Posts Tagged fourteenth amendment

Gun Control’s Racist Roots

From The Hill:

One month after the Confederate surrender in 1865, Frederick Douglass urged federal action to stop state and local infringement of the right to arms. Until this was accomplished, Douglass argued, “the work of the abolitionists is not finished.”

Kansas Senator Samuel Pomeroy extolled the three “indispensable” “safeguards of liberty under our form of government,” the sanctity of the home, the right to vote, and “the right to bear arms.” So “if the cabin door of the freedman is broken open and the intruder enter…then should a well-loaded musket be in the hand of the occupant to send the polluted wretch to another world.”

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LA Times: Banning Rifles Is Stupid

From the LA Times:

Such bans don’t reduce gun crime, but they do stimulate passionate opposition from law-abiding gun owners: Gun control advocates ridicule the NRA’s claim that the government is coming to take away people’s guns, then try to outlaw perhaps the most popular rifle in the country.

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The Atlantic: Gun Rights Are Racist

The Atlantic:

Public-carry advocates like to cite historical court opinions to support their constitutional vision, but those opinions are, to put it mildly, highly problematic. The supportive precedent they rely on comes from the antebellum South and represented less a national consensus than a regional exception rooted in the unique culture of slavery and honor. By focusing only on sympathetic precedent, and ignoring the national picture, gun-rights advocates find themselves venerating a moment at which slavery, honor, violence, and the public carrying of weapons were intertwined.

The NRA’s response:
The authors of this piece are correct in their sense that our current gun debate has its roots in the 19th-century American South—but they managed to get the true alignment of things completely backwards. It is the modern gun control movement that is absolutely a product of racist legislators trying to deprive black Americans of the ability to defend themselves.

When the Civil War ended and the Reconstruction Amendments freed the slaves and assigned them equal rights under the law, the white landowners at the top of the socio-economic ladder found themselves in a predicament. Not only were they deprived of their resource pool of unfree labor, but they now lived side by side with a black population that outnumbered them—and was about to enjoy equal access to both ballot boxes and firearms. These landowners acted swiftly to defend their dominant position. Encouraging poor whites to cling to a sense of racial identity and despise their black neighbors was part of their strategy. The other part was an explosion of new legislation that spat in the face of the Constitution’s clear intention to guarantee the rights of the former slaves.

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The 2nd and 14th Amendment Working Together

From The Huffington Post:

Every now and then a case, a law comes into focus to remind us just how far we remain from the dream of equal protection under the law. Such a case appears this week in the State of California where the betters have moved Senate Bill 707 to Governor Jerry Brown’s desk for consideration.

SB 707 is a gun control bill. It is part of a larger strategy of zero tolerance gun control measures with the real aim to trip people up in ways that even the smallest mistake causes them to lose their gun rights. SB 707 adds a new tripwire to the Gun Free Zone laws that surround 1,000 feet around every school in California threatening everyone, even those with a dire need or legal permit, from being within these zones with a gun. Everyone that is, except for the one lobby Sacramento needed to support this law, retired police officers. Even though they are no longer law enforcement officers and do not have any police powers, they will be granted a privilege no other citizen will have in the State of California. Indeed, there are lobbyists that seem to believe that retired police officers are not subject to living among their lowly fellow citizens as equals under the 14th Amendment; that they are better, exempt; that they are not “little people”.

 

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Concealed Carry And Legal Non-residents

From The Washington Post:

A federal district court in North Carolina held Friday that North Carolina may not discriminate against permanent resident noncitizens in issuing licenses to carry concealed guns. (Messmer v. Harrison.) The U.S. Supreme Court’s D.C. v. Heller decision said that general bans on concealed carry of guns are constitutional, because the have been around in many states starting with the early 1800s. But the Supreme Court held that state laws discriminating against noncitizens — even as to activities that aren’t themselves constitutional rights — usually violate the Equal Protection Clause. That seems to be the court’s rationale in this case.

 

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NYC Gun Fee “Violates Equal Protection”

From The Gun Mag:

The lawsuit challenges New York City’s $340 fee for a three-year handgun license, which is the highest such fee imposed for a gun possession license anywhere in the United States. SAF founder and Executive Vice President Alan Gottlieb noted that the fee anywhere else in the entire state of New York is $10, but the city is exempted from that law, The city’s higher fee, he said, “discourages city residents from exercising their civil rights while violating the Equal Protection Clause of the Fourteenth Amendment.”

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California Is Coming For Your Guns

The anti-gun bigots in the state of California continue to propose ludicrous laws that will make it harder for citizens to exercise their rights.

From Reason.com:

The piece detailed the California’s Department of Justice’s APPs (Armed and Prohibited Persons) program that sends armed agents to the doors of Californians “who at one time purchased firearms legally, but have since run afoul of the law.” It’s a first-in-the-nation program by which state officials cross-reference government crime databases. An agent might show up at the door of a person who legally purchased a gun, but was later deemed mentally ill or was convicted of domestic violence.

 

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