[World Knowledge] Jiang Zhenchun: There are endless shooting in the United States, and the gun control is not pine?

On June 23 and 24, the two courts of the United States Congress passed the BiPartisan SAFER COMMUNITIES Act. On June 25, President Biden signed the bill quickly to form a law formally. The "Both Party Security Community Law" is a response to a series of malignant shootings such as the Coshaas campus shooting in May. It is also the most important law control law passed by the US Congress in the past 30 years.

However, on June 23, the Supreme Court of the United States sang "Taiwan Opera" with Congress. In the "New York State Rifle Pistol Association v. BRUEN, the" Broon case "), the Supreme Court overturned New York State 1911 with a voting result of 6: 3. The law of effective gun control. According to the verdict, individuals will be further expanded and have the right to hold guns in public.

The "Both Party Security Community Law" made the American people hope to ignite the control of guns, and the "Broan case" worried about the prospects of gun control. What is the attitude of the highest judicial organs in the United States and the highest legislature in terms of gun control?

On June 24, 2022, the House of Representatives of the United States voted with 234 votes and 193 votes, and voted for the "Both Party Security Community Law". The picture shows before the bill of voting, the Speaker of the House of Representatives Pelosi (first from left) and some members of the Representatives and supporters of firearms gathered in front of the Congress building to make the bill passed.

Guns control: Federal rights or state rights?

There are endless shooting in the United States and seriously threatened public safety. Generally speaking, the states in the United States have undertaken the heavy responsibility of maintaining citizens' health and public safety based on "public security rights". Public security rights refer to the laws that have the right to formulate and implement public health, public safety and social welfare in the region, or entrust this right to local governments. Public security rights are one of the important contents of the US federal principles.

US constitutionalist Jeffrey Stone believes that the US federal system reflects the five major values: efficiency, promoting individual selection, encouraging tests, promoting democracy, and preventing autocracy. Encouraging tests are one of the most important values. In 1932, Judge Blanse, known as the "Great Objury", proposed the "State Laboratory Theory" in the "New State Ice Co." case "New State Ice Co., Essence He believes: "Establishing the 'laboratory' in American society and economic affairs is a difficult task. Negotating the rights of the state and local trials will bring serious consequences to the country. If a brave state, in the people of its people Choose to become a laboratory and try new social and economic tests, and it will not bring danger to other parts of the country, which is a gratifying thing for the federal system. "Judge Branus believes When judging a solution to a problem, even if it is a national problem, there is no need to make decisions quickly. People can try different methods and try various ideas before the country is unified. Based on this, the US Constitution will fully protect the independent decision -making power of various states in local affairs.

Ten tunnel controls traditionally belong to the scope of state rights, and the problems of firearms faced by states are very different. Therefore, gun control also fully reflects the differences and diversity of the state and the local area. Encourage "test" and do not engage in "one -size -fits -all" to fully reflect the characteristics of the federal system. In order to safeguard the public order and public safety interests, the states have introduced the laws of gun control law suitable for their own characteristics. Taking New York City as an example, New York City was known as "criminal paradise" in the early years of last century. In 1911, the mayor William Gina and the writer David Graham Philipus were shot, the former was seriously injured, and the latter died. The state senator Timoshi Sharvin led the state legislature to pass the Sullivan Act. The Law stipulates that carrying a hidden pistol in public must obtain a permit, and the applicant must "prove the special needs of self -defense" to grant a mission permit. "Salle Culture Law" is an important law control law in New York State. However, after more than 100 years of operation, the law was overthrown by the Supreme Court of the United States in the "Broan case", which shocked the American gun -limited people.

"Broan Case": Expand the scope of the application of personal gun rights

In the "Broan case", the oldest conservative judge Thomas wrote the majority of courts.

First of all, most of the opinions are trying to maintain the constitutional constitution of the two milestone judgments of the US Supreme Court in 2008 and the 2010 McDonald Case. The "Herle Case" and "McDonald Case" are not only a precedent for the "Broan case", but also the legal basis of the "Broon case". The "Herle Case" establishes the second amendment to the Constitution to protect the right of individual holding and carrying weapons. Individuals have the right to go out of traditional and legal purposes, such as self -defense at home and using weapons. Acknowledging the right to hold the individual is a basic right of personal rights, and the second amendment to the legitimate procedure clause of the 14th amendment to the Constitution is used to make the gun rights applies to states in the United States.

Secondly, most opinions believe that New York State's required "legitimate reason" to apply for a gun permit violates the fourteen amendments to the Constitution because it prevents the right to exercise the constitution with the constitution of the constitution. Judge Thomas believes that restricting the right to carry weapons at home will greatly reduce the effective protection of the second amendment of the Constitution. Thirdly, most opinions use historical analysis methods, and believe that "the rights of individual holding and carrying weapons are rooted in the history and tradition of the United States. Regulating the rationality of its control must be proved. It is in line with the historical tradition of national gun supervision. "

Finally, most opinions believe that the basic rights given by the second amendment to the Constitution should enjoy the same treatment as the basic rights of other citizens. Citizens do not need to prove "special needs" and get government officials permitted by government officials when exercising the right to exercise the second amendment. Most opinions say: "When involved unpopular remarks or freedom of religious belief, the first amendment is not operating like this; when the defendant and witnesses are unfavorable to him, the sixth amendment is not operating like this; When it comes to self -defense to carry guns in public, the second amendment is not operating like this. "

On May 24, 2022, a campus shooting occurred in Rubu Primary School, Uvardi, U.S., and killed 21 people, including 19 children. This is the most vicious campus shooting in the United States in the past decade. The picture shows the local people who presented flowers to mourn the victims in the shooting incident.

"Both Party Security Community Law": a method of compromise and right

The "Broan" judgment means that American citizens will no longer have legal obstacles to carry guns in sensitive places such as hospitals, schools, bars, and gymnasiums. This verdict challenged other New York -like gun control laws, and the violent crime of guns in the United States may further intensify. Although the U.S. Congress passed the Federal Firefare Control Law, the Security Community Law of the Both parties, the law did not effectively achieve the goal of gun control.

The "Both Party Security Community Law" mainly includes the following items: First, the background survey of buyers from 18 to 21 years old has been strengthened. Clarify the definition of gun dealers licensed by the federal permission; third, the funding of $ 750 million helps states to implement the "Red Flag Law", that is, allowing family members, police and others to ask federal courts The intervention plan, including providing funds for mental health treatment projects; fourth, if individuals are convicted due to the violence of the current or predecessor, the bill will prohibit them from holding guns for at least five years to close the so -called "boyfriend vulnerability".

The "Both Party Security Community Law" is a compromise made by the two parties of Congress to election for political interests. It is a suitable method. It is full of loopholes. (Federal Assault Weapons Ban). In 1994, the U.S. Congress passed the 10 -year "Federal Forbidden Attack Weapon Law". The law banned private production, ownership and imported semi -automatic offensive weapons and large -capacity magazines. Essence However, after the "Federal Banning Inactivity Weapon Law" in 2004, the Republican and White House controlled by the Republican Party will no longer be extended. Since then, Congress has no longer passed the weight of federal gun control laws.

The Congress of "inaction" and the Supreme Court of "Dafa"

In the past 20 years, compared with Congress's "inaction", the US Supreme Court has "shined" in the review of legislative legislation on gun control. Through judicial review, the Supreme Court announced that some federal, state, and local gun control legislation was unconstitutional. In fact, as Judge Breye said in the "McDonald Case", non -elected judges lack technical capabilities and localized professional knowledge in evaluating most of the gun control measures. Judge Brey believes that the US Constitution does not require the judges to evaluate the constitutionality of gun control laws. To seek answers in the experience, the legislature is far better than the court to make a constitutional decision. However, as far as the US Congress, which is "even more than,", the federal -level gun control legislation is lacking, which undoubtedly disappoints the American people.

Due to the federal system, the US state and local governments have the responsibility and obligations to adapt to local conditions according to local conditions, and actively "test" to control guns to prevent guns from suffering. However, if the width of the control is not well grasped, it is likely to infringe the basic rights of individual holdings and carry weapons, which is unconstitutional. Therefore, driven by the interest group of the firearms, the Supreme Court of the United States has intervened more of gun control cases and announced that the laws of state and local firearms control laws are unconstitutional. The Congress of the legislative legislation has been reduced to the "empty talks". The party's competition, pushing, leather, and inaction have caused the flood of guns and the frequent occurrence of shooting cases.

From the "Herle Case" to the "Broan case", the voting of the judges completely reflects the politicalization of conservative and freedom and freedom and the US Supreme Court of the United States.The opposition between the highest judicial institutions and the highest legislature reflects the polarization of the highly conservative Supreme Court and the Democratic Congress control on the issue of gun control, highlighting the political polarization of the United States.The "Both Party Security Community Law" is not so much the beginning of the new era of two parties to reach a consensus on gun control. It is better to be a rare product of the two -party compromise.In 2022, the midterm election of Congress is approaching. Once the Republican Party controls the US Congress, gun control legislation will fall into a deadlock.(The author is a professor at the School of Law of Nanjing Audit University)

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