese don't value gun ownership strongly as in America.


It's important to remember that very different countries need very different solutions.



C1 - Self defense


Rural Protection

While I still maintain guns are crucial tools for many in rural environments and on farms, it is very likely that under Con's system they would be granted firearms, so I'll rest this point.


Crime

Yes, guns are used in more crimes than they prevent, but trying to restrict them won't solve that issue. America has millions of guns everywhere, firearm fervor, and not a lot of trust in government. Making those guns go away is easier said than done. Those who use them for evil won't have a problem acquiring new firearms from preexisting supply, smuggling, ghost guns, those who obtained guns legally, fraud, or legally obtaining a gun themselves.


C2 - Regulation over prohibition


Rights and regulation

My opponent makes a valid argument here, though I would like to emphasize a right can be regulated without taking it away. Allowing everyone to own a reasonable gun, besides those who themselves have forfeited such a right through criminal activity, can still be made far safer through certain regulations. Hoops that everyone can jump through. Among many, these regulations include waiting periods, storage laws, and some tracking of guns/ammunition.


Prohibition

You're right that people don't get gun addictions, but they are still highly valued and protected by a significant portion of the population. (3) More importantly, guns being fun or personally important wouldn't be the main problem. Crime would still provide a huge incentive for illegal guns, an incentive I argue would increase when law abiding citizens no longer have guns themselves.


Alcohol prohibition absolutely decreased total consumption, but that's not the issue. Alcohol got more dangerous, and the profits started going to smugglers and criminals, not distillers. Corruption increased among law enforcement and lowered public trust. Millions (though the effects would be less severe with guns in this case) were made criminals and backed up the legal system.


C3 - Hunting

The amount of Americans who hunt is estimated to be about 14.4 million. (5) It's implied most of these individuals would be eligible for guns. Even if guns are a privellage, criminals would still be able to easily obtain them from legal sources in the scenario hunting is able to persist in America

Dueling

"Few if any modern jurisdictions allow armed duels."

You're forgetting; everything is legal in New Jersey (6)


Sources:


  1. https://www.supremecourt.gov/opinions/URLs_Cited/OT2021/20-843/20-843-10.pdf
  2. https://firearmsresearchcenter.org/wp-content/uploads/2023/08/SSRN-id2810377.pdf
  3. https://www.pewresearch.org/short-reads/2024/07/24/key-facts-about-americans-and-guns/
  4. https://ourpublicservice.org/publications/the-state-of-public-trust-in-government-2025/
  5. https://www.fws.gov/story/2024-09/report-offers-snapshot-hunters-and-anglers-us
  6. https://youtu.be/pHLKi1ouyXA?si=xfqixXRYGT5id7BK


avatar
Leaning Global Moderator
Con #4

Japan

"very low gun ownership. The exact number is hard to find, though because of intense Ally disarmament post WWII it was extremely low." - Ultracrepidarian

Ought this not be taken as argument on how guns 'can be removed from a country?


Canada

" United States 2017 42.0%"

"Canada 2005 15.5%"

https://en.wikipedia.org/wiki/Percent_of_households_with_guns_by_country


"Unlike the U.S. Constitution, the Canadian Constitution does not contain any protection for gun owners."

https://www.cga.ct.gov/PS94/rpt/olr/htm/94-R-0838.htm#:~:text=Unlike%20the%20U.S.%20Constitution%2C%20the,any%20protection%20for%20gun%20owners.&text=Unlike%20the%20United%20States%2C%20where,Criminal%20Law%20Amendment%20Act%2C%201977.

No protection, no 'Right.

Privilege, is no 'Right.


"A 1996 study showed that Canada was in the mid-range of firearm ownership when compared with eight other western nations. Nearly 22% of Canadian households had at least one firearm, including 2.3% of households possessing a handgun.[3] In 2005, almost 3% of households in Canada possessed handguns, compared to 18% of U.S. households that possessed handguns."

https://en.wikipedia.org/wiki/Firearms_regulation_in_Canada


"As of September 2010, the Canadian Firearms Program recorded a total of 1,831,327 valid firearm licenses, which is roughly 5.4% of the Canadian population."

https://en.wikipedia.org/wiki/Firearms_regulation_in_Canada


United States

Some Americans may really love their guns,

But some people really loved to smoke indoors, in restaurants, in hospitals,

Legislation and Social Changes occur.

Some people really liked owning slaves.

'Liking something or a situation need not make it permeant in said nation.


Enforcement practicality

There are no gun 'Rights in Canada, though it has huge swathes of rural land with low policing and generally stronger potential for illegal smuggling.

Moreover, I'd argue people worry 'most about guns in crowded cities.


New York State 2022

"3/4 of NYers Say New Law Requiring Permit to Get Semi-Automatic

Weapons Will be Good for the State & 79% Hope Supreme Court

Upholds NY Law Requiring License to Carry a Concealed Handgun"

https://scri.siena.edu/wp-content/uploads/2022/06/SNY-June-2022-Poll-Release-6-16-22-Final.pdf


Ought a states people not be able to make laws as they see as Right?

We've changed various American laws before,

If New Yorkers don't 'want the 'Right to guns, ought they not be able to choose such?


Laws 'vary from state to state.

And as a state tightens gun laws, it becomes 'not a Right.

Thus as Gun laws vary from state to state, and some restrict quite a bit,

There 'is no 'American Right to guns.


That we 'had Gun Rights, and could buy guns in a 'Sears catalogue,

Does not mean we now have or 'ought have gun 'Rights.

"Benefiting from Rural Free Delivery, America’s burgeoning westward expansion and an era when background checks didn’t exist, Sears sold guns, in the mail, to anyone. In Sears’s 1950 Big Book, long before the Gun Control Act of 1968 or the Brady Law of 1993 anyone—absolutely anyone—could buy a Remington .22 for $17.95 (about $221 today), a Browning automatic for $78.44 ($966 today) or a Winchester for $98.89 ($1,218 today)."

https://www.smithsonianmag.com/innovation/before-folding-30-years-ago-the-sears-catalog-sold-some-surprising-products-180981504

. . .


Returning to huge swathes of rural land with low policing,

America is the odd one out on this continent of three countries.


"Complying with the other two regarding guns would greatly reduce gun smuggling.

"the Mexican Attorney General of the Republic (FGR) and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) undertook a joint effort to trace the origin and number of firearms in Mexico coming from or through the United States. Mexico’s Secretariat of Foreign Relations found that 70-90% of traced firearms originated from and passed through the US. ATF and the US Government Accountability Office (GAO) estimated a lower rate of 68%, comprising 50% domestically produced and 18% imported into the US, and ultimately found in Mexico."

https://www.wilsoncenter.org/article/infographics-arms-trafficking-across-us-mexico-border


C1 - Self defense

"nearly six out of every 10 gun deaths in the U.S. are suicides"

https://www.everytown.org/issues/gun-suicide


"Of the over 11,000 licensed gun manufacturers in the United States, four manufacturers—Glock, Taurus, Smith & Wesson, and Ruger—accounted for over 40 percent of the guns recovered in crimes in 2023.6"

https://everytownresearch.org/report/city-level-data-crime-gun-recoveries


What Gun 'Rights allows, is easy access for any psychopath, sociopath, or psycho to buy one themself firsthand from a gunshop or secondhand from a another citizen.


Were guns more controlled and a 'Privilege, not a 'Right,

Their decreased availability and easy access would be a decrease in deaths.

Decrease in suicides, killings, mass shootings.

Guns ought be accounted for and tracked.


So few a mass shooting and crime in America, do we hear about citizens with guns shooting the suspect.

Better to make it less likely to give such suspects the 'ability to easily acquire a gun.

As guns decrease in number and visibility, as they are tracked and accounted for, as they citizens are properly vetted and restricted in where they can use their gun.

Guns in crime as well as their sources become more visible. Easier to find and destroy.


C2 - Regulation over prohibition

Rights. . .

"the right of the people to keep and bear Arms, shall not be infringed."

What are Hoops and Barriers 'but infringement?

When the 'Right to an action is limited to those with money and time, what 'Right is it?


"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

https://constitution.congress.gov/constitution/amendment-2


Moreover what 'Right have Americans?

The Right to a well regulated Militia? or individual Gun ownership?


America is not as it was, wild frontier of wild animals and Native American raids,

Not as it was, once defending the land against foreign nations by militia, we now have a standing army.


I argue Americans have not the 'Right, nor need.


Prohibition

As argued earlier, some cultures may be popular, smoking, slavery, but cultures fade with laws.


As people can not be 'addicted to guns as they were with alcohol, there is less reason to expect such smuggling.

Such smuggling 'already exists 'by American Gun laws and manufacture compared to Canada and Mexico.


Compare the number of Guns in America with Canada or the UK.

Guns 'can be eased and removed from a nation.


C3 - Hunting

If guns are chipped and/or checked on by the police as in Japan, criminals acquiring guns shall be lessened.


There 'are methods of hunting other than guns, bows and spears for example.

'Or guns of more limited ability single shot shotguns for instance, Pellet Air Guns.

And if what guns you are allowed is 'limited, do you really have a 'Right to 'Guns, or a Right to certain Guns of limited ability. Well not 'Right. Privilege.


Dueling

Heh, Alexander Hamilton?


1 https://en.wikipedia.org/wiki/Percent_of_households_with_guns_by_country

2 https://www.cga.ct.gov/PS94/rpt/olr/htm/94-R-0838.htm#:~:text=Unlike%20the%20U.S.%20Constitution%2C%20the,any%20protection%20for%20gun%20owners.&text=Unlike%20the%20United%20States%2C%20where,Criminal%20Law%20Amendment%20Act%2C%201977.

3 https://en.wikipedia.org/wiki/Firearms_regulation_in_Canada

4 https://scri.siena.edu/wp-content/uploads/2022/06/SNY-June-2022-Poll-Release-6-16-22-Final.pdf

5 https://www.smithsonianmag.com/innovation/before-folding-30-years-ago-the-sears-catalog-sold-some-surprising-products-180981504

6 https://www.wilsoncenter.org/article/infographics-arms-trafficking-across-us-mexico-border

7 https://www.everytown.org/issues/gun-suicide

8 https://everytownresearch.org/report/city-level-data-crime-gun-recoveries

9 https://constitution.congress.gov/constitution/amendment-2

Round 3

3 of 4

What exactly is a right?

It seems we've been operating with different definitions of what a right is. To fix this, I intend to establish exactly what a right is according to several top legal experts and authorities. Note that as we are debating the legality of guns, we are therefore referring to legal rights.


Legal Information Institute says "A right is a power or privilege held by the general public, usually as the result of a constitution, statute, regulation, or judicial precedent."


LSD law (My first definition source) says "A right is a power or privilege that is given to the public by the law."


The Supreme Court

“Like most rights, the right secured by the Second Amendment is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. We also recognize another important limitation on the right to keep and bear arms. The Second Amendment allows ‘longstanding prohibitions’ on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.District of Columbia v. Heller (2008)

A legal right is a "power or a privilege," firm but in no way absolute. As the Supreme Court emphasized, this means a right to bear arms can and should be reasonably regulated. So, to win this debate I must prove that the “general public” should have access to guns, excluding those with an inclination towards crime or who struggle with mental illness.


I agree almost completely with Con

I agree with most of Con’s case. Our visions of gun control and regulation are very similar, the only significant difference between us is that I think there should be a protected base of firearms, such as simple hunting rifles and basic handguns due to their being paramount for the lives of many Americans. 

I’m not saying these should be unregulated, for example I really like the idea of tracking guns. Regulations like these ensure safety. Having a right does not mean having no rules, it just means basic, safe gun ownership can’t be taken away. With that said, on to the arguments. 



C1 - Self defense 

“Guns ought be accounted for and tracked.”

The right to life is meaningless without the right to the tools needed to defend it. I maintain that access to reasonable firearms should be a right for this purpose. I also agree fully with you that guns need to be made safer through the means you have mentioned such as tracking. 



C2 - Regulation over prohibition 

“Moreover what 'Right have Americans?”

Refer to the definitions above. Legal rights can be managed without destroying them. As long as Americans can access reasonable, regulated firearms without fear of them being taken away, they have a right.  


Prohibition

As you are not arguing for the prohibition of guns I see no utility in continuing to try to prove this point. I agree that the guns we don’t want, such as assault rifles, can be effectively phased out over time considering the environment of the U.S.  


Though if the privilege to guns were to be taken away in full I maintain that we would still see the negative effects of prohibition previously mentioned due to the United States' unique position and monstrous demand for guns that I doubt could be phased out.  



C3 - Hunting

“And if what guns you are allowed is 'limited, do you really have a 'Right to 'Guns, or a Right to certain

Guns of limited ability.”


A right to certain guns is still a right to guns nonetheless. See established definition of ‘guns.’ 

It’s not been disputed that hunting is very important not only for recreation but also for many people’s food security as well as conservation efforts, I therefore assert that it is very important for many hunters to have the right to a gun, albeit a tracked one.

 

Rebuttals 


Japan

“Ought this (ally disarmament) not be taken as argument on how guns 'can be removed from a country?”


Considering the conditions that made this possible, definitely not. 

The other differences I highlighted also still stand. Japan and America are very different cultures and need to be treated as such. 



Canada

“No protection, no 'Right. Privilege, is no 'Right.” 


From what I know about Canadian gun control (which is not too much) I think a similar system would work well for the United States, the most major difference being an assurance that these guns will not be taken away.



New York 

“Ought a states people not be able to make laws as they see as Right?” 


Yes, they should be able to, and Americans want gun rights, including New Yorkers. 


Wanting permits for concealed carrying and semi-automatics does not mean wanting to revoke the right to owning a gun. 


Federally only 21% of Americans support a repeal of the second amendment. (1) 28% in the Northeast. Importantly, I could not find a stat or source saying New York, or any state, wants to abolish the right to own a gun.



Sources

  1. https://www.washingtonpost.com/news/wonk/wp/2018/03/27/one-in-five-americans-want-the-second-amendment-to-be-repealed-national-survey-finds/








avatar
Leaning Global Moderator
Con #6
"It seems we've been operating with different definitions of what a right is." Pro

The importance of descriptions in debates.


"Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory."

https://en.wikipedia.org/wiki/Rights


"When the Founders created our Bill of Rights, they saw two primary reasons for the need to keep and bear arms. First, there was the inalienable right to self-defense that all people enjoy. Second, this right was deemed essential as a bulwark against oppression by the government.

Samuel Adams stated the Constitution should never be interpreted to “prevent the people from keeping their own arms”. Additionally, Theodore Sedgwick declared “a nation of freemen who know how to prize liberty and who have arms in their hands” cannot be oppressed. "

https://www.americanacorner.com/blog/bill-of-rights-second-amendment#:~:text=First%2C%20there%20was%20the%20inalienable,from%20keeping%20their%20own%20arms”.


"We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness."

https://portal.ct.gov/sots/register-manual/section-i/declaration-of-independence-us-constitution#:~:text=We%20hold%20these%20truths%20to,and%20the%20pursuit%20of%20happiness.

Liberty, which we achieved by free men with guns.


"The Founders believed that natural rights are inherent in all people by virtue of their being human and that certain of these rights are unalienable, meaning they cannot be surrendered to government under any circumstances."

https://constitutioncenter.org/the-constitution/white-papers/the-declaration-the-constitution-and-the-bill-of-rights#:~:text=This%20note%20was%20a%20promise,also%20a%20promise%20of%20liberty.


Even taken legalistically,


"Although the 1982 constitution guarantees freedom of speech,[25] the Chinese government often uses the "subversion of state power" and "protection of state secrets" clauses in their law system to imprison those who criticize the government."

https://en.wikipedia.org/wiki/Human_rights_in_China#:~:text=Although%20the%201982%20constitution%20guarantees,those%20who%20criticize%20the%20government.


"The Russian constitution provides for freedom of speech and press; however, government application of law, bureaucratic regulation, and politically motivated criminal investigations have forced the press to exercise self-censorship constraining its coverage of certain controversial issues, resulting in infringements of these rights."

https://en.wikipedia.org/wiki/Media_freedom_in_Russia#:~:text=The%20Russian%20constitution%20provides%20for,issues%2C%20resulting%20in%20infringements%20of


Try legally curtailing free speech in America as much as they do in some other nations, and then try telling people they still have the Rights of free speech.


In the tumultuous decades of the 1760’s and 1770’s, the Crown began to disarm the inhabitants of the most rebellious areas. That provoked polemical reactions by Americans invoking their rights as Englishmen to keep arms. A New York article of April 1769 said that “[i]t is a natural right which the people have reserved to themselves, confirmed by the Bill of Rights, to keep arms for their own defence.”

https://supreme.justia.com/cases/federal/us/554/570


Unfortunately society and technology has developed in such a way that guns are less effective in resistance against tyranny.

Drones, missiles, aircraft, satellite, the loss of states power and identity as countries in their own rights.

While guerilla defense 'can be impressive, when 'needed weapons can be required. Home made and abroad.

But in peace, they are more a danger to the people than a benefit.

And so the time for guns 'not to be the Right that they once were in America.

The need for accountability and further limitations of availability and firepower.

To the point, that what few guns remaining, cannot be considered the right of gun ownership.

See again the examples of 'Free 'Speech in other countries,

Consider whether limiting guns to hunters, limiting gun abilities to such as one sees in Japan.

Are these the gun Rights of our American ancestors?


Using the source Pro supplied under Supreme Court,

By the time of the founding, the right to have arms had become fundamental for English subjects. See Malcolm 122–134. Blackstone, whose works, we have said, “constituted the preeminent authority on English law for the founding generation,” Alden v. Maine, 527 U. S. 706, 715 (1999), cited the arms provision of the Bill of Rights as one of the fundamental rights of Englishmen. See 1 Blackstone 136, 139–140 (1765). His description of it cannot possibly be thought to tie it to militia or military service. It was, he said, “the natural right of resistance and self-preservation,” id., at 139, and “the right of having and using arms for self-preservation and defence,

https://supreme.justia.com/cases/federal/us/554/570


In Nunn v. State, 1 Ga. 243, 251 (1846), the Georgia Supreme Court construed the Second Amendment as protecting the “natural right of self-defence” and therefore struck down a ban on carrying pistols openly.

https://supreme.justia.com/cases/federal/us/554/570


No. And though we once had them, we've had and lost rights before.

Slave ownership for example.

State sovereignty.


"I think there should be a protected base of firearms, such as simple hunting rifles and basic handguns due to their being paramount for the lives of many Americans." - Pro


If America 'heavily regulates guns and removes the 'Right to guns, we complete with Canada and Mexico. Guns will next fall out of criminals hands, available only due to the glut of American guns.


Look to the UK and Japan, gun homicides.

Consider the militarized American police fearful of guns everywhere.

Compare them to UK constables generally without guns.

https://en.wikipedia.org/wiki/Police_use_of_firearms_in_the_United_Kingdom#:~:text=In%20the%20United%20Kingdom%2C%20police,by%20specially-trained%20firearms%20officers.


A decrease of guns in America can further improve public interactions with the police, as it demilitarizes.


"I think there should be a protected base of firearms, such as simple hunting rifles and basic handguns due to their being paramount for the lives of many Americans." - Pro


Crime prevention
It's difficult to find unbiased numbers on such a polarized topic, thankfully though I found the American Journal of Public health. (2) They estimate 61,000 - 65,000 defensive firearm incidents per year in the U.S, just a touch short of the NRA's millions, but still a significant number. - Pro Round 1


Whether a person defends themself with a handgun or their fists, it would count as self defense.

What encouraging firearms as a defense encourages, is accidents, suicides, criminals emboldened by the 'seeming power of guns.


Refer to the definitions above. Legal rights can be managed without destroying them.

See China and Russia examples.

Consider the 'Right to vote being discussed in America currently.

Trump and Voter ID, limiting the number of days voting is possible.

"single day of voting, something Trump has said he would like to see happen,"

"voter ID and proof-of-citizenship requirements."

https://www.pbs.org/newshour/politics/trump-has-pressed-for-new-voting-requirements-republicans-in-congress-will-try-to-make-that-happen

Depending what type of ID, perhaps Real ID.

The more hoops and barriers to entry, the less something is a Right, until it's not. Even if 'technically one 'might be able to achieve it.


"Prohibition
As you are not arguing for the prohibition of guns I see no utility in continuing to try to prove this point. I agree that the guns we don’t want, such as assault rifles, can be effectively phased out over time considering the environment of the U.S." - Pro

See earlier arguments on guns in America being a Right to fight tyranny.

Pro agreeing to remove assault rifles, means a butchering of the Right to resist tyranny, thus no right at all.


No 'Right to guns at all, which 'is my argument.

I 'too am for removing assault rifles in this debate, the difference is I acknowledge it for what it is. No Right to Guns, as is understood by American history.


Japan disbarment

Japan was full of guns, then it was not.

In June 1945, Japan established the “National Volunteer Combat Force,” a civilian paramilitary corps. All males age 15-60 and females 17-40 were required to join. They received training from the army on whatever weapons were available, notably bamboo spears and hand grenades.

https://www.airandspaceforces.com/article/japans-last-ditch-force

Every weapon available was getting out to the public, spread about the country. After WW2 they were removed over time, until Japan is as it is today.


New York is among a half-dozen states that had key provisions of its gun laws invalidated by the high court because of a requirement for applicants to prove they had “proper cause” for a permit. Gov. Kathy Hochul said Friday that she and her fellow Democrats in the state Legislature took action the next week because the ruling “destroyed the ability for a governor to be able to protect her citizens from people who carry concealed weapons anywhere they choose.”

https://www.pbs.org/newshour/politics/new-york-creates-gun-free-zones-after-supreme-court-ruling#:~:text=NEW%20YORK%20(AP)%20—%20Amid,a%20“Gun%20Free%20Zone.”


That does not match with the 'American idea of gun Rights. To have to beg, fill out forms, have proper 'cause. What cause? Perhaps being a police officer, on active military duty?

Only the 'government having a 'Right to guns?

Well, such 'is what I argue in this debate.


No repetition of sources used in round this round, as I am out of characters. 17 left.

Round 4

4 of 4

What is a right?

Can there be a right to firearms without gun control anarchy? The Supreme Court says yes, guns can be regulated and controlled.


My opponent asserts the following:

"I 'too am for removing assault rifles in this debate, the difference is I acknowledge it for what it is. No Right to Guns, as is understood by American history."

Though in my provided definition of guns I specified that a right to a gun was not a right to all guns. My opponent did not dispute this.

"I'm not against my opponent implied argument that their burden of proof does not have to mean Americans ought be able to own gatling guns or even per their own words 'assault rifles'"


I believe it is firmly established that a right can be regulated without destroying it.


Con does make a valid point that regulation, in some cases such as Russia and free speech, can make a right obsolete. This does not however make the importance of the right obsolete. We must still have a right and defend it from restrictions that go too far, as is the duty of the Courts.


Why must guns be a right?

First, I do not dispute that guns are no longer effective means to resist tyranny, but their are still plenty of other reasons guns need to be a right.


Self defense

It is not disputed that everyone has the right to defend themselves. Guns are a necessary tool in fulfilling that purpose effectively. The right to free speech is no good without tongue, and the right to self defense is no good without a gun. Granted, one can in theory defend themself with their fists as Con points out, but as long as their are guns in Canada, Mexico, and the rest of the planet there will surely be plenty of guns for determined criminals. What good are fists then?


Hunting and food security

Basic guns are essential tools for countless rural Americans. It's important we protect their access to the guns they actually need by making them a right. Making guns a right is an assurance farmers will have the tools they need and that many will continue to have food on their plates.



Guns are essential to the well being of the American public, and thus they must be protected with a right.


Vote Pro!


Big thanks to Leaning for the debate!



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Leaning Global Moderator
Con #8

"Con does make a valid point that regulation, in some cases such as Russia and free speech, can make a right obsolete." - Pro


I can hardly see the swift erosion of firearms to the average law abiding citizen as anything 'but strangulation of Rights to the point of nonexistence.

My opponent themself admits that 'scraps of Rights, are no Rights at all.


"For the first century of American history, serious state-level regulation of individual gun ownership or usage was almost non-existent for law-abiding citizens. For example, despite oft-repeated claims to the contrary, nothing prohibited private citizens from owning cannons."

https://www.heritage.org/the-essential-second-amendment/second-amendment-myths-and-misinformation


"The Kalthoff repeater was a type of repeating firearm that was designed by members of the Kalthoff family around 1630"

"Rate of fire 30-60 rounds/min"

https://en.wikipedia.org/wiki/Kalthoff_repeater


I maintain my argument that the earlier understanding of the Second Amendment by the Supreme Court of the Right of individuals and communities to self defense meaning more than 'pistols, and single shot rifles and shotguns.

Even now the Supreme Court has not ruled on assault rifles, waiting until the people are further subdued in the idea of no 'real Right to Gun Ownership.


A right 'can be regulated without destroying it.

But it can also by regulated into destruction as Pro themself admits.

. . .


And that is my side in the debate, to agree with Pro in the stripping of Gun Rights from Americans.

Despite the existence of Stock firing (bump-fire stock) and improvised assault rifles.

I and my opponent both take the view that Americans ought no longer have the Right to weapons of 'War, Guns as American 'History understands it.

But limited tools of sports shooting, hunting.

And soon pistols as well, for it can't be had for American citizens to have 'strong pistols that can go through police armor.

And why 'need they such?

When society can better shore up police and institutions as other countries such as Japan and the UK, as I argued in earlier rounds.

Nor are firearms the 'only means of self defends. Bear spray for instance, I made such arguments in earlier rounds.


Vote Con!


My thanks as well to Ultracrepidarian, I thought it an interesting debate.

New comment

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•••
#21
--> @philochristos

Going even deeper: Not all studies are equally valid. There's a lot of bogus research floating around... spotting poor methodology is not as hard as one would think. So you can attack bad arguments right at the primary source sometimes.

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Kohai Administrator
•••
#20
--> @Leaning, @Ultracrepidarian, @NordMan009

<p>>Reported Vote: NordMan009 // Mod action: Removed</p>
<p>>Voting Policy: info.debateart.com/terms-of-service/voting-policy</p>
<p>>Voted for: pro</p>
<p>>Reason for Decision: too-vague</p>
<p>>Reason for Mod Action:</p>
<p>Voter does not sufficiently explain his vote. Voter needs to analyze pro’s arguments and explain **how and why** con failed to rebut them. </p>

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Kohai Administrator
•••
#19

<p>--- NordMan009's former vote---</p>
<p>Voted for: pro</p>
<p>Ultracrepidarian gave step by step arguments in defense but Leaning failed to properly address them.</p>

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Kohai Administrator
•••
#18
--> @Leaning, @Ultracrepidarian, @pedro7ag

<p>>Reported Vote: pedro7ag // Mod action: Removed</p>
<p>>Voting Policy: info.debateart.com/terms-of-service/voting-policy</p>
<p>>Voted for: con</p>
<p>>Reason for Decision: fails-to-analyze</p>
<p>>Reason for Mod Action:</p>
<p></p>

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Kohai Administrator
•••
#17

<p>---pedro7ag's former vote---</p>
<p>Voted for: con</p>
<p>I think contender is the obviously winner not just for his words but also for just simple moral as he said GUNS ARE ADICTIVE AS ALCHOOL guns have brough destruction through years and it is not a RIGHT to give it to anyone who wants to have duels...</p>

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#16

Thank you everyone for the feedback.

America can be defined as both continents, but another completely valid and used definition is just the United States, and I feel I made it fairly clear which one I was referring to. While it is appreciated, I do not think I deserve the vote.

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fauxlaw Global Moderator
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#15
--> @melcharaz

I didn't read your vote. I merely answered your post #10. And of the 30 countries to which I've been, 5 of them [6, including the US, my native country] are in N & S America, but \none of the residents of those countries refer to themselves as "American." They identify by their country: Mexican, Canadian, Brazilian, Argentine, and French Guiana.

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#14
--> @fauxlaw

Your personal experience doesnt define which countries are "american" if you feel my vote was invalid, let @david or other mods know!

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#13
--> @Leaning

Anytime! If you feel my vote failed to meet standards just @david or other mods for review!

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Leaning Global Moderator
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#12
--> @melcharaz

Darn,

I think description 'is important, but the right to animal bear arms or America's other that the United States of America.
Eh, odds were good on each of us understanding what the debate was about.
Feels against the spirit of the debate to be obtuse in interpretation.

I don't think I did 'too bad on defining 'Rights, but I do think I could have done better.
Seems a difficult concept 'to define, maybe.

The 2nd Amendment or the Supreme Court, Ultracrepidarian 'did use them a bit, to claim guns as a 'Right,
And I argued times change, as well as the 'Right to Guns being to more than rifles and handguns historically.

Still, I appreciate the feedback and you voting.

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fauxlaw Global Moderator
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#11
--> @melcharaz

"American" is standard moniker for people from the U.S. I am an American. I've been to 30 countries in my life, mostly for business. In each, without exception, I have been refereed to as an "American," not "from the U.S." My vote should iondicatre to you my mindfulness of Description. And Cancada has more wilderness than any other country in the Nortrh and South American continents..

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#10
--> @fauxlaw, @Leaning

Description said american. There is a north and south america. Not just united states.

Be mindful of description.

Just because it says phrase "right to bear arms" doesnt mean its united states.

..... canada has more bears than other countries in the americas.

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Leaning Global Moderator
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#9
--> @fauxlaw

Many Things are all a bit different, but one can observe what others do,
Theorize whether and how it might work with another Thing.

People, businesses, armies, countries.

Certain laws, concepts, strategies, items are implementable, admittedly often with slight change to another's use of.

I 'do think America is rather different from a number of other countries, and that such limits our knowledge of what concepts might work if transplanted.
I do think it adds some difficulty in comparing America to other countries, but I don't think it is off topic.
. . .

Suppose we lived in Colonial America and were Native Americans discussing what our weaponry should be.
One could argue the debate to be limited to only what our people currently have and are using.
Bows and arrows, but some guy argues we should adopt the flintlock rifle.
It seems to me to miss the mark to claim that aspects of the bow and arrow civilization should not be compared with outside nations.
There are 'differences of course, that might make flintlocks a difficult transition,
Lack of blacksmiths, knowledge, gunpowder, army tactics different.
But I wouldn't agree that the two countries should not be compared when considering change.

I'm not complaining about the vote,
I'm just not convinced of the Comparison Invalid argument.
Though admittedly if I was on the opposite side, I'd argue differences between America and other countries explain certain Outcome differences.
That maybe mean guns are not the problem, or that gun removal might be difficult.

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fauxlaw Global Moderator
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#8
--> @Leaning

The problem witch arguing comparison to other countries is that Pro defined America as the scope of fhe debate. That should be enough reason not to drift. But, what other country really compares to the US? We're the 3rd largest population in the world, and that comes with problems most other countries just do not have, coupled with the fact that none mentioned are presidentially-led democratic republics, so, again, what comparison is valid?

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Leaning Global Moderator
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#7
--> @fauxlaw

"That directive was: "Should every American have the right to bear arms?" - thus establishing the country of debate limitation - America - and not in addition to Japan, Canada, Mexico."
- fauxlaw

I don't see the problem with comparing America to other countries.
By other countries one can see what is possible.
By other countries one see's laws in such degree that certain allowances are not 'Rights.

"Right"
- fauxlaw

I 'did have trouble defining and separating Right and Privilege.
I don't see the New York example as arguing Rights can exist in 'any degree of regulation.
At certain degrees of regulation, I think certain actions and possessions are no longer Rights in a fashion. Hm, but even here I have difficulty putting the thought into words.
I see New York as argument that people choose their Rights, and that they can choose to have no Right to guns.

"Sourcing"
- fauxlaw

It's hardly 'impossible to link referenced sources and texts,
I put the sources right after each text they applied to.
. . . But it's a fair point that putting number next to source both in argument and at end, might have been better.

Fair point on my use of apostrophe, though I think the difference between 'Word and ""Word" is clear enough.
Still I understand why someone might count it against me, not following traditional language.

Still, my views aside, I appreciate the feedback and vote on the debate.

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Leaning Global Moderator
•••
#6
--> @Kohai, @Ultracrepidarian

@Ultracrepidarian
I thought you did well, lot of sources, argued America compared against island nations being a 'bit of a false equivalence.
Kept focus on 'some guns being allowed, and many being regulated.
. . . Though glancing through again, might have used more argument for necessity of pistols and self defense.


Myself I struggled, as my mind is so used to being on the other side of the debate.
Kind of winged it.

@Kohai
Reminder

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Kohai Administrator
•••
#5

Remind me to vote on this

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#4

I'm libertarian on guns.

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#3

That's good advice. I've had people cite sources that actually refute their case but have relevant sounding titles

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#2

Oh, one other thing about sources. I was arguing with a friend one time, and she cited three sources to back up her point of view. When I looked at them, they all turned out to be articles written to comment on the same study. So in reality, she only had one source--that one study. But she seemed to think she had three independent sources.

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#1

My only advice is to actually look at every source your opponent cites. There have been lots of times when I've done that and found that the source doesn't say what my opponent seem to think it said.

Criterion Pro Tie Con
Winner
Few things to mention. 1: description says *american*i regard that as both north and south american. so im disregarding japan, russia and china comparisons, only *american* countries. Also that the U.S. 2nd amendment is interpreted as supporting evidence instead of being weighed as major point in this debate, and the right to bear arms as the foundation... but as it is even supreme courts have to rule on the interpretation, and op gives no description definitions...
2: round 3 pro says he almost agrees with con except on this "I agree almost completely with Con

I agree with most of Con’s case. Our visions of gun control and regulation are very similar, the only significant difference between us is that I think there should be a protected base of firearms, such as simple hunting rifles and basic handguns due to their being paramount for the lives of many Americans."

To which con replies "If America 'heavily regulates guns and removes the 'Right to guns, we complete with Canada and Mexico. Guns will next fall out of criminals hands, available only due to the glut of American guns."
He then never reproves the definition of rights as pro laid out, he only rebutts it.

Pro barely won. Next time make descriptions like you are trying to make a house rule.

Con needs to be aware of his links and be aware of semantics of "which americans" when determining statistics. He may have potentially rebutted pro if he cited colombia regulation on fire arms for example, as they are an "american" country
fauxlaw
fauxlaw Global Moderator
#1
Criterion Pro Tie Con
Winner
Ahhh... definitions. My kingdom for a definition placed where it/they ought be placed: in the Description so it is not a triffling matter within the debate rounds. Thereby, an opponent, having accepted the debate challenge as is, accepts the definitions, as is. Period. Full stop. The bane of poor debating is centered herein. The rule by which I vote: "The keywords of a challenged title/resolve shall be defined in Description."

Pro delayed offering definitions until R1, making them, therefore, available for rebuttal by Con, which is exactly what happened in this debate.
However, Pro's Description did contain a key directive which both participants proceeded to ignore, first by Con in R1, and then by Pro in R2, and by both for the balance of the debate. That directive was: "Should every American have the right to bear arms?" - thus establishing the country of debate limitation - America - and not in addition to Japan, Canada, Mexico... all made mention in Con's rounds, and were not shutdown by Pro in R2 when other countries should have been declared beyond the scope of the debate.

That said, Pro's R1 did emphasize that a "right" can still be be regulated, such as " "A rule that says people can do something or have something because it is fair and allowed by the law," and supported this allowance by credible sourcing, and exemplified by "a felon has forfeited their right to a firearm."

Con tried, and failed to overwhelm that argument, thought it was claimed defeated by Con, by such argument as "I'm not so sure about 'Rights,
Some people argue..." a very weak rebuttal, and lacking any credible evidence to support it. Con agues rights vs privileges, which are distinctive, but that claim does not successfully argue against "the right to bear arms" by law, which Pro cites, and even Con acknowledges in R2 "3/4 of NYers Say New Law Requiring Permit to Get Semi-Automatic Weapons Will be Good for the State..." and citied this quote source, which acknowledges even rights have regulation. Con effectively surrendered the debate with that commentary, because it shot holes in his own BoP.

Pro wins this debate by his successful arguments and sourcing. Con's arguments, while having source references, never ties those references by any notice within his argument text, so linking referenced sources to any text was virtually impossible. put the reference numbers in the text. Another difficulty with reading Con's arguments was the virtual constant apparent quoting of something with open quotes, but never closes quotes, so one is never sure when the quote is supposed to conclude. Sloppy punctuation making legibility difficult.