Negroes With Guns: The Untold History of Black NRA Gun Clubs and the Civil Rights Movement

Black NRA Gun Clubs

With the violent crime rate increasing disproportionately in urban communities, it’s no surprise that a recent phone survey of black voters found that 80 percent felt gun violence was an “extremely serious” problem. However, it seems this surge in violence actually has many in the black community changing their views on gun ownership.

In 1993, 74 percent of African-Americans favored gun control. Fast forward to 2018, and a Crime Prevention Research Center report found that concealed carry permits are on the rise – especially among minorities. In Texas alone, the number of blacks with permits has grown by almost 140 percent since 2012. Overall, this growth in the number of permits for blacks is happening 20 percent faster than for whites.

This increasingly positive attitude toward firearms might not be a new paradigm, but rather a return to form.

In this three-part series on militias in America, Early American Militias: The Forgotten History of Freedmen Militias from 1776 until the Civil War and American Militias after the Civil War: From Black Codes to the Black Panthers and Beyond provide detailed looks at the history of militias in early and post-Civil-War America. This guide takes a final look at how militias played a vital role in the Civil Rights Movement, an important piece of America that’s missing from our history books.

Robert F. Williams and Armed Black Self-Defense

Few are aware that weapons played a pivotal part in the American Civil Rights Movement, specifically through Robert F. Williams. A curious figure in American history, Libertarians are quick to lionize him and his radical approach to black self-defense, but they’ll quickly cool when they learn of his longstanding association with leftist totalitarian politics and governments. Conservatives likewise might initially find themselves infatuated with a man who did not wait for “big government” to deliver his people, but rather leveraged the Second Amendment. Liberals, for their part, might find something to admire in Williams’ notion of liberation, but will recoil in horror when learning that his preferred vehicles for change were the NAACP (great!) and the NRA (terrible!).

Williams was many things, but chief among them was a harbinger of things that would come long after he had fled the United States for what he considered greener pastures in Fidel Castro’s Cuba. He stands across the divide, separating the non-violent, electoral, protest-oriented phase of the Civil Rights Movement in the early 1960s from the later, more militant and direct-action-oriented phase that would arise in the mid-to-late 1960s as the movement became more frustrated (particularly after the assassination of Martin Luther King).

Born in North Carolina in 1925, Williams’ experience mirrors that of many African-Americans of his generation. He moved to Detroit as part of the Second Great Migration, where he was privy to race rioting over jobs. He served in the then-segregated United States Marine Corps for a year and a half after being drafted in 1944. Upon returning to his North Carolina hometown, Williams found a moribund chapter of the NAACP. With only six members and little opposition, he used his USMC training to commandeer the local branch and turn it in a decidedly more military direction. The local chapter soon had over 200 members under Williams’ leadership. If nothing else, his leadership was effective at building the movement from the ground up.

Black NRA Gun Clubs KKKAn early incident is particularly instructive in how effective these new tactics were. The KKK was very active in Monroe, with an estimated 7,500 members in a town of 12,000. After hearing rumors that the Klan intended to attack NAACP chapter Vice President Dr. Albert Perry’s house, Williams and members of the Black Armed Guard surrounded the doctor’s house with sandbags and showed up with rifles. Klansman fired on the house from a moving vehicle and the Guard returned fire. Soon after, the Klan required a special permit from the city’s police chief to meet. One incident of self-defense did more to move the goalposts than all previous legislative pressure had.

Monroe’s Black Armed Guard wasn’t a subsidiary of the Communist Party, nor an independent organization like the Black Panther Party that would use similar tactics of arming their members later. In fact, “Black Armed Guard” was nothing more than a fancy name for an officially chartered National Rifle Association chapter.

His 1962 book, Negroes With Guns, was prophetic for the Black Power movement to come later on in the decade. But Williams is noteworthy for his lack of revolutionary fervor, at least early on. Williams was cautious to always maintain that the Black Armed Guard was not an insurrectionary organization, but one dedicated to providing defense to a group of people who were under attack and lacking in normal legal remedies:

To us there was no Constitution, no such thing as ‘moral persuasion’ – the only thing left was the bullet…I advocated violent self-defense because I don’t really think you can have a defense against violent racists and against terrorists unless you are prepared to meet violence with violence, and my policy was to meet violence with violence.

Robert Williams

Williams himself is an odd figure, not easily boxed into conventional political labels. While often lauded, for example in a PBS Independent Lens hagiography, it’s worth noting that Williams spent a number of years operating Radio Free Dixie, a radio station broadcast from Communist Cuba that regularly denounced the American government. He urged black soldiers to revolt during the Cuban Missile Crisis. Williams personally praised the Watts riots in 1966, simultaneously invoking “the spirit of ‘76.” Radio Free Dixie ceased operations in 1965, when Williams relocated to Red China at the personal request of Chairman Mao Zedong (hardly a proponent of freedom). Williams happily accepted, and this is where he remained for the rest of his exile from the United States – avoiding dubious charges of kidnapping white activists, Williams claimed he was defending from Klan attacks.

However, it’s not entirely fair to brand Williams a pliant, party-line Communist, either. Even while hobnobbing with the elite of the Chinese Communist Party, Williams regularly denounced the U.S. Communist Party as “Gus Hall’s idiots.” To some degree, this reflects internal divisions in the international Communist movement at the time, with national parties and internal factions lining up between Moscow and Beijing. But he also refused to rule out any sort of deal between himself and the federal government – or the far right, for that matter – on the grounds that he would do anything to avoid prison. He gave speeches in China denouncing the United States, including one where he associated Robert Kennedy with an alleged system of international white supremacy.

Upon returning to the United States, Williams was put on trial for the alleged kidnapping and was extradited to North Carolina from Michigan. By the time his case went to trial in 1975, it was a cause celebre among the American far left and the charges were soon dropped. His later years were marked by a lack of political activity. He received a grant from the Ford Foundation to work in the Center for Chinese Studies at the University of Michigan. He seemed to have little interest in leading the more militant, Black Power incarnation of the Civil Rights Movement that had emerged in his exile. The title of his New York Times obituary is rather telling: “Outspoken and Feared but Largely Forgotten.”

Williams is a confusing figure, one that’s hard to figure out and even harder for people of any political persuasion to take a hard line in favor of. An iconoclast and a malcontent, he was simultaneously capable of self-sacrifice, exiling himself from his homeland, as well as blatant (and almost certainly appropriate) self-interest, ready to cut any kind of a deal to keep himself out of jail. No matter what your opinion is of Robert F. Williams and his role in bringing together blacks and guns, one thing’s for sure – we won’t be seeing him on the front of dollar bills any time soon.

Continue reading Negroes With Guns: The Untold History of the Black NRA Gun Clubs and the Civil Rights Movement at Ammo.com.

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The Down Side of Impeachment

Unless there’s some dramatic change in the political landscape over the next month or so, I believe that the US House of Representatives will impeach President Donald Trump.

Unless there’s some dramatic change in the political landscape between now and Trump’s trial in the US Senate, I don’t believe the Senate will vote, by the necessary 2/3 majority, to convict him.

Taken together, those two outcomes constitute a bad thing. Here’s why:

If I’m correct on the first count, Donald Trump will become the third US president to be impeached by the House (the first two were Andrew Johnson in 1868 and Bill Clinton in 1998).

If I’m correct on the second count, Donald Trump will become the third US president to be acquitted by the Senate.

When Johnson and Clinton were impeached, no reasonable doubt remained that they were guilty of at least some of the charges laid in their articles of impeachment. Johnson had indeed dismissed Secretary of War Edwin Stanton from office after the Senate had voted not to concur with his dismissal. Clinton had indeed lied under oath concerning his sexual relationship with Monica Lewinsky.

If Donald Trump is impeached, he will likewise be charged with one or more things which he, beyond a reasonable doubt, actually did.

In theory, the House’s job is to decide whether or not an act is worthy of impeachment, and the Senate’s job is only to determine whether or not the president actually committed that act.

In real life, this will make three times out of three that the Senate engages in a form of jury nullification. At least 34 Senators will vote, in the face of facts plainly demonstrating guilt, to acquit.

Blame partisan bias if you like.

Or, if you prefer, accept some Senators’ claims that they disagree that the acts in question, though proven, rise to the level of treason, bribery, or “high crimes and misdemeanors.”

Either way, a three for three record of acquittals sends a message to every future president:

So long as your party can whip 34 Senators into line to vote against conviction, anything goes.

Fans of the separation of powers envisioned in the Constitution have bemoaned “the imperial presidency” since the 1960s.

Trump has openly and routinely hacked away at that fraying separation. Impeachment and acquittal would be an injection of steroids in his sword arm.

Absent conviction, impeachment isn’t just useless, it’s catastrophic.

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Right to Know: A Historical Guide to the Freedom of Information Act (FOIA)

Right to Know Day

Information has taken on a whole new meaning in the digital age, a time when sensitive data is either too easily accessible or not accessible enough. This issue of access to information encompasses fundamental human rights – specifically the freedom of speech as well as the right to privacy. Because it’s a primary means of maintaining transparency and accountability within government policies and decision-making in both the United States and around the globe, information is more valuable than ever to both government agencies and our individual lives. This guide takes an in-depth look at FOIA history and the importance of exercising your right to know.

International Right to Know Day: September 28th

September 28th marks International Right to Know Day. What began as a meeting between freedom of information organizations from 15 countries in 2002, has expanded to a global observance supported by more than 200 organizations worldwide. Each year, International Right to Know Day seeks to make people aware of the distinct rights they have to access government information that is essential to “open, democratic societies in which there is full citizen empowerment and participation in government.” Within the United States, those rights come in the form of the Freedom of Information Act, or FOIA.

Freedom of Information Act

July 2016, marked not only FOIA’s golden 50-year anniversary, a milestone in Americans’ rights to scrutinize government agency records, but also the FOIA Improvement Act of 2016. Together, they remind us that FOIA’s guarantee of access to information was not easily acquired – nor was it a legally binding right. In fact, FOIA’s very creation was highly controversial. And since it has passed, its implementation and execution have continued to present challenges of their own.

1789 Housekeeping Statute

For more than 175 years, the United States relied on what was known as the 1789 Housekeeping Statute. As the U.S. Constitution does not specify policy or procedure for information sharing either among federal bodies or with the public, Congress’ 1789 statute authorized heads of departments to maintain records and to determine how those records would be used.

Although the legislation was considered simply a “housekeeping” measure for a growing nation, opponents of free access even today continue to invoke it in arguments to withhold information – even though a one-line 1959 amendment to the statute specifically states, “This section does not authorize withholding information from the public or limiting the availability of records to the public.”

Administrative Procedure Act of 1946

As the growing nation continued to create agencies and departments, President Franklin Delano Roosevelt saw the need to once again establish some additional housekeeping rules through the Administrative Procedure Act. According to the act, federal agencies had to maintain records and make them “available to public inspection” – except for “information held confidential for good cause.” Fraught with loopholes, the act gave more cause to withhold information than to share it. However, it did require that agencies:

  • Establish offices where the public could “secure information or make submittals or requests.”
  • Publish formal and informal procedures for information sharing.
  • Make available “instructions as to the scope and contents of all papers, reports, or examinations.”

FOIA Reaction to Cold War Secrecy

Post-World War II, however, conflict assumed new dimensions in the Cold War. Governmental secrecy increasingly frustrated journalists and the public alike. Open demand for information grew, spurred on by Harold Cross’ 1953 publication of The People’s Right To Know and ensuing congressional initiatives led by California’s Democratic Representative John Moss.

On July 4, 1966, President Lyndon B. Johnson issued a signing statement to edify Congress’ fresh, new Freedom of Information Act with limitations. Although his statement asserted that “a democracy works best when the people have all the information that the security of the nation will provide,” it focused heavily on the fact that “the welfare of the nation or the rights of individuals may require that some documents not be made available.” While reluctantly conceding the act as necessary, Johnson removed many of the act’s teeth exception by exemption. Even so, for the first time, a law had been written with the sole purpose of ensuring public access to federal agency records.

Continue reading Right to Know: A Historical Guide to the Freedom of Information Act (FOIA) at Ammo.com.

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Anatomy of a Frivolous Argument

While I’ve spoken about this many times, it keeps coming up so I figured I would do a formal analysis.  I’m well-aware this will have no impact on those who use this tactic to avoid discussion, such as lawyers and bureaucrats; this is for those who may be victims of this pernicious method of shouting down a valid argument.  Ironically, as will be shown, it’s those screeching “frivolous” that are usually raising a truly frivolous argument.  Yelling frivolous is a distraction technique, don’t be fooled by it.

Anyone who has ever challenged the legitimacy of government and the application of their sacred writ, called “laws,” will be familiar with this tactic.  When the accuser admittedly has no evidence, they just start shouting “frivolous argument” as if that magically creates facts to support their claim.

What is a frivolous argument?  There are usually two constants, it’s not just an argument lacking in merit or arbitrarily denied by a traffic court judge: “An appeal [argument] is not frivolous just because it has no merit” Applied Business Software, Inc. v. Pacific Mortgage Exchange, Inc., 164 Cal. App. 4th 1108, it must also be brought in bad faith:

frivolous.  So clearly and palpably bad and insufficient as to require no argument or illustration to show the character as indicative of bad faith upon a bare inspection…Strong v Sproul, 53 NY 497, 499.”  Ballentine’s Law Dictionary, 3rd Ed., page 503.

Black’s Law Dictionary adds to this (also quoting Strong v Sproul):

“…where it does not controvert the material points of the opposite pleading, and is presumably interposed for mere purposes of delay or to embarrass the opponent…”  4th Ed, page 796.

A frivolous argument has three elements:

  1. lacks merit;
  2.  doesn’t controvert the material points; and
  3.  is brought in bad faith.

Now let’s look at an argument I wrote that’s been labeled “frivolous” by an administrative law judge in California and see if it meets this criteria.

“…the legal claims made against me have no factual support, the FTB knows this, and is proceeding against me anyway.”  The legal claim referenced is the claim the laws apply because the target of the assessment is physically in California or has a California source of money.  The FTB argues their laws created an obligation, it’s a foundational claim.

We know this because several agents told us, this includes counsel for the FTB.  When asked for the facts they relied on, they admittedly had nothing, counsel admitted this was an assumption (video below).  Those are the facts my argument is based on, the argument follows directly from the facts.

1. Does the claim have merit?  Yes; the FTB and IRS operate under the same presumption, they admit it; they claim their laws apply, gives them jurisdiction and creates obligations.

My argument is based on their admissions they don’t have evidence and don’t need evidence to support their claim.  So with the FTB claim, where they admit they have no evidence and the foundation of their assessment is an assumption, there is solid factual support.  Therefore, the argument is valid, it has merit because the facts support it.

The FTB and IRS are required to have evidence to support their assessments; lacking a foundational basis is referred to as a “naked assessment” to wit:

The determination of tax due then may be one “without rational foundation and excessive,” and not properly subject to the usual rule with respect to the burden of proof in tax cases. Helvering v. Taylor, 293 US 507.” United States v. Janis, 428 U.S. 433.

The challenge is based on this principle, while my challenge is not spelled out in this or other cases I’m aware of, the legal principle is what’s relevant. The FTB’s assessment is “without rational foundation” by their own admissions.

The argument has merit because it is based on a sound legal principle, supported by the agents’ own admissions.

2.  Does it “controvert the material points” made by the FTB or IRS?  Yes; by their own admission they operate under the presumption the laws apply because you’re physically in California or have a California source of money; and by their own admission they have no evidence, it’s an assumption.  It’s logical and consistent with the facts.

3.  Is it brought in bad faith?  No; it’s based on facts, and a sound legal principle that “controverts the material points” raised by the FTB or IRS.  It’s a logically, legally, and factually consistent argument.

None of the three elements of a “frivolous argument” are present proving the argument is not frivolous; it may be wrong, but it’s not frivolous.  It’s possible the facts as alleged are not true, but that is what a hearing is for, to determine if the alleged facts are true.  In the above video you can hear the agent admit the assessment’s foundation, the applicability of the laws, is an assumption.  An assumption is not a “rational foundation.”

If it’s obvious it’s not a frivolous argument, then why do tax agents and their lawyers (with and without black robes) insist it is and threaten thousands in sanctions?   Because they have a vested interest in the system taking property by force (taxation).  They are the ones raising an argument that has no rational foundation and is brought in bad faith.  I’ve had tax agents claim they don’t need evidence.  That’s frivolous, not pointing out their claim lacks factual support.

What they are really saying is just challenging their foundational claim is somehow a frivolous argument or calling out their frivolous argument is itself frivolous.  That is proof of bad faith.

What they do is strawman the actual position claiming:

“Appellant’s inquiry is entirely nonsensical, and while we are unsure of the exact import of this statement, it appears to be based on the meritless contention that California does not have jurisdiction to impose a personal income tax on appellant.”

No, the contention is: the FTB admitted their foundational claim is the constitution applies because there was California source of money.  When asked for evidence, they admittedly had none and agreed it was an assumption.  We have never made the above claim, this is done to justify ignoring the actual issue. They know what the actual issue is because the “entirely nonsensical” argument is cited just before the above quote:

“Moreover, in her briefs, appellant states that she had previously contacted FTB staff and [FTB counsel] regarding the proposed assessments at issue, and that these individuals failed to provide evidence that the “constitution” applied to her.”

First, the claim is not “entirely nonsensical” it’s based on the FTB’s own admissions and used as an insult, they also use “legalistic gibberish.”  What this administrative law judge really thinks is frivolous, is challenging the FTB’s claim the laws apply to appellant.  Questioning the FTB’s legal claim is the frivolous argument to him.  This cow is so sacred to this bureaucrat he’s threatening a five-thousand dollar sanction for just questioning it and pointing out it’s admittedly an assumption.  Like the pope admitting he just assumes the gods are real and anyone quoting him is raising a frivolous argument.  By the way, this is the same bureaucrat allowing the FTB to lie with impunity in their pleadings.  No bias there I guess.

Some claim the courts have already ruled the argument frivolous for decades as if that changes anything, it doesn’t.  Because just as this ALJ is wrong, so are the courts for the reasons above.

It must also be noted they are not addressing this actual argument in those cases, just like the ALJ does here.  If you look at the cases, the frivolous arguments are all arguments of legal interpretation, not issues of fact.  This ALJ cites Appeals of Dauberger (82- SBE-082) 1982, as support; the type of arguments included are: wages not income without meaning of statute, not a taxpayer within meaning of statute, federal reserve notes are not legal tender, and the Fifth Amendment prohibits the requirement to file a tax return.  Not a single issue of fact cited as a frivolous argument.

If it’s truly frivolous to challenge this legal claim, then that’s proof the system is rigged.  Irrefutable presumptions are unfair and violate due process because they cannot be challenged, there is no defense, even against an assumption, Vlandis v. Kline, 412 US 441. Yes, this is about legislative presumptions, but the principle of fairness is what is relevant because due process requires notice and opportunity to defend at a meaningful hearing, Goldberg v Kelly, 397 US 254 (1970).

It’s not a so-called “frivolous argument” to point out someone’s foundational claim is admittedly an assumption, it’s a statement of fact.

So when they start chanting frivolous, call them on it, ask them what makes an argument frivolous and not just wrong.  Ask them to point out what part of the argument is false; because the underlying facts are not and since the conclusion is drawn directly from the facts, the conclusion is accurate.

The argument the FTB or IRS has failed to support their claim the constitution applies, has merit because 1) it is based on their own admissions, 2) it controverts material points because they admit to not having evidence, and 3) because it’s based on a sound legal principle and the FTB’s own admissions, there is no bad faith.

Regardless of the chants from lawyers and bureaucrats, the argument is not frivolous.

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City Shuts Downs Preschoolers’ Farm Stand Citing Zoning Violations

It’s like something out of The Onion: city manager shuts down preschool farm stand out of fear that, if allowed, “we could end up with one on every corner.”

Farm Stand Shut Down

Alas, this is not satire. It’s the current predicament facing the Little Ones Learning Center in Forest Park, Georgia, just outside of Atlanta. In an area where access to fresh fruits and vegetables can be limited, this preschool has stepped up to prioritize growing and selling fresh produce from its school gardens. According to recent reporting in the Atlanta Journal-Constitution, Little Ones has often sold its produce with generous discounts to local food stamp recipients and other neighbors and has been acknowledged as a leader in the farm-to-school healthy food movement.

That is, until the city shut down the bi-monthly farm stand program last month for zoning violations.

Despite protests from community members, city officials are holding firm to their stance that allowing one farm stand could lead to an unruly proliferation of fresh produce.

“Anywhere you live, you’ve got to have rules and regulations,” Forest Park City Manager Angela Redding said. “Otherwise, you would just have whatever,” the Atlanta Journal-Constitution reported.

That “whatever” is exactly the hope and promise that irks central planners. Whatever symbolizes what is possible when individuals and organizations spontaneously create new streams of value for their neighbors. Whatever are opportunities for mutual gain through voluntary exchange. Whatever are new inventions, new services, and new ways of living and being that augment our existence and improve our future. Whatever is freedom.

Central Planners Are Threatened by Freedom

Freedom is the threat. Central planners are uneasy with spontaneous order, or the decentralized, peaceful process of human action that occurs when individuals follow their diverse interests in an open marketplace of trade. A preschool finds it beneficial for their students, parents, employees, and neighbors when they emphasize immersive gardening, sustainably-grown produce, and farm stand commerce. Students enjoy it, parents value the experience for their children, teachers choose to work in this farm-focused environment, and neighbors are willing to pay for the garden bounty from a twice-per-month farm stand. It is a beautiful example of the beneficial gains achieved through free markets.

That is, until the city’s central planners intervened out of fears that allowing one neighborhood farm stand to operate could lead to many, un-zoned farm stands. This is particularly poignant given that this preschool is located in one of the most disadvantaged counties in Atlanta. Little Ones preschool director Wande Okunoren-Meadows told Mother Nature Network: “According to the United Way, Clayton County has the lowest child well-being index out of all the metro Atlanta counties…So if we’re trying to move the needle and figure out ways to improve well-being, I’m not saying the farm stand is the only way to do it, but Little Ones is trying to be part of the solution.”

Zoning is often considered to be a protection mechanism, ensuring that neighborhoods remain orderly and livable. Yet, zoning laws in this country have a long history of racist tendencies. Granting power to government officials to control housing, commerce, and neighborhood development has previously led to unfair practices and unfavorable results. Decentralizing that power by eliminating questionable zoning practices can ensure that power is more justly distributed among the individual citizens of a particular community. Sadly, children’s lemonade stands are also routinely shut down for similar reasons, often with the same outrage.In the case of the Little Ones preschool, power would shift from city planners to local neighbors and businesses.

The city has offered Little Ones an opportunity to hold their farm stand in another part of town, but it is far away from the preschool and its neighborhood. City officials also said that Little Ones could pay $50 for a “special event” permit for each day it hosts its farm stand—a fee that is prohibitively expensive for the school and its small produce stand. For now, the school is selling its fruits and vegetables inside the building, but the indoor location is leading to far fewer sales as passersby don’t realize it’s there. The Little Ones parent and educator community is hoping that the city rules can be changed to allow for occasional outdoor farm stands.

Cases like Little Ones preschool expose the deleterious effects of zoning regulations. “It’s like shutting down a kid’s lemonade stand,” Okunoren-Meadows says. “Nobody does this. It just shouldn’t happen,” the preschool director told Mother Nature Network.

Sadly, children’s lemonade stands are also routinely shut down for similar reasons, often with the same outrage.

We should be outraged when young entrepreneurs are prohibited from producing and selling something of value to their neighbors due to restrictive regulations that centralize power and weaken neighborhood dynamism. Some states, like Utah, are passing laws to protect young entrepreneurs from these zoning and licensing challenges. The key is to look beyond preschool farm stands and advocate for more freedom for all.

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The “Guns are Bad” Assumption

Assuming guns are bad handicaps you. It keeps you from being able to talk about them sensibly.

It would be similar to what would happen if you thought dogs are bad. You’d have trouble discussing them in a reasonable way. Your faulty assumption would creep into everything you think and color everything you say. You might talk about how to register them (or the people who keep them), talk about mandatory dog-owner insurance, or discuss what kinds of dogs people should be allowed to keep. You might claim that government gives people the right to keep dogs, so it can take away that right. I mean, dogs aren’t specifically mentioned in the Ninth Amendment as something you have a right to keep, so government dog-owner control is clearly Constitutional. And obviously the founders never envisioned pitbulls, so only whatever kind of dogs they kept are covered by the Constitution. Right?

Of course, it makes no sense. Not realistically, historically, or rationally.

But that’s the kind of argument you get over and over from people who live by the faulty assumption that guns are bad.

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