A Clash of Arms: The Great American Gun Debate

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DIANE Publishing, Mar 1, 1991 - 200 pages
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Examines the impact of gun control measures, including a firearms ban on reducing the incidence of violent crime and accidental shootings in Hawaii. Sections: a right to bear arms -- for what purpose?; firearms bans: are they effective? (examines California, New Jersey, Maryland, Minnesota, and international comparisons); impact of firearms ban on law enforcement; federal firearms control law and recent legislation. Tables. Prepared by state of Hawaii; valuable for all States.
 

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Contents

II
1
III
2
IV
3
V
4
VI
5
VII
6
VIII
7
IX
8
XL
102
XLI
104
XLII
107
XLIII
108
XLIV
118
XLV
121
XLVI
124
XLVII
127

X
11
XI
12
XII
16
XIII
17
XIV
18
XV
29
XVI
30
XVII
31
XVIII
32
XIX
33
XXI
34
XXII
38
XXIV
39
XXV
42
XXVII
47
XXVIII
52
XXIX
68
XXX
69
XXXI
70
XXXII
83
XXXIII
88
XXXIV
91
XXXV
95
XXXVI
96
XXXVIII
97
XXXIX
98
XLVIII
128
XLIX
132
L
156
LI
161
LII
162
LIII
163
LIV
164
LV
165
LVI
170
LVII
171
LVIII
172
LIX
173
LX
174
LXI
175
LXII
176
LXIII
177
LXIV
178
LXV
179
LXVI
180
LXVII
181
LXVIII
182
LXIX
183
LXX
184
LXXI
185
LXXII
191
LXXIII
197

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Page 15 - While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.
Page 9 - In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common...
Page 156 - Police officer" means any full-time employee of a police department which is a part of or administered by the State or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of this State. SECTION 3. POLICE STANDARDS COUNCIL (a) There is hereby established a Police Standards Council, hereinafter called "the Council," in the Executive Office of the Governor.
Page 159 - Whenever, on trial for a violation of this section, the defendant is shown to have, or to have had, possession of such opium or preparation or derivative thereof, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant shall explain the possession to the satisfaction of the jury.
Page 156 - ... means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
Page 9 - the possession or use by private persons not present or prospective members of any military unit, of distinctly military arms, such as machine guns, trench mortars, anti-tank or anti-aircraft guns, even though under the circumstances surrounding such possession or use it would be inconceivable that a private person could have any legitimate reason for having such a weapon".
Page 160 - ... required report or affidavit or files a false report or affidavit shall be subject to a fine of not more than two thousand dollars ($2,000). Any person who wilfully violates this section, or who makes a false statement knowing it to be false, or who knowingly fails to disclose a material fact shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than thirty days or both. Each individual required to sign affidavits or reports under this section shall be personally...
Page 13 - The Second Amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress.
Page 156 - shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. (6) The term "short-barreled shotgun...
Page 158 - ... if such replica— (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United...

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