Circumscribing the Right to Bear Arms: the Second Amendment, Gun Violence, and Gun Control in California and Mississippi

Abstract

The United States occupies a unique position amongst countries around the world when it comes to gun rights. While the United States is one of three countries that provides its people the constitutional right to bear arms, it is the only country that has more guns per capita than residents. Further, because of the saturation of guns in the United States, the country significantly leads in the amount of gun-related homicides than any other developed nation. Nevertheless, state legislatures have circumscribed gun rights within the bounds of the Second Amendment to the United States Constitution to curb gun violence. This note weighs California and Mississippi's gun control laws against rates of gun violence in the respective states. Using critical race theory, the paper concludes that while there is a direct correlation between stricter gun control laws and lower gun violence, gun violence disproportionately affects Black Americans. These findings are grounded in social, historical, political, and constitutional analyses