Showing posts with label Guns. Show all posts
Showing posts with label Guns. Show all posts
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.-Americas Original Homeland Security
A government that does not trust its law abiding citizens to keep and bear arms is
itself unworthy of trust.- James Madison
Those who would give up essential liberty to purchase a little temporary safety
deserve neither.-Benjamin Franklin
Firearms stand next in importance to the constitution itself. They are the peoples liberty
teeth.-George Washington
The strongest reason for the people to retain the right to keep and bear arms is...to protect
themselves against tyranny in government.-Thomas Jefferson
A free people ought not only be armed and disciplined but should have sufficient arms
and ammunition to maintain a status of independence from any who might attempt to abuse them,
Which also includes their own government. George Washington
This Country, with its institutions, belongs to the people who inhabit it. Whenever they
shall grow weary of the existing government, they can exercise their constitutional right of
amending it or their revolutionary right to dismember or overthrow it.-Abraham Lincoln
Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the outcome of the vote.-Benjamin Franklin
When firearms go, all goes. We need them every hour.-George Washington
Americans have the right and advantage of being armed, unlike the citizens of other
countries whose governments are afraid to trust the people with arms.-James Madison
You can have my gun when you pry it from my cold dead hands.-Charlton Heston
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.-John F. Kennedy
To disarm the people... was the best and most effectual way to enslave them.-George Mason, speech of June 14, 1788
No slave shall keep any arms whatever, nor pass, unless with written orders from his master or employer, or in his company, with arms from one place to another. Arms in possession of a slave contrary to this prohibition shall be forfeited to him who will seize them.
— A Bill Concerning Slaves, Virginia Assembly, 1779
For me it's because I understand the police can't be everywhere 24-7. The world isn't some pretty flower laced utopia that people would like you to believe. Crime is a daily occurrence that can't be quashed no matter how many police you have patrolling through neighborhoods. The police try to their best to detour crime but they can't detour it all. It is up to us to better our neighborhoods and if it means me having my pistol so some thug won't cross my path and try to take what I have worked hard for. So be it. If one crosses my path and I have to use my pistol I will. I pray I never have to do it but if it happens it just happens.There are people who wake up in the morning with the mindset to destroy the lives of good citizens. I understand that mass murders will happen but the numbers can be less if someone stands up and takes the aggressor out. But I guess some would like us to stand up and say " hey you stop shooting or I will call the police".
Has anyone ever noticed that most gun crimes occur in so called "gun free" zones. That is because the criminal element knows that the law abiding citizen won't be armed. So then in turn the criminal attacks those who he knows for a fact will be unarmed. Those who lobby for stronger gun laws should understand that no matter how stringent the gun laws are the criminal element with still get their hands on guns. THEY ARE CRIMINALS. THEY DON"T FOLLOW THE LAWS OF THE LAND. They don't care that you can't be a felon and buy a firearm. They don't care about the various safety course that law abiding citizens take everyday. They don't Care about what the constitution says about gun ownership. All they care about is getting their hands on a gun to commit crimes against the law abiding public.
I don't own a gun because I believe I'm superman. I don't own a gun because I believe some imaginary war is going to break out here in America. The following basically sums up why I own a gun...
Why I Carry a Gun
I don't carry a gun to kill people.
I carry a gun to keep from being killed.
I don't carry a gun to scare people.
I carry a gun because sometimes this world can be a scary place.
I don't carry a gun because I'm paranoid.
I carry a gun because there are real threats in the world.
I don't carry a gun because I'm evil.
I carry a gun because I have lived long enough to see the evil in the
world.
I don't carry a gun because I hate the government.
I carry a gun because I understand the limitations of government.
I don't carry a gun because I'm angry.
I carry a gun so that I don't have to spend the rest of my life hating
myself for failing to be prepared.
I don't carry a gun because I want to shoot someone.
I carry a gun because I want to die at a ripe old age in my bed, and
not on a sidewalk somewhere tomorrow afternoon.
I don't carry a gun because I'm a cowboy.
I carry a gun because, when I die and go to heaven, I want to be a
cowboy.
I don't carry a gun to make me feel like a man.
I carry a gun because men know how to take care of themselves and the
ones they love.
I don't carry a gun because I feel inadequate.
I carry a gun because unarmed and facing three armed thugs, I am
inadequate.
I don't carry a gun because I love it.
I carry a gun because I love life and the people who make it meaningful
to me.
Police Protection is an oxymoron. Free citizens must protect themselves.
Police do not protect you from crime, they usually just investigate the
crime after it happens and then call someone in to clean up the mess.
..author unknown (but obviously brilliant)
Has anyone ever noticed that most gun crimes occur in so called "gun free" zones. That is because the criminal element knows that the law abiding citizen won't be armed. So then in turn the criminal attacks those who he knows for a fact will be unarmed. Those who lobby for stronger gun laws should understand that no matter how stringent the gun laws are the criminal element with still get their hands on guns. THEY ARE CRIMINALS. THEY DON"T FOLLOW THE LAWS OF THE LAND. They don't care that you can't be a felon and buy a firearm. They don't care about the various safety course that law abiding citizens take everyday. They don't Care about what the constitution says about gun ownership. All they care about is getting their hands on a gun to commit crimes against the law abiding public.
I don't own a gun because I believe I'm superman. I don't own a gun because I believe some imaginary war is going to break out here in America. The following basically sums up why I own a gun...
Why I Carry a Gun
I don't carry a gun to kill people.
I carry a gun to keep from being killed.
I don't carry a gun to scare people.
I carry a gun because sometimes this world can be a scary place.
I don't carry a gun because I'm paranoid.
I carry a gun because there are real threats in the world.
I don't carry a gun because I'm evil.
I carry a gun because I have lived long enough to see the evil in the
world.
I don't carry a gun because I hate the government.
I carry a gun because I understand the limitations of government.
I don't carry a gun because I'm angry.
I carry a gun so that I don't have to spend the rest of my life hating
myself for failing to be prepared.
I don't carry a gun because I want to shoot someone.
I carry a gun because I want to die at a ripe old age in my bed, and
not on a sidewalk somewhere tomorrow afternoon.
I don't carry a gun because I'm a cowboy.
I carry a gun because, when I die and go to heaven, I want to be a
cowboy.
I don't carry a gun to make me feel like a man.
I carry a gun because men know how to take care of themselves and the
ones they love.
I don't carry a gun because I feel inadequate.
I carry a gun because unarmed and facing three armed thugs, I am
inadequate.
I don't carry a gun because I love it.
I carry a gun because I love life and the people who make it meaningful
to me.
Police Protection is an oxymoron. Free citizens must protect themselves.
Police do not protect you from crime, they usually just investigate the
crime after it happens and then call someone in to clean up the mess.
..author unknown (but obviously brilliant)
The historical record provides compelling evidence that racism underlies gun control laws -- and not in any subtle way. Throughout much of American history, gun control was openly stated as a method for keeping blacks and Hispanics "in their place," and to quiet the racial fears of whites. This paper is intended to provide a brief summary of this unholy alliance of gun control and racism, and to suggest that gun control laws should be regarded as "suspect ideas," analogous to the "suspect classifications" theory of discrimination already part of the American legal system.
Racist arms laws predate the establishment of the United States. Starting in 1751, the French Black Code required Louisiana colonists to stop any blacks, and if necessary, beat "any black carrying any potential weapon, such as a cane." If a black refused to stop on demand, and was on horseback, the colonist was authorized to "shoot to kill." [1] Slave possession of firearms was a necessity at times in a frontier society, yet laws continued to be passed in an attempt to prohibit slaves or free blacks from possessing firearms, except under very restrictively controlled conditions. [2] Similarly, in the sixteenth century the colony of New Spain, terrified of black slave revolts, prohibited all blacks, free and slave, from carrying arms. [3]
In the Haitian Revolution of the 1790s, the slave population successfully threw off their French masters, but the Revolution degenerated into a race war, aggravating existing fears in the French Louisiana colony, and among whites in the slave states of the United States. When the first U. S. official arrived in New Orleans in 1803 to take charge of this new American possession, the planters sought to have the existing free black militia disarmed, and otherwise exclude "free blacks from positions in which they were required to bear arms," including such non-military functions as slave-catching crews. The New Orleans city government also stopped whites from teaching fencing to free blacks, and then, when free blacks sought to teach fencing, similarly prohibited their efforts as well. [4]
It is not surprising that the first North American English colonies, then the states of the new republic, remained in dread fear of armed blacks, for slave revolts against slave owners often degenerated into less selective forms of racial warfare. The perception that free blacks were sympathetic to the plight of their enslaved brothers, and the dangerous example that "a Negro could be free" also caused the slave states to pass laws designed to disarm all blacks, both slave and free. Unlike the gun control laws passed after the Civil War, these antebellum statutes were for blacks alone. In Maryland, these prohibitions went so far as to prohibit free blacks from owning dogs without a license, and authorizing any white to kill an unlicensed dog owned by a free black, for fear that blacks would use dogs as weapons. Mississippi went further, and prohibited any ownership of a dog by a black person. [5]
Understandably, restrictions on slave possession of arms go back a very long way. While arms restrictions on free blacks predate it, these restrictions increased dramatically after Nat Turner's Rebellion in 1831, a revolt that caused the South to become increasingly irrational in its fears. [6] Virginia's response to Turner's Rebellion prohibited free blacks "to keep or carry any firelock of any kind, any military weapon, or any powder or lead..." The existing laws under which free blacks were occasionally licensed to possess or carry arms was also repealed, making arms possession completely illegal for free blacks. [7] But even before this action by the Virginia Legislature, in the aftermath of Turner's Rebellion, the discovery that a free black family possessed lead shot for use as scale weights, without powder or weapon in which to fire it, was considered sufficient reason for a frenzied mob to discuss summary execution of the owner. [8] The analogy to the current hysteria where mere possession of ammunition in some states without a firearms license may lead to jail time, should be obvious.
One example of the increasing fear of armed blacks is the 1834 change to the Tennessee Constitution, where Article XI, 26 of the 1796 Tennessee Constitution was revised from: "That the freemen of this State have a right to keep and to bear arms for their common defence," [9] to: "That the free white men of this State have a right to keep and to bear arms for their common defence." [10] [emphasis added] It is not clear what motivated this change, other than Turner's bloody insurrection. The year before, the Tennessee Supreme Court had recognized the right to bear arms as an individual guarantee, but there is nothing in that decision that touches on the subject of race. [11]
Other decisions during the antebellum period were unambiguous about the importance of race. In State v. Huntly (1843), the North Carolina Supreme Court had recognized that there was a right to carry arms guaranteed under the North Carolina Constitution, as long as such arms were carried in a manner not likely to frighten people. [12] The following year, the North Carolina Supreme Court made one of those decisions whose full significance would not appear until after the Civil War and passage of the Fourteenth Amendment. An 1840 statute provided:
That if any free negro, mulatto, or free person of color, shall wear or carry about his or her person, or keep in his or her house, any shot gun, musket, rifle, pistol, sword, dagger or bowie-knife, unless he or she shall have obtained a licence therefor from the Court of Pleas and Quarter Sessions of his or her county, within one year preceding the wearing, keeping or carrying therefor, he or she shall be guilty of a misdemeanor, and may be indicted therefor. [13]
Elijah Newsom, "a free person of color," was indicted in Cumberland County in June of 1843 for carrying a shotgun without a license -- at the very time the North Carolina Supreme Court was deciding Huntly. Newsom was convicted by a jury; but the trial judge directed a not guilty verdict, and the state appealed to the North Carolina Supreme Court. Newsom's attorney argued that the statute requiring free blacks to obtain a license to "keep and bear arms" was in violation of both the Second Amendment to the U. S. Constitution, and the North Carolina Constitution's similar guarantee of a right to keep and bear arms. [14] The North Carolina Supreme Court refused to accept that the Second Amendment was a limitation on state laws, but had to deal with the problem of the state constitutional guarantees, which had been used in the Huntly decision, the year before.
The 17th article of the 1776 North Carolina Constitution declared:
That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power. [15]
The Court asserted that: "We cannot see that the act of 1840 is in conflict with it... The defendant is not indicted for carrying arms in defence of the State, nor does the act of 1840 prohibit him from so doing." [16] But in Huntly, the Court had acknowledged that the restrictive language "for the defence of the State" did not preclude an individual right. [17] The Court then attempted to justify the necessity of this law:
Its only object is to preserve the peace and safety of the community from being disturbed by an indiscriminate use, on ordinary occasions, by free men of color, of fire arms or other arms of an offensive character. Self preservation is the first law of nations, as it is of individuals. [18]
The North Carolina Supreme Court also sought to repudiate the idea that free blacks were protected by the North Carolina Constitution's Bill of Rights by pointing out that the Constitution excluded free blacks from voting, and therefore free blacks were not citizens. Unlike a number of other state constitutions with right to keep and bear arms provisions that limited this right only to citizens, [19] Article 17 guaranteed this right to the people -- and try as hard as they might, it was difficult to argue that a "free person of color," in the words of the Court, was not one of "the people."
It is one of the great ironies that, in much the same way that the North Carolina Supreme Court recognized a right to bear arms in 1843 -- then a year later declared that free blacks were not included -- the Georgia Supreme Court did likewise before the 1840s were out. The Georgia Supreme Court found in Nunn v. State (1846) that a statute prohibiting the sale of concealable handguns, sword-canes, and daggers violated the Second Amendment:
The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all of this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I. and his two wicked sons and successors, reestablished by the revolution of 1688, conveyed to this land of liberty by the colonists, and finally incorporated conspicuously in our own Magna Charta! And Lexington, Concord, Camden, River Raisin, Sandusky, and the laurel-crowned field of New Orleans, plead eloquently for this interpretation! [20]
Finally, after this paean to liberty -- in a state where much of the population remained enslaved, forbidden by law to possess arms of any sort -- the Court defined the valid limits of laws restricting the bearing of arms:
We are of the opinion, then, that so far as the act of 1837 seeks to suppress the practice of carrying certain weapons secretly, that it is valid, inasmuch as it does not deprive the citizen of his natural right of self- defence, or of his constitutional right to keep and bear arms. But that so much of it, as contains a prohibition against bearing arms openly, is in conflict with the Constitution, and void... [21]
"Citizen"? Within a single page, the Court had gone from "right of the whole people, old and young, men, women and boys" to the much more narrowly restrictive right of a "citizen." The motivation for this sudden narrowing of the right appeared two years later.
The decision Cooper and Worsham v. Savannah (1848) was not, principally, a right to keep and bear arms case. In 1839, the city of Savannah, Georgia, in an admitted effort "to prevent the increase of free persons of color in our city," had established a $100 per year tax on free blacks moving into Savannah from other parts of Georgia. Samuel Cooper and Hamilton Worsham, two "free persons of color," were convicted of failing to pay the tax, and were jailed. [22] On appeal, counsel for Cooper and Worsham argued that the ordinance establishing the tax was deficient in a number of technical areas; the assertion of most interest to us is, "In Georgia, free persons of color have constitutional rights..." Cooper and Worsham's counsel argued that these rights included writ of habeas corpus, right to own real estate, to be "subject to taxation," "[t]hey may sue and be sued," and cited a number of precedents under Georgia law in defense of their position. [23]
Justice Warner delivered the Court's opinion, most of which is irrelevant to the right to keep and bear arms, but one portion shows the fundamental relationship between citizenship, arms, and elections, and why gun control laws were an essential part of defining blacks as "non-citizens": "Free persons of color have never been recognized here as citizens; they are not entitled to bear arms, vote for members of the legislature, or to hold any civil office." [24] The Georgia Supreme Court did agree that the ordinance jailing Cooper and Worsham for non-payment was illegal, and ordered their release, but the comments of the Court made it clear that their brave words in Nunn v. State (1846) about "the right of the people," really only meant white people.
While settled parts of the South were in great fear of armed blacks, on the frontier, the concerns about Indian attack often forced relaxation of these rules. The 1798 Kentucky Comprehensive Act allowed slaves and free blacks on frontier plantations "to keep and use guns, powder, shot, and weapons, offensive and defensive." Unlike whites, however, a license was required for free blacks or slaves to carry weapons. [25]
The need for blacks to carry arms for self-defense included not only the problem of Indian attack, and the normal criminal attacks that anyone might worry about, but he additional hazard that free blacks were in danger of being kidnapped and sold into slavery. [26] A number of states, including Ohio, Indiana, Illinois, Michigan, and Wisconsin, passed laws specifically to prohibit kidnapping of free blacks, out of concern that the federal Fugitive Slave Laws would be used as cover for re-enslavement. [27]
The end of slavery in 1865 did not eliminate the problems of racist gun control laws; the various Black Codes adopted after the Civil War required blacks to obtain a license before carrying or possessing firearms or Bowie knives; these are sufficiently well-known that any reasonably complete history of the Reconstruction period mentions them. These restrictive gun laws played a part in the efforts of the Republicans to get the Fourteenth Amendment ratified, because it was difficult for night riders to generate the correct level of terror in a victim who was returning fire. [28] It does appear, however, that the requirement to treat blacks and whites equally before the law led to the adoption of restrictive firearms laws in the South that were equal in the letter of the law, but unequally enforced. It is clear that the vagrancy statutes adopted at roughly the same time, in 1866, were intended to be used against blacks, even though the language was race-neutral. [29]
The former states of the Confederacy, many of which had recognized the right to carry arms openly before the Civil War, developed a very sudden willingness to qualify that right. One especially absurd example, and one that includes strong evidence of the racist intentions behind gun control laws, is Texas.
In Cockrum v. State (1859), the Texas Supreme Court had recognized that there was a right to carry defensive arms, and that this right was protected under both the Second Amendment, and section 13 of the Texas Bill of Rights. The outer limit of the state's authority (in this case, attempting to discourage the carrying of Bowie knives), was that it could provide an enhanced penalty for manslaughters committed with Bowie knives. [30] Yet, by 1872, the Texas Supreme Court denied that there was any right to carry any weapon for self-defense under either the state or federal constitutions -- and made no attempt to explain or justify why the Cockrum decision was no longer valid. [31]
What caused the dramatic change? The following excerpt from that same decision -- so offensive that no one would dare make such an argument today -- sheds some light on the racism that apparently caused the sudden perspective change:
The law under consideration has been attacked upon the ground that it was contrary to public policy, and deprived the people of the necessary means of self- defense; that it was an innovation upon the customs and habits of the people, to which they would not peaceably submit... We will not say to what extent the early customs and habits of the people of this state should be respected and accommodated, where they may come in conflict with the ideas of intelligent and well-meaning legislators. A portion of our system of laws, as well as our public morality, is derived from a people the most peculiar perhaps of any other in the history and derivation of its own system. Spain, at different periods of the world, was dominated over by the Carthagenians, the Romans, the Vandals, the Snovi, the Allani, the Visigoths, and Arabs; and to this day there are found in the Spanish codes traces of the laws and customs of each of these nations blended together in a system by no means to be compared with the sound philosophy and pure morality of the common law. [32] [emphasis added]
This particular decision is more open than most as to its motivations, but throughout the South during this period, the existing precedents that recognized a right to open carry under state constitutional provisions were being narrowed, or simply ignored. Nor was the reasoning that led to these changes lost on judges in the North. In 1920, the Ohio Supreme Court upheld the conviction of a Mexican for concealed carry of a handgun--while asleep in his own bed. Justice Wanamaker's scathing dissent criticized the precedents cited by the majority in defense of this absurdity:
I desire to give some special attention to some of the authorities cited, supreme court decisions from Alabama, Georgia, Arkansas, Kentucky, and one or two inferior court decisions from New York, which are given in support of the doctrines upheld by this court. The southern states have very largely furnished the precedents. It is only necessary to observe that the race issue there has extremely intensified a decisive purpose to entirely disarm the negro, and this policy is evident upon reading the opinions. [33]
While not relevant to the issue of racism, Justice Wanamaker's closing paragraphs capture well the biting wit and intelligence of this jurist, who was unfortunately, outnumbered on the bench:
I hold that the laws of the state of Ohio should be so applied and so interpreted as to favor the law-abiding rather than the law-violating people. If this decision shall stand as the law of Ohio, a very large percentage of the good people of Ohio to-day are criminals, because they are daily committing criminal acts by having these weapons in their own homes for their own defense. The only safe course for them to pursue, instead of having the weapon concealed on or about their person, or under their pillow at night, is to hang the revolver on the wall and put below it a large placard with these words inscribed:
"The Ohio supreme court having decided that it is a crime to carry a concealed weapon on one's person in one's home, even in one's bed or bunk, this weapon is hung upon the wall that you may see it, and before you commit any burglary or assault, please, Mr. Burglar, hand me my gun." [34]
There are other examples of remarkable honesty from the state supreme courts on this subject, of which the finest is probably Florida Supreme Court Justice Buford's concurring opinion in Watson v. Stone (1941), in which a conviction for carrying a handgun without a permit was overturned, because the handgun was in the glove compartment of a car:
I know something of the history of this legislation. The original Act of 1893 was passed when there was a great influx of negro laborers in this State drawn here for the purpose of working in turpentine and lumber camps. The same condition existed when the Act was amended in 1901 and the Act was passed for the purpose of disarming the negro laborers and to thereby reduce the unlawful homicides that were prevalent in turpentine and saw-mill camps and to give the white citizens in sparsely settled areas a better feeling of security. The statute was never intended to be applied to the white population and in practice has never been so applied. [35]
Today is not 1893, and when proponents of restrictive gun control insist that their motivations are color-blind, there is a possibility that they are telling the truth. Nonetheless, there are some rather interesting questions that should be asked today. The most obvious question is, "Why should a police chief or sheriff have any discretion in issuing a concealed handgun permit?" Here in California, even the state legislature's research arm--hardly a nest of pro-gunners--has admitted that the vast majority of permits to carry concealed handguns in California are issued to white males. [36] Even if overt racism is not an issue, an official may simply have more empathy with an applicant of a similar cultural background, and consequently be more able to relate to the applicant's concerns. As my wife pointedly reminded a police official when we applied for concealed weapon permits, "If more police chiefs were women, a lot more women would get permits, and be able to defend themselves from rapists."
Gun control advocates today are not so foolish as to openly promote racist laws, and so the question might be asked what relevance the racist past of gun control laws has. One concern is that the motivations for disarming blacks in the past are really not so different from the motivations for disarming law-abiding citizens today. In the last century, the official rhetoric in support of such laws was that "they" were too violent, too untrustworthy, to be allowed weapons. Today, the same elitist rhetoric regards law-abiding Americans in the same way, as child-like creatures in need of guidance from the government. In the last century, while never openly admitted, one of the goals of disarming blacks was to make them more willing to accept various forms of economic oppression, including the sharecropping system, in which free blacks were reduced to an economic state not dramatically superior to the conditions of slavery.
In the seventeenth century, the aristocratic power structure of colonial Virginia found itself confronting a similar challenge from lower class whites. These poor whites resented how the men who controlled the government used that power to concentrate wealth into a small number of hands. These wealthy feeders at the government trough would have disarmed poor whites if they could, but the threat of both Indian and pirate attack made this impractical; for all white men "were armed and had to be armed..." Instead, blacks, who had occupied a poorly defined status between indentured servant and slave, were reduced to hereditary chattel slavery, so that poor whites could be economically advantaged, without the upper class having to give up its privileges. [37]
Today, the forces that push for gun control seem to be heavily (though not exclusively) allied with political factions that are committed to dramatic increases in taxation on the middle class. While it would be hyperbole to compare higher taxes on the middle class to the suffering and deprivation of sharecropping or slavery, the analogy of disarming those whom you wish to economically disadvantage, has a certain worrisome validity to it.
Another point to consider is that in the American legal system, certain classifications of governmental discrimination are considered constitutionally suspect, and these "suspect classifications" (usually considered to be race and religion) come to a court hearing under a strong presumption of invalidity. The reason for these "suspect classifications" is because of the long history of governmental discrimination based on these classifications, and because these classifications often impinge on fundamental rights. [38]
In much the same way, gun control has historically been a tool of racism, and associated with racist attitudes about black violence. Similarly, many gun control laws impinge on that most fundamental of rights: self-defense. Racism is so intimately tied to the history of gun control in America that we should regard gun control aimed at law-abiding people as a "suspect idea," and require that the courts use the same demanding standards when reviewing the constitutionality of a gun control law, that they would use with respect to a law that discriminated based on race.
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Clayton E. Cramer is a software engineer with a telecommunications manufacturer in Northern California. His first book, ...By The Dim And Flaring Lamps: The Civil War Diary of Samuel McIlvaine..., was published in 1990. ...For The Defense of Themselves And The State: The Original Intent & Judicial Interpretation of the Right To Keep And Bear Arms... will be published by Greenwood/Praeger Press in 1994.
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NOTES
1. Thomas N. Ingersoll, "Free Blacks in a Slave Society: New Orleans, 1718-1812", _William and Marry Quarterly_, 48:2 [April, 1991], 178-79.
2. Daniel H. Usner, Jr., _Indians, Settlers, & Slaves in a Frontier Exchange Economy: The Lower Mississippi Valley Before 1783_, (Chapel Hill, N.C.: University of North Carolina Press, 1992), 139, 165, 187.
3. Michael C. Meyer and William L. Sherman, _The Course of Mexican History_, 4th ed., (New York, Oxford University Press: 1991), 216.
4. Ingersoll, 192-200. Benjamin Quarles, _The Negro in the Making of America_, 3rd ed., (New York, Macmillan Publishing: 1987), 81.
5. Theodore Brantner Wilson, _The Black Codes of the South_ (University of Alabama Press: 1965), 26-30.
6. Stanley Elkins, _Slavery_, (Chicago, University of Chicago Press: 1968), 220.
7. Eric Foner, ed., _Nat Turner_, (Englewood Cliffs, N.J., Prentice-Hall: 1971), 115.
8. Harriet Jacobs [Linda Brant], _Incidents in the Life of a Slave Girl_, (Boston: 1861), in Henry Louis Gates, Jr., ed., _The Classic Slave Narratives_, (New York, Penguin Books: 1987), 395-396.
9. Francis Newton Thorpe, _The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming The United States of America_, (Washington, Government Printing Office: 1909), reprinted (Grosse Pointe, Mich., Scholarly Press: n.d.), 6:3424.
10. Thorpe, 6:3428.
11. Simpson v. State, 5 Yerg. 356 (Tenn. 1833).
12. State v. Huntly, 3 Iredell 418, 422, 423 (N.C. 1843).
13. State v. Newsom, 5 Iredell 181, 27 N.C. 250 (1844).
14. State v. Newsom, 5 Iredell 181, 27 N.C. 250, 251 (1844).
15. Thorpe, 5:2788.
16. State v. Newsom, 5 Iredell 181, 27 N.C. 250, 254 (1844).
17. State v. Huntly, 3 Iredell 418, 422 (N.C. 1843).
18. State v. Newsom, 5 Iredell 181, 27 N.C. 250, 254 (1844).
19. Early state constitutions limiting the right to bear arms to citizens: Connecticut (1818), Kentucky (1792 & 1799), Maine (1819), Mississippi (1817), Pennsylvania (1790 -- but not the 1776 constitution), Republic of Texas (1838), State of Texas (1845).
20. Nunn v. State, 1 Ga. 243, 250, 251 (1846).
21. Nunn v. State, 1 Ga. 243, 250, 251 (1846).
22. Cooper and Worsham v. Savannah, 4 Ga. 68, 69 (1848).
23. Cooper and Worsham v. Savannah, 4 Ga. 68, 70, 71 (1848).
24. Cooper and Worsham v. Savannah, 4 Ga. 68, 72 (1848).
25. Juliet E. K. Walker, _Free Frank: A Black Pioneer on the Antebellum Frontier_, (Lexington, KY, University Press of Kentucky: 1983), 21. This is an inspiring biography of a slave who, through hard work moonlighting in the production of saltpeter (a basic ingredient of black powder) and land surveying, saved enough money to buy his wife, himself, and eventually all of his children and grandchildren out of slavery -- while fighting against oppressive laws and vigorous racism. Most impressive of all, is that he did it without ever learning to read or write.
26. Walker, 73.
27. Stephen Middleton, _The Black Laws in the Old Northwest: A Documentary History_, (Westport, Conn., Greenwood Press: 1993), 27-32, 227-240, 309-314, 353-357, 403-404.
28. Michael Les Benedict, _The Fruits of Victory: Alternatives to Restoring the Union_, 1865-1877, (New York, J.B. Lippincott Co.: 1975), 87. Francis L. Broderick, _Reconstruction and the American Negro, 1865-1900_, (London, Macmillan Co.: 1969), 21. Dan T. Carter, _When The War Was Over: The Failure of Self-Reconstruction in the South, 1865- 1867_, (Baton Rouge, Louisiana State University Press: 1985), 219-221. Eric Foner, _Reconstruction_, (New York, Harper & Row: 1988), 258-259.
29. Foner, _Reconstruction_, 200-201.
30. Cockrum v. State, 24 Tex. 394, 401, 402, 403 (1859).
31. English v. State, 35 Tex. 473, 475 (1872).
32. English v. State, 35 Tex. 473, 479, 480 (1872).
33. State v. Nieto, 101 Ohio St. 409, 430, 130 N.E. 663 (1920).
34. State v. Nieto, 101 Ohio St. 409, 436, 130 N.E. 663 (1920).
35. Watson v. Stone, 4 So.2d 700, 703 (Fla. 1941).
36. Assembly Office of Research, _Smoking Gun: The Case For Concealed Weapon Permit Reform_, (Sacramento, State of California: 1986), 5.
37. Edmund S. Morgan, "Slavery and Freedom: The American Paradox," in Stanley N. Katz, John M. Murrin, and Douglas Greenberg, ed., _Colonial America: Essays in Politics and Social Development_, 4th ed., (New York: McGraw-Hill, Inc, 1993), 280.
38. Thomas G. Walker, "Suspect Classifications", _Oxford Companion to the Supreme Court of the United States_, (New York, Oxford University Press: 1992), 848.
Racist arms laws predate the establishment of the United States. Starting in 1751, the French Black Code required Louisiana colonists to stop any blacks, and if necessary, beat "any black carrying any potential weapon, such as a cane." If a black refused to stop on demand, and was on horseback, the colonist was authorized to "shoot to kill." [1] Slave possession of firearms was a necessity at times in a frontier society, yet laws continued to be passed in an attempt to prohibit slaves or free blacks from possessing firearms, except under very restrictively controlled conditions. [2] Similarly, in the sixteenth century the colony of New Spain, terrified of black slave revolts, prohibited all blacks, free and slave, from carrying arms. [3]
In the Haitian Revolution of the 1790s, the slave population successfully threw off their French masters, but the Revolution degenerated into a race war, aggravating existing fears in the French Louisiana colony, and among whites in the slave states of the United States. When the first U. S. official arrived in New Orleans in 1803 to take charge of this new American possession, the planters sought to have the existing free black militia disarmed, and otherwise exclude "free blacks from positions in which they were required to bear arms," including such non-military functions as slave-catching crews. The New Orleans city government also stopped whites from teaching fencing to free blacks, and then, when free blacks sought to teach fencing, similarly prohibited their efforts as well. [4]
It is not surprising that the first North American English colonies, then the states of the new republic, remained in dread fear of armed blacks, for slave revolts against slave owners often degenerated into less selective forms of racial warfare. The perception that free blacks were sympathetic to the plight of their enslaved brothers, and the dangerous example that "a Negro could be free" also caused the slave states to pass laws designed to disarm all blacks, both slave and free. Unlike the gun control laws passed after the Civil War, these antebellum statutes were for blacks alone. In Maryland, these prohibitions went so far as to prohibit free blacks from owning dogs without a license, and authorizing any white to kill an unlicensed dog owned by a free black, for fear that blacks would use dogs as weapons. Mississippi went further, and prohibited any ownership of a dog by a black person. [5]
Understandably, restrictions on slave possession of arms go back a very long way. While arms restrictions on free blacks predate it, these restrictions increased dramatically after Nat Turner's Rebellion in 1831, a revolt that caused the South to become increasingly irrational in its fears. [6] Virginia's response to Turner's Rebellion prohibited free blacks "to keep or carry any firelock of any kind, any military weapon, or any powder or lead..." The existing laws under which free blacks were occasionally licensed to possess or carry arms was also repealed, making arms possession completely illegal for free blacks. [7] But even before this action by the Virginia Legislature, in the aftermath of Turner's Rebellion, the discovery that a free black family possessed lead shot for use as scale weights, without powder or weapon in which to fire it, was considered sufficient reason for a frenzied mob to discuss summary execution of the owner. [8] The analogy to the current hysteria where mere possession of ammunition in some states without a firearms license may lead to jail time, should be obvious.
One example of the increasing fear of armed blacks is the 1834 change to the Tennessee Constitution, where Article XI, 26 of the 1796 Tennessee Constitution was revised from: "That the freemen of this State have a right to keep and to bear arms for their common defence," [9] to: "That the free white men of this State have a right to keep and to bear arms for their common defence." [10] [emphasis added] It is not clear what motivated this change, other than Turner's bloody insurrection. The year before, the Tennessee Supreme Court had recognized the right to bear arms as an individual guarantee, but there is nothing in that decision that touches on the subject of race. [11]
Other decisions during the antebellum period were unambiguous about the importance of race. In State v. Huntly (1843), the North Carolina Supreme Court had recognized that there was a right to carry arms guaranteed under the North Carolina Constitution, as long as such arms were carried in a manner not likely to frighten people. [12] The following year, the North Carolina Supreme Court made one of those decisions whose full significance would not appear until after the Civil War and passage of the Fourteenth Amendment. An 1840 statute provided:
That if any free negro, mulatto, or free person of color, shall wear or carry about his or her person, or keep in his or her house, any shot gun, musket, rifle, pistol, sword, dagger or bowie-knife, unless he or she shall have obtained a licence therefor from the Court of Pleas and Quarter Sessions of his or her county, within one year preceding the wearing, keeping or carrying therefor, he or she shall be guilty of a misdemeanor, and may be indicted therefor. [13]
Elijah Newsom, "a free person of color," was indicted in Cumberland County in June of 1843 for carrying a shotgun without a license -- at the very time the North Carolina Supreme Court was deciding Huntly. Newsom was convicted by a jury; but the trial judge directed a not guilty verdict, and the state appealed to the North Carolina Supreme Court. Newsom's attorney argued that the statute requiring free blacks to obtain a license to "keep and bear arms" was in violation of both the Second Amendment to the U. S. Constitution, and the North Carolina Constitution's similar guarantee of a right to keep and bear arms. [14] The North Carolina Supreme Court refused to accept that the Second Amendment was a limitation on state laws, but had to deal with the problem of the state constitutional guarantees, which had been used in the Huntly decision, the year before.
The 17th article of the 1776 North Carolina Constitution declared:
That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power. [15]
The Court asserted that: "We cannot see that the act of 1840 is in conflict with it... The defendant is not indicted for carrying arms in defence of the State, nor does the act of 1840 prohibit him from so doing." [16] But in Huntly, the Court had acknowledged that the restrictive language "for the defence of the State" did not preclude an individual right. [17] The Court then attempted to justify the necessity of this law:
Its only object is to preserve the peace and safety of the community from being disturbed by an indiscriminate use, on ordinary occasions, by free men of color, of fire arms or other arms of an offensive character. Self preservation is the first law of nations, as it is of individuals. [18]
The North Carolina Supreme Court also sought to repudiate the idea that free blacks were protected by the North Carolina Constitution's Bill of Rights by pointing out that the Constitution excluded free blacks from voting, and therefore free blacks were not citizens. Unlike a number of other state constitutions with right to keep and bear arms provisions that limited this right only to citizens, [19] Article 17 guaranteed this right to the people -- and try as hard as they might, it was difficult to argue that a "free person of color," in the words of the Court, was not one of "the people."
It is one of the great ironies that, in much the same way that the North Carolina Supreme Court recognized a right to bear arms in 1843 -- then a year later declared that free blacks were not included -- the Georgia Supreme Court did likewise before the 1840s were out. The Georgia Supreme Court found in Nunn v. State (1846) that a statute prohibiting the sale of concealable handguns, sword-canes, and daggers violated the Second Amendment:
The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all of this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I. and his two wicked sons and successors, reestablished by the revolution of 1688, conveyed to this land of liberty by the colonists, and finally incorporated conspicuously in our own Magna Charta! And Lexington, Concord, Camden, River Raisin, Sandusky, and the laurel-crowned field of New Orleans, plead eloquently for this interpretation! [20]
Finally, after this paean to liberty -- in a state where much of the population remained enslaved, forbidden by law to possess arms of any sort -- the Court defined the valid limits of laws restricting the bearing of arms:
We are of the opinion, then, that so far as the act of 1837 seeks to suppress the practice of carrying certain weapons secretly, that it is valid, inasmuch as it does not deprive the citizen of his natural right of self- defence, or of his constitutional right to keep and bear arms. But that so much of it, as contains a prohibition against bearing arms openly, is in conflict with the Constitution, and void... [21]
"Citizen"? Within a single page, the Court had gone from "right of the whole people, old and young, men, women and boys" to the much more narrowly restrictive right of a "citizen." The motivation for this sudden narrowing of the right appeared two years later.
The decision Cooper and Worsham v. Savannah (1848) was not, principally, a right to keep and bear arms case. In 1839, the city of Savannah, Georgia, in an admitted effort "to prevent the increase of free persons of color in our city," had established a $100 per year tax on free blacks moving into Savannah from other parts of Georgia. Samuel Cooper and Hamilton Worsham, two "free persons of color," were convicted of failing to pay the tax, and were jailed. [22] On appeal, counsel for Cooper and Worsham argued that the ordinance establishing the tax was deficient in a number of technical areas; the assertion of most interest to us is, "In Georgia, free persons of color have constitutional rights..." Cooper and Worsham's counsel argued that these rights included writ of habeas corpus, right to own real estate, to be "subject to taxation," "[t]hey may sue and be sued," and cited a number of precedents under Georgia law in defense of their position. [23]
Justice Warner delivered the Court's opinion, most of which is irrelevant to the right to keep and bear arms, but one portion shows the fundamental relationship between citizenship, arms, and elections, and why gun control laws were an essential part of defining blacks as "non-citizens": "Free persons of color have never been recognized here as citizens; they are not entitled to bear arms, vote for members of the legislature, or to hold any civil office." [24] The Georgia Supreme Court did agree that the ordinance jailing Cooper and Worsham for non-payment was illegal, and ordered their release, but the comments of the Court made it clear that their brave words in Nunn v. State (1846) about "the right of the people," really only meant white people.
While settled parts of the South were in great fear of armed blacks, on the frontier, the concerns about Indian attack often forced relaxation of these rules. The 1798 Kentucky Comprehensive Act allowed slaves and free blacks on frontier plantations "to keep and use guns, powder, shot, and weapons, offensive and defensive." Unlike whites, however, a license was required for free blacks or slaves to carry weapons. [25]
The need for blacks to carry arms for self-defense included not only the problem of Indian attack, and the normal criminal attacks that anyone might worry about, but he additional hazard that free blacks were in danger of being kidnapped and sold into slavery. [26] A number of states, including Ohio, Indiana, Illinois, Michigan, and Wisconsin, passed laws specifically to prohibit kidnapping of free blacks, out of concern that the federal Fugitive Slave Laws would be used as cover for re-enslavement. [27]
The end of slavery in 1865 did not eliminate the problems of racist gun control laws; the various Black Codes adopted after the Civil War required blacks to obtain a license before carrying or possessing firearms or Bowie knives; these are sufficiently well-known that any reasonably complete history of the Reconstruction period mentions them. These restrictive gun laws played a part in the efforts of the Republicans to get the Fourteenth Amendment ratified, because it was difficult for night riders to generate the correct level of terror in a victim who was returning fire. [28] It does appear, however, that the requirement to treat blacks and whites equally before the law led to the adoption of restrictive firearms laws in the South that were equal in the letter of the law, but unequally enforced. It is clear that the vagrancy statutes adopted at roughly the same time, in 1866, were intended to be used against blacks, even though the language was race-neutral. [29]
The former states of the Confederacy, many of which had recognized the right to carry arms openly before the Civil War, developed a very sudden willingness to qualify that right. One especially absurd example, and one that includes strong evidence of the racist intentions behind gun control laws, is Texas.
In Cockrum v. State (1859), the Texas Supreme Court had recognized that there was a right to carry defensive arms, and that this right was protected under both the Second Amendment, and section 13 of the Texas Bill of Rights. The outer limit of the state's authority (in this case, attempting to discourage the carrying of Bowie knives), was that it could provide an enhanced penalty for manslaughters committed with Bowie knives. [30] Yet, by 1872, the Texas Supreme Court denied that there was any right to carry any weapon for self-defense under either the state or federal constitutions -- and made no attempt to explain or justify why the Cockrum decision was no longer valid. [31]
What caused the dramatic change? The following excerpt from that same decision -- so offensive that no one would dare make such an argument today -- sheds some light on the racism that apparently caused the sudden perspective change:
The law under consideration has been attacked upon the ground that it was contrary to public policy, and deprived the people of the necessary means of self- defense; that it was an innovation upon the customs and habits of the people, to which they would not peaceably submit... We will not say to what extent the early customs and habits of the people of this state should be respected and accommodated, where they may come in conflict with the ideas of intelligent and well-meaning legislators. A portion of our system of laws, as well as our public morality, is derived from a people the most peculiar perhaps of any other in the history and derivation of its own system. Spain, at different periods of the world, was dominated over by the Carthagenians, the Romans, the Vandals, the Snovi, the Allani, the Visigoths, and Arabs; and to this day there are found in the Spanish codes traces of the laws and customs of each of these nations blended together in a system by no means to be compared with the sound philosophy and pure morality of the common law. [32] [emphasis added]
This particular decision is more open than most as to its motivations, but throughout the South during this period, the existing precedents that recognized a right to open carry under state constitutional provisions were being narrowed, or simply ignored. Nor was the reasoning that led to these changes lost on judges in the North. In 1920, the Ohio Supreme Court upheld the conviction of a Mexican for concealed carry of a handgun--while asleep in his own bed. Justice Wanamaker's scathing dissent criticized the precedents cited by the majority in defense of this absurdity:
I desire to give some special attention to some of the authorities cited, supreme court decisions from Alabama, Georgia, Arkansas, Kentucky, and one or two inferior court decisions from New York, which are given in support of the doctrines upheld by this court. The southern states have very largely furnished the precedents. It is only necessary to observe that the race issue there has extremely intensified a decisive purpose to entirely disarm the negro, and this policy is evident upon reading the opinions. [33]
While not relevant to the issue of racism, Justice Wanamaker's closing paragraphs capture well the biting wit and intelligence of this jurist, who was unfortunately, outnumbered on the bench:
I hold that the laws of the state of Ohio should be so applied and so interpreted as to favor the law-abiding rather than the law-violating people. If this decision shall stand as the law of Ohio, a very large percentage of the good people of Ohio to-day are criminals, because they are daily committing criminal acts by having these weapons in their own homes for their own defense. The only safe course for them to pursue, instead of having the weapon concealed on or about their person, or under their pillow at night, is to hang the revolver on the wall and put below it a large placard with these words inscribed:
"The Ohio supreme court having decided that it is a crime to carry a concealed weapon on one's person in one's home, even in one's bed or bunk, this weapon is hung upon the wall that you may see it, and before you commit any burglary or assault, please, Mr. Burglar, hand me my gun." [34]
There are other examples of remarkable honesty from the state supreme courts on this subject, of which the finest is probably Florida Supreme Court Justice Buford's concurring opinion in Watson v. Stone (1941), in which a conviction for carrying a handgun without a permit was overturned, because the handgun was in the glove compartment of a car:
I know something of the history of this legislation. The original Act of 1893 was passed when there was a great influx of negro laborers in this State drawn here for the purpose of working in turpentine and lumber camps. The same condition existed when the Act was amended in 1901 and the Act was passed for the purpose of disarming the negro laborers and to thereby reduce the unlawful homicides that were prevalent in turpentine and saw-mill camps and to give the white citizens in sparsely settled areas a better feeling of security. The statute was never intended to be applied to the white population and in practice has never been so applied. [35]
Today is not 1893, and when proponents of restrictive gun control insist that their motivations are color-blind, there is a possibility that they are telling the truth. Nonetheless, there are some rather interesting questions that should be asked today. The most obvious question is, "Why should a police chief or sheriff have any discretion in issuing a concealed handgun permit?" Here in California, even the state legislature's research arm--hardly a nest of pro-gunners--has admitted that the vast majority of permits to carry concealed handguns in California are issued to white males. [36] Even if overt racism is not an issue, an official may simply have more empathy with an applicant of a similar cultural background, and consequently be more able to relate to the applicant's concerns. As my wife pointedly reminded a police official when we applied for concealed weapon permits, "If more police chiefs were women, a lot more women would get permits, and be able to defend themselves from rapists."
Gun control advocates today are not so foolish as to openly promote racist laws, and so the question might be asked what relevance the racist past of gun control laws has. One concern is that the motivations for disarming blacks in the past are really not so different from the motivations for disarming law-abiding citizens today. In the last century, the official rhetoric in support of such laws was that "they" were too violent, too untrustworthy, to be allowed weapons. Today, the same elitist rhetoric regards law-abiding Americans in the same way, as child-like creatures in need of guidance from the government. In the last century, while never openly admitted, one of the goals of disarming blacks was to make them more willing to accept various forms of economic oppression, including the sharecropping system, in which free blacks were reduced to an economic state not dramatically superior to the conditions of slavery.
In the seventeenth century, the aristocratic power structure of colonial Virginia found itself confronting a similar challenge from lower class whites. These poor whites resented how the men who controlled the government used that power to concentrate wealth into a small number of hands. These wealthy feeders at the government trough would have disarmed poor whites if they could, but the threat of both Indian and pirate attack made this impractical; for all white men "were armed and had to be armed..." Instead, blacks, who had occupied a poorly defined status between indentured servant and slave, were reduced to hereditary chattel slavery, so that poor whites could be economically advantaged, without the upper class having to give up its privileges. [37]
Today, the forces that push for gun control seem to be heavily (though not exclusively) allied with political factions that are committed to dramatic increases in taxation on the middle class. While it would be hyperbole to compare higher taxes on the middle class to the suffering and deprivation of sharecropping or slavery, the analogy of disarming those whom you wish to economically disadvantage, has a certain worrisome validity to it.
Another point to consider is that in the American legal system, certain classifications of governmental discrimination are considered constitutionally suspect, and these "suspect classifications" (usually considered to be race and religion) come to a court hearing under a strong presumption of invalidity. The reason for these "suspect classifications" is because of the long history of governmental discrimination based on these classifications, and because these classifications often impinge on fundamental rights. [38]
In much the same way, gun control has historically been a tool of racism, and associated with racist attitudes about black violence. Similarly, many gun control laws impinge on that most fundamental of rights: self-defense. Racism is so intimately tied to the history of gun control in America that we should regard gun control aimed at law-abiding people as a "suspect idea," and require that the courts use the same demanding standards when reviewing the constitutionality of a gun control law, that they would use with respect to a law that discriminated based on race.
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Clayton E. Cramer is a software engineer with a telecommunications manufacturer in Northern California. His first book, ...By The Dim And Flaring Lamps: The Civil War Diary of Samuel McIlvaine..., was published in 1990. ...For The Defense of Themselves And The State: The Original Intent & Judicial Interpretation of the Right To Keep And Bear Arms... will be published by Greenwood/Praeger Press in 1994.
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NOTES
1. Thomas N. Ingersoll, "Free Blacks in a Slave Society: New Orleans, 1718-1812", _William and Marry Quarterly_, 48:2 [April, 1991], 178-79.
2. Daniel H. Usner, Jr., _Indians, Settlers, & Slaves in a Frontier Exchange Economy: The Lower Mississippi Valley Before 1783_, (Chapel Hill, N.C.: University of North Carolina Press, 1992), 139, 165, 187.
3. Michael C. Meyer and William L. Sherman, _The Course of Mexican History_, 4th ed., (New York, Oxford University Press: 1991), 216.
4. Ingersoll, 192-200. Benjamin Quarles, _The Negro in the Making of America_, 3rd ed., (New York, Macmillan Publishing: 1987), 81.
5. Theodore Brantner Wilson, _The Black Codes of the South_ (University of Alabama Press: 1965), 26-30.
6. Stanley Elkins, _Slavery_, (Chicago, University of Chicago Press: 1968), 220.
7. Eric Foner, ed., _Nat Turner_, (Englewood Cliffs, N.J., Prentice-Hall: 1971), 115.
8. Harriet Jacobs [Linda Brant], _Incidents in the Life of a Slave Girl_, (Boston: 1861), in Henry Louis Gates, Jr., ed., _The Classic Slave Narratives_, (New York, Penguin Books: 1987), 395-396.
9. Francis Newton Thorpe, _The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming The United States of America_, (Washington, Government Printing Office: 1909), reprinted (Grosse Pointe, Mich., Scholarly Press: n.d.), 6:3424.
10. Thorpe, 6:3428.
11. Simpson v. State, 5 Yerg. 356 (Tenn. 1833).
12. State v. Huntly, 3 Iredell 418, 422, 423 (N.C. 1843).
13. State v. Newsom, 5 Iredell 181, 27 N.C. 250 (1844).
14. State v. Newsom, 5 Iredell 181, 27 N.C. 250, 251 (1844).
15. Thorpe, 5:2788.
16. State v. Newsom, 5 Iredell 181, 27 N.C. 250, 254 (1844).
17. State v. Huntly, 3 Iredell 418, 422 (N.C. 1843).
18. State v. Newsom, 5 Iredell 181, 27 N.C. 250, 254 (1844).
19. Early state constitutions limiting the right to bear arms to citizens: Connecticut (1818), Kentucky (1792 & 1799), Maine (1819), Mississippi (1817), Pennsylvania (1790 -- but not the 1776 constitution), Republic of Texas (1838), State of Texas (1845).
20. Nunn v. State, 1 Ga. 243, 250, 251 (1846).
21. Nunn v. State, 1 Ga. 243, 250, 251 (1846).
22. Cooper and Worsham v. Savannah, 4 Ga. 68, 69 (1848).
23. Cooper and Worsham v. Savannah, 4 Ga. 68, 70, 71 (1848).
24. Cooper and Worsham v. Savannah, 4 Ga. 68, 72 (1848).
25. Juliet E. K. Walker, _Free Frank: A Black Pioneer on the Antebellum Frontier_, (Lexington, KY, University Press of Kentucky: 1983), 21. This is an inspiring biography of a slave who, through hard work moonlighting in the production of saltpeter (a basic ingredient of black powder) and land surveying, saved enough money to buy his wife, himself, and eventually all of his children and grandchildren out of slavery -- while fighting against oppressive laws and vigorous racism. Most impressive of all, is that he did it without ever learning to read or write.
26. Walker, 73.
27. Stephen Middleton, _The Black Laws in the Old Northwest: A Documentary History_, (Westport, Conn., Greenwood Press: 1993), 27-32, 227-240, 309-314, 353-357, 403-404.
28. Michael Les Benedict, _The Fruits of Victory: Alternatives to Restoring the Union_, 1865-1877, (New York, J.B. Lippincott Co.: 1975), 87. Francis L. Broderick, _Reconstruction and the American Negro, 1865-1900_, (London, Macmillan Co.: 1969), 21. Dan T. Carter, _When The War Was Over: The Failure of Self-Reconstruction in the South, 1865- 1867_, (Baton Rouge, Louisiana State University Press: 1985), 219-221. Eric Foner, _Reconstruction_, (New York, Harper & Row: 1988), 258-259.
29. Foner, _Reconstruction_, 200-201.
30. Cockrum v. State, 24 Tex. 394, 401, 402, 403 (1859).
31. English v. State, 35 Tex. 473, 475 (1872).
32. English v. State, 35 Tex. 473, 479, 480 (1872).
33. State v. Nieto, 101 Ohio St. 409, 430, 130 N.E. 663 (1920).
34. State v. Nieto, 101 Ohio St. 409, 436, 130 N.E. 663 (1920).
35. Watson v. Stone, 4 So.2d 700, 703 (Fla. 1941).
36. Assembly Office of Research, _Smoking Gun: The Case For Concealed Weapon Permit Reform_, (Sacramento, State of California: 1986), 5.
37. Edmund S. Morgan, "Slavery and Freedom: The American Paradox," in Stanley N. Katz, John M. Murrin, and Douglas Greenberg, ed., _Colonial America: Essays in Politics and Social Development_, 4th ed., (New York: McGraw-Hill, Inc, 1993), 280.
38. Thomas G. Walker, "Suspect Classifications", _Oxford Companion to the Supreme Court of the United States_, (New York, Oxford University Press: 1992), 848.
http://geekpolitics.com/top-40-reaso...t-gun-control/
Top 40 Reasons to Support Gun Control
By Derek Clark
1. Banning guns works, which is why New York, DC, and Chicago cops need guns.
2. Washington DC’s low murder rate of 80.6 per 100,000 is due to strict gun control, and Arlington, VA’s high murder rate of 1.6 per 100,000 is due to the lack of gun control.
3. Statistics showing high murder rates justify gun control but statistics showing increasing murder rates after gun control are “just statistics.”
4. The Brady Bill and the Assault Weapons Ban, both of which went into effect in 1994, are responsible for the decrease in violent crime rates, which have been declining since 1991.
5. We must get rid of guns because a deranged lunatic may go on a shooting spree at any time and anyone who would own a gun out of fear of such a lunatic is paranoid.
6. The more helpless you are the safer you are from criminals.
7. An intruder will be incapacitated by tear gas or oven spray, but if shot with a .357 Magnum will get angry and kill you.
8. A woman raped and strangled is morally superior to a woman with a smoking gun and a dead rapist at her feet.
9. When confronted by violent criminals, you should “put up no defense — give them what they want, or run” (Handgun Control Inc. Chairman Pete Shields, Guns Don’t Die - People Do, 1981, p. 125).
10. The New England Journal of Medicine is filled with expert advice about guns; just like Guns and Ammo has some excellent treatises on heart surgery.
11. One should consult an automotive engineer for safer seatbelts, a civil engineer for a better bridge, a surgeon for spinal paralysis, a computer programmer for Y2K problems, and Sarah Brady [or Sheena Duncan, Adele Kirsten, Peter Storey, etc.] for firearms expertise.
12. The 2nd Amendment, ratified in 1791, refers to the National Guard, which was created by an act of Congress in 1903.
13. The National Guard, funded by the federal government, occupying property leased to the federal government, using weapons owned by the federal government, punishing trespassers under federal law, is a state militia.
14. These phrases,” right of the people peaceably to assemble,” “right of the people to be secure in their homes,” “enumeration’s herein of certain rights shall not be construed to disparage others retained by the people,” and “The powers not delegated herein are reserved to the states respectively, and to the people,” all refer to individuals, but “the right of the people to keep and bear arms” refers to the state.
15. We don’t need guns against an oppressive government, because the Constitution has internal safeguards, but we should ban and seize all guns, thereby violating the 2nd, 4th, and 5th amendments to that Constitution.
16. Rifles and handguns aren’t necessary to national defense, which is why the army has millions of them.
17. Private citizens shouldn’t have handguns, because they serve no military purpose, and private citizens shouldn’t have “assault rifles,” because they are military weapons.
18. The ready availability of guns today, with waiting periods, background checks, fingerprinting, government forms, et cetera, is responsible for recent school shootings,compared to the lack of school shootings in the 40’s, 50’s and 60’s, which resulted from the availability of guns at hardware stores, surplus stores, gas stations, variety stores, mail order, et cetera.
19. The NRA’s attempt to run a “don’t touch” campaign about kids handling guns is propaganda, and the anti-gun lobby’s attempt to run a “don’t touch” campaign is responsible social activity.
20. Guns are so complex that special training is necessary to use them properly, and so simple to use that they make murder easy.
21. A handgun, with up to 4 controls, is far too complex for the typical adult to learn to use, as opposed to an automobile that only has 20.
22. Women are just as intelligent and capable as men but a woman with a gun is “an accident waiting to happen” and gun makers’ advertisements aimed at women are “preying on their fears.”
23. Ordinary people in the presence of guns turn into slaughtering butchers but revert to normal when the weapon is removed.
24. Guns cause violence, which is why there are so many mass killings at gun shows.
25. A majority of the population supports gun control, just like a majority of the population supported owning slaves.
26. A self-loading small arm can legitimately be considered to be a “weapon of mass destruction” or an “assault weapon.”
27. Most people can’t be trusted, so we should have laws against guns, which most people will abide by because they can be trusted.
28. The right of online pornographers to exist cannot be questioned because it is constitutionally protected by the Bill of Rights, but the use of handguns for self defense is not really protected by the Bill of Rights.
29. Free speech entitles one to own newspapers, transmitters, computers, and typewriters, but self-defense only justifies bare hands.
30. The ACLU is good because it uncompromisingly defends certain parts of the Constitution, and the NRA is bad, because it defends other parts of the Constitution.
31. Charlton Heston as president of the NRA is a shill who should be ignored, but Michael Douglas as a representative of Handgun Control, Inc. is an ambassador for peace who is entitled to an audience at the UN arms control summit.
32. Police operate with backup within groups, which is why they need larger capacity pistol magazines than do “civilians” who must face criminals alone and therefore need less ammunition.
33. We should ban “Saturday Night Specials” and other inexpensive guns because it’s not fair that poor people have access to guns too.
34. Police officers, who qualify with their duty weapons once or twice a year, have some special Jedi-like mastery over handguns that private citizens can never hope to obtain.
35. Private citizens don’t need a gun for self-protection because the police are there to protect them even though the Supreme Court says the police are not responsible for their protection.
36. Citizens don’t need to carry a gun for personal protection but police chiefs, who are desk-bound administrators who work in a building filled with cops, need a gun.
37. “Assault weapons” have no purpose other than to kill large numbers of people, which is why the police need them but “civilians” do not.
38. When Microsoft pressures its distributors to give Microsoft preferential promotion, that’s bad; but when the Federal government pressures cities to buy guns only from Smith & Wesson, that’s good.
39. Trigger locks do not interfere with the ability to use a gun for defensive purposes, which is why you see police officers with one on their duty weapon.
40. When Handgun Control, Inc., says they want to “keep guns out of the wrong hands,” they don’t mean you. Really.
Top 40 Reasons to Support Gun Control
By Derek Clark
1. Banning guns works, which is why New York, DC, and Chicago cops need guns.
2. Washington DC’s low murder rate of 80.6 per 100,000 is due to strict gun control, and Arlington, VA’s high murder rate of 1.6 per 100,000 is due to the lack of gun control.
3. Statistics showing high murder rates justify gun control but statistics showing increasing murder rates after gun control are “just statistics.”
4. The Brady Bill and the Assault Weapons Ban, both of which went into effect in 1994, are responsible for the decrease in violent crime rates, which have been declining since 1991.
5. We must get rid of guns because a deranged lunatic may go on a shooting spree at any time and anyone who would own a gun out of fear of such a lunatic is paranoid.
6. The more helpless you are the safer you are from criminals.
7. An intruder will be incapacitated by tear gas or oven spray, but if shot with a .357 Magnum will get angry and kill you.
8. A woman raped and strangled is morally superior to a woman with a smoking gun and a dead rapist at her feet.
9. When confronted by violent criminals, you should “put up no defense — give them what they want, or run” (Handgun Control Inc. Chairman Pete Shields, Guns Don’t Die - People Do, 1981, p. 125).
10. The New England Journal of Medicine is filled with expert advice about guns; just like Guns and Ammo has some excellent treatises on heart surgery.
11. One should consult an automotive engineer for safer seatbelts, a civil engineer for a better bridge, a surgeon for spinal paralysis, a computer programmer for Y2K problems, and Sarah Brady [or Sheena Duncan, Adele Kirsten, Peter Storey, etc.] for firearms expertise.
12. The 2nd Amendment, ratified in 1791, refers to the National Guard, which was created by an act of Congress in 1903.
13. The National Guard, funded by the federal government, occupying property leased to the federal government, using weapons owned by the federal government, punishing trespassers under federal law, is a state militia.
14. These phrases,” right of the people peaceably to assemble,” “right of the people to be secure in their homes,” “enumeration’s herein of certain rights shall not be construed to disparage others retained by the people,” and “The powers not delegated herein are reserved to the states respectively, and to the people,” all refer to individuals, but “the right of the people to keep and bear arms” refers to the state.
15. We don’t need guns against an oppressive government, because the Constitution has internal safeguards, but we should ban and seize all guns, thereby violating the 2nd, 4th, and 5th amendments to that Constitution.
16. Rifles and handguns aren’t necessary to national defense, which is why the army has millions of them.
17. Private citizens shouldn’t have handguns, because they serve no military purpose, and private citizens shouldn’t have “assault rifles,” because they are military weapons.
18. The ready availability of guns today, with waiting periods, background checks, fingerprinting, government forms, et cetera, is responsible for recent school shootings,compared to the lack of school shootings in the 40’s, 50’s and 60’s, which resulted from the availability of guns at hardware stores, surplus stores, gas stations, variety stores, mail order, et cetera.
19. The NRA’s attempt to run a “don’t touch” campaign about kids handling guns is propaganda, and the anti-gun lobby’s attempt to run a “don’t touch” campaign is responsible social activity.
20. Guns are so complex that special training is necessary to use them properly, and so simple to use that they make murder easy.
21. A handgun, with up to 4 controls, is far too complex for the typical adult to learn to use, as opposed to an automobile that only has 20.
22. Women are just as intelligent and capable as men but a woman with a gun is “an accident waiting to happen” and gun makers’ advertisements aimed at women are “preying on their fears.”
23. Ordinary people in the presence of guns turn into slaughtering butchers but revert to normal when the weapon is removed.
24. Guns cause violence, which is why there are so many mass killings at gun shows.
25. A majority of the population supports gun control, just like a majority of the population supported owning slaves.
26. A self-loading small arm can legitimately be considered to be a “weapon of mass destruction” or an “assault weapon.”
27. Most people can’t be trusted, so we should have laws against guns, which most people will abide by because they can be trusted.
28. The right of online pornographers to exist cannot be questioned because it is constitutionally protected by the Bill of Rights, but the use of handguns for self defense is not really protected by the Bill of Rights.
29. Free speech entitles one to own newspapers, transmitters, computers, and typewriters, but self-defense only justifies bare hands.
30. The ACLU is good because it uncompromisingly defends certain parts of the Constitution, and the NRA is bad, because it defends other parts of the Constitution.
31. Charlton Heston as president of the NRA is a shill who should be ignored, but Michael Douglas as a representative of Handgun Control, Inc. is an ambassador for peace who is entitled to an audience at the UN arms control summit.
32. Police operate with backup within groups, which is why they need larger capacity pistol magazines than do “civilians” who must face criminals alone and therefore need less ammunition.
33. We should ban “Saturday Night Specials” and other inexpensive guns because it’s not fair that poor people have access to guns too.
34. Police officers, who qualify with their duty weapons once or twice a year, have some special Jedi-like mastery over handguns that private citizens can never hope to obtain.
35. Private citizens don’t need a gun for self-protection because the police are there to protect them even though the Supreme Court says the police are not responsible for their protection.
36. Citizens don’t need to carry a gun for personal protection but police chiefs, who are desk-bound administrators who work in a building filled with cops, need a gun.
37. “Assault weapons” have no purpose other than to kill large numbers of people, which is why the police need them but “civilians” do not.
38. When Microsoft pressures its distributors to give Microsoft preferential promotion, that’s bad; but when the Federal government pressures cities to buy guns only from Smith & Wesson, that’s good.
39. Trigger locks do not interfere with the ability to use a gun for defensive purposes, which is why you see police officers with one on their duty weapon.
40. When Handgun Control, Inc., says they want to “keep guns out of the wrong hands,” they don’t mean you. Really.
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