Federal Gun Control in America: A Historic Guide to Major Federal Gun Control Laws and Acts

For Americans, the crux of gun control laws has been how to disarm dangerous individuals without disarming the public at large. Ever-present in this quest is the question of how the perception of danger should impact guaranteed freedoms protected within the Bill of Rights.

Not only is such a balancing act difficult as-is, but there are also two additional factors that make it even more challenging: America’s federal government is constitutionally bound by the Second Amendment, and politicians notoriously take advantage of tragedies to pass irrational laws when emotions are at their highest. As President Obama’s former Chief of Staff, Rahm Emanuel, once famously remarked:

“You never want a serious crisis to go to waste. And what I mean by that is an opportunity to do things you think you could not do before.”

This line of thought is not new to American politics. From the emancipation of enslaved Americans and the organized crime wave of the 1930s to the assassinations of prominent leaders in the 1960s and the attempted assassination of President Reagan in the 1980s, fear has proved a powerful catalyst for appeals about gun control.

Below is an overview of the history behind major gun control laws in the federal government, capturing how we’ve gone from the Founding Fathers’ America of the New World to the United States of the 21st century.

Second Amendment in America’s Bill of Rights: Ratified December 15, 1791

Congress added the Bill of Rights to the Constitution of the United States specifically “to prevent misconstruction or abuse of its powers.” The Second Amendment is the foundational cornerstone of every American’s right to bear arms, stating:

“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.”

The right to bear arms was second only to the first – the most vital freedoms of religion, speech, the press, the right to assemble and the right to petition government for redress of grievances. Meanwhile, conflicting views have left government and personal interest groups struggling to reconcile technological advances, isolated but significant violent anomalies and the constitutional mandate protecting the natural right to self defense and this most basic aspect of the Bill of Rights.

First and Second Militia Acts of 1792: Passed May 2 and 8, 1792

The U.S. Congress passed the Militia Acts of 1792 less than a year after the Second Amendment’s ratification. The first act’s purpose was “to provide for the National Defence, by establishing an Uniform Militia throughout the United States.” This measure established the need and command structure for a state-based militia. The second act defined conscription parameters for those militias, limiting armed service to “each and every free able-bodied white male citizen” 18 to 45.

Colonial Gun Regulations

Even today, the majority of firearms laws are state-based and vary considerably. While CaliforniaConnecticut and New Jersey have the most restrictive laws, ArizonaVermont and Kentucky have some of the least stringent. For more than a century, the young United States relied primarily on “state” laws:

  • The earliest came from Virginia, the result of fear of attack by Native Americans. The 1619 law imposed a three-shilling fine on able-bodied men who failed to come armed to church on the Sabbath.
  • By 1640, slave codes in Virginia prohibited all “free Mulattos and Negroes” from bearing arms. In 1712, South Carolina enacted a similar law.
  • During this time in Virginia, gun laws for Native Americans were similar to those for white men – as they were not barred from possessing guns (unless they were gathering food on land held by white men). There were, however, prohibitions against providing “Indians” with weapons and ammunition. Native Americans could own weapons, but there were strict regulations on how they could obtain them.
  • Throughout the Antebellum South, LouisianaFloridaMarylandGeorgiaNorth CarolinaMississippi and even Delaware all passed multiple measures denying guns to people of color, requiring court-issued permits, and allowing search and seizure of weapons as well as punishment without trial.

Continue reading Federal Gun Control in America: A Historic Guide to Major Federal Gun Control Laws and Acts at Ammo.com.

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Non-Intervention: An Imperfect Solution to a Terrible Problem

On November 27, US president Donald Trump signed the Hong Kong Human Rights and Democracy Act.

The bill, passed by veto-proof majorities in Congress amid large protests in the “special administrative region,”  allows the president to impose sanctions on officials who violate human rights there, and requires various US government departments to annually review Hong Kong’s political status with a view toward changing trade relations if the US doesn’t like what it sees.

In response to the bill’s passage and Trump’s signature, the Chinese government in Beijing denounced US “meddling” in China’s “internal affairs” and threatened “countermeasures.”

Some non-interventionists agree with Beijing’s line on the matter, claiming that Hong Kong is intrinsically part of a thing called “China” and that the US simply has no business poking its nose into the conflict between pro-democracy (and increasingly pro-independence) protesters and mainland China’s Communist Party regime.

I happen to disagree with Beijing’s line, but that doesn’t mean I think the bill is a good idea. Non-interventionism is sound foreign policy not because the situation in Hong Kong is simple, but because it’s complex.

In 1842, the British Empire forced China’s Qing dynasty to cede areas including Hong Kong to it as a colony. In 1898, that same dynastic regime granted Britain a 99-year lease on Hong Kong.

When Britain’s lease ran out in 1997, Hong Kong wasn’t returned to the Qing dynasty. That dynasty no longer existed. It had been replaced in rebellion and civil war,  first by a notional republic under Sun Yat-sen’s Nationalist Party, then in 1949 by Mao’s Communist Party.

But Britain still returned Hong Kong to “China,” albeit with some negotiations for “special administrative status,” meaning more personal, political, and economic freedom than the people of mainland China enjoyed. Now the Beijing regime is acting to erode the prerogatives of that “special” status, and the people of Hong Kong are unhappy about it.

The problem is that the Westphalian nation-state model that has prevailed for the last 400 years treats given areas as “sovereign” even if the governments  within those areas change. “China” is the territory enclosed by a set of lines on the ground (“borders”) agreed to by politicians once upon a time, and nothing that happens within those borders is anyone else’s business, forever and ever amen.

Yes, Hong Kong was “returned” to a “China” completely different from the “China” it was torn from, but nobody gets to tell the new “China” what to do within the agreed borders. At least, it seems, not for more than 20 years or so.

I don’t like that, but I don’t have to like it. That’s how it is whether I like it or not.  Beijing doesn’t get to decide how Washington treats us. Washington doesn’t get to decide how Beijing treats the people of Hong Kong.

That being the case, the choice is non-intervention or some form of conflict, up to and including war. I prefer the former — and I hope we evolve out of the nation-state political model before the latter destroys us.

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Trump’s Democratic Critics Want it Both Ways on Biden, Clinton

US president Donald Trump “elevated his political interest above the national interest and demanded foreign interference in an American election,” Peter Beinart asserts at The Atlantic. “What’s received less attention is what the scandal reveals about Joe Biden: He showed poor judgment because his staff shielded him from hard truths. If that sounds faintly familiar, it’s because that same tendency underlay Hillary Clinton’s email woes in 2016.”

Beinart admits that Joe Biden’s son Hunter’s service as a very well-paid member on the board of a Ukrainian energy company at the same time his father’s portfolio included “fighting corruption in the Ukrainian energy industry” was “a problem.”

But it’s not Joe’s fault, see? His staffers didn’t want to confront him about the conflict of interest. They “feared the vice president’s wrath,” and thought him “too fragile” after one son’s death to hear “upsetting news” about the other’s conduct.

Ditto Hillary Clinton. As Secretary of State, she was briefed on (and signed papers agreeing to abide by) State Department protocols on the handling of classified information and the use of non-government email systems.  But Beinart lets Clinton off the hook because her chief of staff and other aides failed to “forcefully convey” her obligations to her.

Here’s Beinart’s case — one also made by other Democratic partisans — boiled down to its essentials:

When Republicans act criminally and/or corruptly, it’s because they’re criminal and/or corrupt.

When Democrats act criminally and/or corruptly, it’s because they’re just poor, temperamental, out-of-their-element naifs who of course have no criminal or corrupt intent, but whose staffers — whether negligently, or out of concern for feelings or fear of offending — neglect to button their winter coats for them, take them by their little mittened hands, and carefully walk them across all those busy, dangerous legal/ethical streets.

There are two obvious problems with this double standard.

One is that for the last three years we’ve been told over and over (by, among others, Hillary Clinton and Joe Biden) that Trump is a loose cannon, an eternal man-child who lacks “adults in the room” to help him navigate the intricacies of governing. So why shouldn’t Trump receive the same “Blame the Aides and Get Out of Jail Free Card” that Beinart tries to play on behalf of the other two?

The other is that in arguing that Joe Biden and Hillary Clinton aren’t responsible for their actions because they’re too stupid to discern right from wrong and too simultaneously mean and emotionally delicate to be TOLD right from wrong, Beinart is necessarily also arguing that Joe Biden and Hillary Clinton were and are, by definition, unfit to entrust with responsibilities as weighty as those that go with, say, the presidency of the United States.

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Don’t Make Mark Zuckerberg America’s Political Truth Czar

Politicians lie.

Not all of them. Not every time. But most of them, from both “major” political parties, lie. A lot.

It’s not always easy to tell when they’re lying. It’s not always easy to prove they’re lying. Often, it’s not even easy to tell if they’re just lying to us or to themselves as well.

Some politicians want Facebook to stop politicians from lying. They phrase that desire as a request for Facebook to “fact check” content posted by politicians, especially political advertising.

Perhaps I’m too cynical, but I’m not sure it’s  coincidence that the examples politicians offer tend to be drawn from content posted by their political opponents.

US Representative Alexandria Ocasio-Cortez (D-NY) is a notable exception. She asked Facebook CEO Mark Zuckerberg if Facebook would let her target Republican politicians by running ads falsely accusing them of voting for her “Green New Deal” proposal (Zuckerberg said he couldn’t answer “off the top of his head”).

On the other hand, AOC’s own take seems a bit naive.  “So you will take down lies or you won’t take down lies?” she asked Zuckerberg.  “I think this is a pretty simple yes or no.”

It isn’t.

Let’s use the Green New Deal as an example.

If a Facebook employee has to “fact check” an ad asserting that the proposal would “tank the American economy,” how should that employee evaluate the truth or falsehood of the claim?

What criteria should that employee use for deciding what “tank” means? Is slow economic growth “tanking?” Or would it take a recession or depression to meet the threshold?

Should that employee rely on analyses from the Heritage Foundation? Or perhaps from People for the American Way? Or the Congressional Budget Office? Or the Office of Management and Budget? Four sources, likely four wildly conflicting sets of claims and projections.

For a conflicting ad claiming the Green New Deal would “boost the American economy,” should that employee “fact check” the ad using the same sources as for the original ad, or different sources? Would 1% growth of GDP constitute a boost? If not, what number, applied to what metric, would?

What if both ads fail the “fact check?” Should the public just flip a coin and vote accordingly, since the two sides are forbidden to offer us their takes to  evaluate and decide between for ourselves?

Politics consists of conflicting narratives. No two opposing narratives can both be true. In fact, both could be false (Spoiler: Both are probably at least partially false, intentionally or not; personal biases affect politicians’ beliefs, and ours, at least as much as facts do).

The question is not whether politicians’ claims should be fact checked. The question is who should do the checking.

In an even remotely free society, the only answer is “all of us.”

Yes, some of us will  fail to accurately distinguish truth from falsehood. Some of us will get things wrong.

That’s better than one centralized “fact checking” operation getting them wrong for all of us.

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In Syria “Withdrawal,” Less is Probably More

When US president Donald Trump announced his plan to relocate a few dozen US soldiers in Syria — getting them out of the way of a pending Turkish invasion — the Washington establishment exploded in rage at what it mis-characterized as a US “withdrawal” from Syria.

Instead of fighting that mis-characterization, Trump embraced it, pretending that an actual withdrawal was in progress and announcing on October 9 that “we’re bringing our folks back home. ”

If he’s telling the truth, hooray! But so far as I can discern, no, he isn’t telling the truth.

Since taking office (after campaigning on getting the US out of military quagmires in the Middle East and Central Asia), Trump has boosted US troop levels in Syria from 500 or fewer under Barack Obama to at least 2,000 and possibly as many as 4,000.

Even at its most ambitious, the supposed US “withdrawal” from Syria consisted of moving a few hundred soldiers across the border into Iraq, from which they could launch operations in Syria at will.

The Iraqi government objected to hosting more US troops on its soil, so now the plan has changed to deploying elements  of an armored brigade combat team (“less than a battalion,” so call it “less than a thousand troops” depending on what kind of battalion) to protect Syrian oil fields from the Islamic State (and from Syria’s own government).

Exactly how many US soldiers, sailors, airmen, and Marines were in Syria prior to the supposed withdrawal? How many are there now? How many will be there by the end of the year?

That’s hard to say with any exactitude. Over the last several years (and not just on Trump’s watch), the US government’s troop level claims have become less specific and more general,  less matters of public record and more notional state secrets.

But so far, according to those claims, Trump has escalated US involvement in every conflict he inherited from Obama, even after promising to do the opposite and even while pretending to do the opposite.

If past performance is an indicator of future results, what’s going on in Syria isn’t a US withdrawal at all. Instead of US forces departing the country, more troops and heavier weapons seem to be flowing into the country (and the region, including B-1B bombers to Saudi Arabia).

Will Trump’s non-interventionist supporters finally notice or admit that, as usual, his rhetoric and his actions don’t match? Fat chance.

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How Children Learn the Humanity of Trade

My older children attend a self-directed learning center for unschoolers a couple of days a week. I love to hear the stories they share about what they do during the day. Classes are offered and are generated based on the young people’s interests, but they are entirely voluntary. Kids can attend classes or do their own projects, either independently or collaboratively, during what is known as “open hangout.” No one directs the hangout. Adults are present to facilitate and help if needed, but they don’t orchestrate the children’s work and play. The kids are free to create at will.

One creation that has been ongoing for months during open hangout is the development of a marketplace and its associated currency, known as myafo. It turns out, some of the kids want to tax the businesses in the marketplace “because that is how it is.”The kids create myafo using crayons and hot glue to make colorful, round gems and then use this currency to “buy” items that are produced for sale in the myafo marketplace. It’s been interesting to hear about the evolution of this economy and its unit of exchange, including the successes and setbacks.

Lately, as the marketplace gains popularity among the young people at the learning center, there have been discussions about creating a central bank and the potential issues related to that. There have also been conversations about power and control. Not surprisingly, one discussion that piqued my interest related to taxes. It turns out, some of the kids want to tax the businesses in the marketplace “because that is how it is.”

Forced Generosity

Others have more magnanimous reasons for taxation, such as using the taxes as a method of charity to allow kids who are new to the center, or who attend irregularly, to fully participate in the marketplace by receiving an allotment of myafo out of the collected taxes. It was called a charity tax. Some children disagreed with the tax idea and suggested that everyone be encouraged to voluntarily donate some of their myafo to help the newcomers. After all, forced generosity isn’t charity; it’s coercion.

It will be interesting to see how the myafo marketplace matures and how the kids address conflicts related to their growing economy. The issues they grapple with are big, and even we adults haven’t figured them out in real life. I am glad to see that dialogue and debate are central to the young people’s decision-making and that it is all completely child-driven. Trade is a fundamental process of human betterment.The kids, who range in age from about six to 14, created this project all on their own, with no adult prompting and no adult interference. It reveals how the idea of peaceful, voluntary cooperation through trade is something humans gravitate toward. Indeed, they have for millennia.

The history of trade dates to prehistoric times, as individuals sought to improve their well-being through trade. Someone has something to barter or sell that someone else wants to barter or buy, and both parties are better off as a result of the exchange. Trade is a fundamental process of human betterment. As it has spread during modern times, particularly when unencumbered by kings, dictators, and other central powers, free trade has led to growing global prosperity and astonishing reductions in poverty.

Trade

FEE’s Dan Sanchez goes so far as to say trade is what makes us human and quotes Adam Smith, who wrote in The Wealth of Nations of humans’ “propensity to truck, barter, and exchange one thing for another.” Smith continues:

It is common to all men, and to be found in no other race of animals, which seem to know neither this nor any other species of contracts. (…) Nobody ever saw a dog make a fair and deliberate exchange of one bone for another with another dog. Nobody ever saw one animal by its gestures and natural cries signify to another, this is mine, that yours; I am willing to give this for that.

If you or your children are curious about the history of money and exchange, I highly recommend this Outschool.com class taught by Tom Bogle, as well as the Netflix original series Origins and its episode on “Money, Banks, and The Stock Market.” And definitely check out FEE’s fantastic Common Sense Soapbox episode “Voluntary Trade is Win-Win!

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