A Different Approach to the National Gun Control Debate: Whether Direct Negotiations Between Interest Groups Can Facihtate the Creation of Meaningful Legislative Policy

Authors

Arielle Kraus, Benjamin N. Cardozo School of Law

Abstract

This Note aims to shed light on a different approach to the national gun debate. The Background of this Note will explore the origin of the gun debate from both sides, the evolution of both the Gun Rights Lobby, spearheaded by the NRA, and the Gun Control Lobby, and the ways in which their evolutions have impacted the national debate today. The current state of the gun debate addresses the relationship between the polarity of the extreme positions and the political climate. Moderate democratic voices have seemed to disappear altogether, and in their place, extremists on both sides have filled the void. Furthermore, notwithstanding the recent surge in mass shootings, federal gun legislation is at an impasse, resulting in a majority of Americans' views not being met. The Discussion section outlines some basic tenets of negotiation theory and the benefits they provide. An analysis of past negotiations between hostile parties with adverse interests will highlight key tactics that proved successful and unsuccessful and in doing so, will draw parallels to the conflict at issue. Additionally, concerted efforts within the alternative dispute resolution field, to utilize conflict resolution theories and models for more increased participation in policymaking will be acknowledged.

This Note ultimately proposes that in structuring the interactions between the key actors in the gun debate, negotiations between the Gun Control Lobby and the NRA could serve as a more imaginative yet effective response to the issue of gun control. By removing these groups from their status quo as public adversaries, negotiations would directly address their intersecting interests and lessen the need for extreme positions to be asserted. As a result, this could empower each group to come to some sort of consensus and directly participate in the creation of policy.

Disciplines

Constitutional Law | Dispute Resolution and Arbitration | Education Law | Law | Law and Politics | Second Amendment | Supreme Court of the United States

Recommended Citation

Arielle Kraus, A Different Approach to the National Gun Control Debate: Whether Direct Negotiations Between Interest Groups Can Facihtate the Creation of Meaningful Legislative Policy, 21 Cardozo J. Conflict Resol. 691 (2020).
Available at: https://larc.cardozo.yu.edu/cjcr/vol21/iss3/7