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

The Second Amendment guarantees American citizens the right to bear arms, but both federal and state governments determine how citizens may legally exercise that right. And while both federal and state gun control laws regularly change, laws at the state level change more frequently and often without the media coverage that surrounds changes at the federal level.

This results in a constant challenge for gun owners to keep up with the latest state laws, especially for those who carry their weapons across state lines. Because while some states have more restrictions than others, state gun control policies across the country are diverse and can change quickly – too easily putting responsible gun owners on the wrong side of the law.

This guide is a timeline of major state gun control acts throughout the history of the United States – not only to help gun owners understand the state laws that have influenced our nation, but also to showcase how one state’s gun laws can set an example for others, creating a domino effect of gun control policy for the entire country.

Colonial America: Slavery Versus The Second Amendment

Pre-Constitution, the original Articles of Confederation established that “every State shall always keep up a well-regulated and disciplined militia.” The Bill of Rights’ Second Amendment holds that “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.” However, those rights were at that time granted specifically to white males.

Fear of slave and Native American uprisings prompted many colonial states to establish laws banning “free Mulattos, Negroes and Indians” from having firearms. By the antebellum period, southern states like South CarolinaLouisianaFloridaMarylandGeorgiaNorth CarolinaMississippi and even Delaware all had various laws denying guns to people of color and allowing search and seizure of weapons as well as punishment without trial. Crucial to all of this was the Supreme Court case Dred Scott v. Sanford.

Previously a slave, Dred Scott sued for freedom based on the fact that he’d lived in the free state of Illinois and a free area within the Louisiana Territory for a decade. When his suit was unsuccessful in Missouri, he appealed to the federal courts. The contention was whether “a free negro of the African race, whose ancestors were brought to this country and sold as slaves,” was a citizen with protections under the Constitution. The Supreme Court decision on Dred Scott v. Sanford in 1857 denied “a free negro of the African race” citizenship – a milestone its issuer cited as “the most momentous event that has ever occurred on this continent,” excluding the Declaration of Independence. In that moment, those denied citizenship were also excluded from any of the rights associated with it.

After The Civil War: The Postbellum Era, Emancipation, Reconstruction, and the Black Codes

While President Abraham Lincoln’s Emancipation Proclamation freed all slaves, President Andrew Johnson’s failing leadership brought with it all the struggles of the Reconstruction Era. Meanwhile, the Supreme Court Dred Scott decision still denied people of African descent citizenship.

Former Confederate states enacted Black Codes to define and restrict freedmen’s positions within society. Along with mandating legal responsibilities, land ownership rights, contract labor wages and harsh criminal laws, nearly all the Black Codes effectively and pointedly banned “persons of color” – anyone “with more than one-eighth Negro blood” – from possessing firearms. MississippiSouth CarolinaLouisianaFloridaMarylandAlabamaNorth CarolinaTexas and Tennessee all enacted Black Codes, attempting to maintain the status quo and deny weapons to people of color.

The 13th, 14th and 15th Amendments banned slavery, provided all citizens equal protection under the law and ensured voting rights for all citizens. The 14th Amendment was particularly important, as it defined citizenship as “all persons born or naturalized in the United States,” overturning the Dred Scott decision, establishing people of color as citizens and overriding state statutes denying them the right to possess firearms based on their heritage.

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Letter from a Pakistani Homeschooler

I recently received this email from Pakistani homeschooler Fasih Zulfiqar.  I advised him to seek out econ professors at the nearest universities, but he’d likely appreciate further advice.  Reprinted with his permission.


Hello Prof Bryan, Fasih here. Perhaps Prof Cowen informed you about me, but in case he did not, let me introduce myself.

I’m a student from Pakistan who has self-studied through secondary education. I decided to quit schooling when I was in grade 6, much to the consternation of my relatives. They dinned into me that schooling is the only avenue for success, and that I would certainly fail if I go solo.

There were days when I would come back to home from school – completely exhausted – and ask myself if I truly learned anything. Sure I had friends and all, but school was not serving the purpose it was meant to. Moreover, it wasn’t cheap. My father could hardly afford sending me and my sister to school, let alone pay the prohibitive rent. More and more often, I found myself considering whether it was all even worth it. So in the summer of 2012, I decided it was enough and quit school.

My argument for taking this radical decision was the fact that our schooling system does not teach children anything of actual import. Education, here, is a misnomer. What the schools teach here is rote memorization. Basically, the students are encouraged to memorize the notes of former students (or those written by the teachers themselves), and paste those memorized points verbatim on tests. For instance, a student may know that a rise in interest rate leads to an appreciation of the currency, but (s)he would be absolutely clueless as to how this happens.

What could possibly be the value of such education, if it can even be called that. The schools here are merely concerned with grades and credentials. This perspective is so pervasive that it has also infected our youth and even their parents. And why wouldn’t it, considering that employees are evaluated here solely on their credentials.

It turns out, rote memorization does ensure that you end up acing your exams; thus, this practice has become so entrenched that people don’t even question it anymore. They do not believe there is anything wrong with it. I remember my teacher was once making us memorize the date Bangladesh seceded from Pakistan, and I asked here if she could explain what gave rise to Bangladesh’s independence. The “why” behind it. Initially, she ignored me. I asked again; she replied it is relevant. I persisted. She blew her gasket and expelled me.

We Pakistanis, along with much of South Asia, hold an extremely myopic view of education. It is all about attaining this or that degree. This is not what education is meant to be. We are wasting our youth, which, I firmly believe, has great potential. This needs to change – urgently. I aspire to make that change, but I do not know how. Someday, perhaps, I will, but, as of now, I’m lost myself.

Homeschooling has been an extremely successful endeavor for me. I have achieved an A* in Economics and an A* in Mathematics as well; I recently got an A in Further Mathematics. These are A-level exams (UK system), more or less equivalent to AP in the US. I also ended up being awarded the highest marks in Economics in Pakistan by the British Council, much to the astonishment of my family.

Having achieved all this, I intend to enroll in a decent University in the US. I had love to major in Economics or a combination of Mathematics and Econ. I absolutely do not wish to pursue my undergraduate studies in Pakistan for the very same reasons I quit schooling. The issue is, I will need a substantial amount of aid. My father makes an income of about only $15k; this certainly qualifies me for aid, but I know that funds are scarce, making my chances of getting aid slim to none.

I recently learned that universities may look down on homeschooled applicants. This makes no sense to me. Considering how much discipline and persistence is required to teach your own self, universities should instead value homeschooling more – much more. Perhaps I’m biased, or perhaps this is not even the case, which is why I’m writing to you.

The crux of the problem is the requirement of letters of recommendation. All the need-blind universities in the US require at least 2. Since I have self-taught myself, I have none. Only my parents know the persistence with which I have worked throughout the last 6 years. Obviously they can not write a letter of recommendation for me: that would be rather biased. What do you think I should do?

I met Prof Cowen yesterday while he was in Karachi. Upon listening to my questions, he mentioned that I should talk to you. He told me you have homeschooled your own children, which came as a shock to me because we Pakistanis consider US schools the epitome of education. Having listened to many podcasts you have been on, and having read many of your posts on Econlib, I do realize that education in the US is not perfect either. Nonetheless, it is far better than in Pakistan. And if I intend to improve my own nation someday, I believe I will ultimately need a decent education.

To recap, I have two questions. First, is there a bias against homeschooled students, and if so, then how much? Second, what should I do about the letters of recommendation?

Thank you for taking the time to read through all this Sir. I look forward to hearing from you.

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War Crimes Pardons: A Terrible Memorial Day Idea

On May 16, 2008, near the town of Baiji in Iraq, 1st Lieutenant Michael Behenna, US Army, murdered a prisoner.  That was the verdict of the jury in his 2009 court martial, anyway. He was sentenced to 25 years in prison, but paroled in less than five. On May 6, 2019, US president Donald Trump pardoned Behenna.

As I write this, news reports indicate that Trump intends to celebrate Memorial Day by pardoning several other Americans convicted of (or accused of and not yet tried for) war crimes in Iraq and Afghanistan. That’s a horrible idea for several reasons.

One reason is that it’s morally repugnant to excuse the commission of crimes, especially violent crimes, for no other reason than that the criminal is a government employee.

A second reason is that it is detrimental to the good order and and discipline of the US armed forces to excuse violations of law by American soldiers, sailors, airmen, and Marines.

That phrasing is not random: “[D]isorders and neglects to the prejudice of good order and discipline in the armed forces” are themselves crimes under Article 134 of the Uniform Code of Military Justice. Yes, Trump has absolute power to pardon under the US Constitution, but this would be an abuse of that power that conflicts with his duties as commander in chief.

A third reason is that pardons of this type essentially beg other governments to take matters into their own hands where allegations of war crimes by US military personnel arise.

Among the US government’s excuses for refusing to join the International Criminal Court, and for forcing agreements by other governments to exempt American troops from prosecution under their own laws, is that the United States cleans up after itself and holds its troops to at least as high a standard as would those other governments. These pardons would give lie to that claim and expose US troops to greater risk of future arrest and prosecution abroad.

Don’t just take my word for these claims. Here’s General Charles Krulak, former Commandant of the US Marine Corps:

“If President Trump issues indiscriminate pardons of individuals accused — or convicted by their fellow servicemembers — of war crimes, he relinquishes the United States’ moral high ground and undermines the good order and discipline critical to winning on the battlefield.”

And here’s General Martin Dempsey, former Chairman of the Joint Chiefs of Staff:

“Absent evidence of innocence or injustice the wholesale pardon of US servicemembers accused of war crimes signals our troops and allies that we don’t take the Law of Armed Conflict seriously. Bad message. Bad precedent. Abdication of moral responsibility. Risk to us.”

After World War Two, the US and other governments which participated in victorious alliance versus the Third Reich and the Empire of Japan tried and punished — up to and including execution — German and Japanese soldiers accused of war crimes and the political leaders who ordered, encouraged, or excused those crimes.

If the US doesn’t hold itself to at least as high a standard, eventually someone else will.

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Preparing for the Brush Fire

The best stuff comes from unexpected bursts of inspiration. Lightning strikes.

But what separates all the bursts that fizzle into those that set the world ablaze? The conditions of the environment when the lightning strikes.

You’ve got to create the conditions for a brush fire. You’ve got to ready the tinder and kindling and forests. This is boring, tedious, inglorious, and doesn’t have much to show unless and until the lightning strikes. It’s the daily discipline, but without it, the lightning strike breaks a tree or two and no one remembers. But with daily discipline, the lucky strike leads to an inferno that forever alters the landscape of the world. In fact, if conditions are good enough, lighting may not be needed at all. A few good days intense sunshine could do the trick.

This belabored metaphor is all to say that creativity requires inspiration. But inspiration without discipline is useless, even destructive.

Get to work. Don’t worry about inspiration. Control the conditions.

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Modern Civilization: Impressive, but Not Great

Modern civilization is uniquely capable of rebuilding great cathedrals, but it is uniquely incapable of building great cathedrals. It is capable of spectacular recreation, but it is spectacularly incapable of creation. It commands unprecedented resources, but it often uses them in an unprecedentedly unresourceful manner. It is remarkably long on qualitative potential, but remarkably short on qualitative achievement.

In other words, it is an all-purpose tool without a purpose: an embodiment not so much of a tragically necessary tradeoff, but of a tragically wasted opportunity. Thus, what it needs is not will, but discipline, not progress, but direction, not freedom from arbitrary discrimination, but freedom to prudent discrimination, and not unrestricted self-realization, but the unhampered pursuit of virtue.

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Reflections on The Sopranos

I just finished re-watching the entirety of The Sopranos, HBO’s classic Mafia drama. I saw it season-by-season when it originally aired (1999-2007), and I still hew to the allegedly philistine view that the ending was not only bad, but insulting. Overall, though the show’s reputation is well-deserved. Here are the top social science insights I take away. (minor spoilers)

1. Human motivation is overdetermined. For any important action, people usually have several plausible reasons, and pinpointing the marginal factor is nigh impossible. Thus, does Tony kill Ralph because he believes Ralph torched their racehorse? Because Ralph denied doing so? Because Tony had stolen Ralph’s girlfriend, and didn’t believe Ralph was OK with it? Or was it all because Tony never forgave Ralph for murdering his own pregnant girlfriend a season earlier?

2. Humans are unbelievably petty. By providing readers with an array of credible motives, the show leads us to think that small grievances at least occasionally cause massive reactions. When Paulie murders his mother’s elderly frenemy, for example, it seems hard to avoid the conclusion that he wouldn’t have done so if the frenemy hadn’t tried to wrongfully appropriate his mother’s dinner rolls. Similarly, Carmela doesn’t try to divorce Tony because he’s a serial adulterer or brutal criminal. She’s known both for years.  Instead, she tries to divorce him because Irina, Tony’s ex-girlfriend, calls Carmela’s home to tattle that Tony slept with Irina’s one-legged cousin.

3. Out of sight, out of mind. In The Sopranos, criminals and non-criminals routinely interact. The non-criminals would have to be fools not to realize that the criminals aren’t merely violent, but murderous. Still, as long as the non-criminals do not witness the violence with their own eyes, they barely care. Even when they discover details that would lead any reasonable person to conclude that the horrifying had happened, they look the other way. Thus, everyone except Adriana’s mother gets over her disappearance (murder, actually) with minimal cognitive dissonance. Never mind that her boyfriend was a junkie who repeatedly beat her; Adriana must have just decided out of the blue to leave New Jersey and never talk to her family or friends again.

4. A disciplined organized crime family can act with near-impunity. It’s easy to catch the typical murderer because the typical murderer murders someone he personally wants to murder. A crime family, however, can handily re-allocate its crimes so everyone lacks a personal motive for the crimes he personally commits. Criss cross! When Adriana tries to get Chrissy into witness protection, he doesn’t murder her. Instead, he tells Tony, who delegates the job to Silvio.

5. Organized crime families are not, in fact, disciplined. Criminals are overwhelmingly impulsive, macro males. So even though they have a great social technology for manufacturing ironclad alibis, they routinely fail to use it. Early in the series, Chrissy shoots a random baker in the foot in broad daylight. A great way to get caught… but Chrissy felt slighted, so he shot anyway. Ralphie beats his pregnant girlfriend to death in the Bing parking lot because she insulted his manhood.

6. Hedonic adaptation is mighty. The leading criminals on the show aren’t just filthy rich; they’re very popular with the ladies. Yet these criminals almost never count their blessings or stop to smell the flowers. Instead, they’re deeply bitter – and constantly on the edge of throwing temper tantrums. The wives of the leading criminals objectively have even less to complain about; they enjoy their husbands’ riches without ever facing the danger and brutality of acquiring those riches. Even so, the mob wives spend their days complaining and feeling sorry for themselves. Carmela, Tony’s wife, is the clearest case. Her main happy minutes come when she unwraps new jewels and furs. The rest of the time, she’s crinkling her nose with crankiness.

7. Rooting for the bad guy is easy… as long as he’s got charisma. If you neutrally described the typical Sopranos episode, almost anyone hypothetical juror would hand down centuries of jail time.  As you watch, however, righteous verdicts are far from your mind. Why? Because the criminals have amusing personalities. My family’s personal favorite is Paulie “Walnuts” Gaultieri; we can’t stop quoting this scene:

Paulie: As far as f***n’ bears are concerned, I say, get rid of them all. They had their turn, and now we got ours. That’s why dinosaurs don’t exist no more.

Dancer: Wasn’t it a meteor?

Paulie: They’re all meat eaters.

Chris: Meteor, me-te-or.

How can we feel such affection for a sadistic killer like Paulie?  Because he’s hilarious, and we’re in no danger.  Oh, and how he loves his mother!

8. Psychiatric language is largely a set of excuses and power-plays.  The Sopranos addresses anxiety, depression, ADHD, addiction, sociopathy, Borderline Personality Disorder, and much more.  Yet in virtually every case, it acknowledges that there is, to quote psychiatrists’ psychiatrist Elliot Kupferberg, a reasonable “pre-therapeutic” take on the same situation.  Yes, you can say that addicts are helpless victims of a “disease.”  But you can also say that addicts are people who willfully place their own self-destructive habits over family harmony.  Indeed, The Sopranos standardly insinuates that psychiatric language mostly boils down to Social Desirability BiasIf a character has ADHD, he’s sick and needs help; only a monster would growl, “Man up and work harder.”  But as the plot plays out, attentive viewers will notice that it’s the no-nonsense approach that fits the facts and improves behavior.  Even psychiatrist Dr. Melfi reverts to old-fashioned theories of personal responsibility when she exits her office; if you cross her, she’ll lash out no matter what psychiatric labels you carry.

The only clear-cut exception to this psychiatric skepticism is Uncle Junior’s dementia.  Even here, he starts out as a faker, feigning dementia to delay his trial.  By the end of the show, however, Junior’s run out of money – and can’t remember where he stashed his emergency funds.  Indeed, he barely knows who he is anymore.  The lesson: Dementia, unlike the other mental problems characters face, is a hard constraint rather than an exotic preference.

9. Despite ubiquitous ambiguity, right and wrong is fairly obvious if you calm down and detach yourself from your society. In season 3, a lone righteous character, psychiatrist Dr. Krakower, sees through a web of wrong-doing and lame excuses in a matter of minutes.  Carmela Soprano goes to Krakower for help, and he delivers The Moral Answers.  Highlights from one of the greatest scenes of all time:

Carmela: […] [Tony’s] a good man, a good father.

Krakower: You tell me he’s a depressed criminal. Prone to anger. Serially unfaithful. Is that your definition of a good man?

Carmela: I thought psychiatrists weren’t supposed to be judgmental.

Krakower: Many patients want to be excused for their current predicament. Because of events that occurred in their childhood. That’s what psychiatry has become in America. Visit any shopping mall or ethnic pride parade. Witness the results.

Carmela: What we say in here stays in here, right?

Krakower: By ethical code and by law.

Carmela: His crimes. They are, uh, organized crimes.

Krakower: The mafia.

Carmela: Oh so, so what? So what? He betrays me every week with these whores.

Krakower: Probably the least of his misdeeds.  You can leave now, or you can you stay and hear what I have to say.

Carmela: Well, you’re gonna charge the same anyway.

Krakower: I won’t take your money.

Carmela: That’s a new one.

Krakower: You must trust your initial impulse and consider leaving him. You’ll never be able to feel good about yourself. You’ll never be able to quell the feelings of guilt and shame that you talked about. As long as you’re his accomplice.

[…]

Carmela: So . . . You think I need to define my boundaries more clearly. Keep a certain distance. Not internalize my–

Krakower: What did I just say?

Carmela: Leave him.

Krakower: Take only the children, or what’s left of them, and go.

[…]

Carmela: I’d have to, uh, get a lawyer. Find an apartment. Arrange for child support.

Krakower: You’re not listening. I am not charging you because I won’t take blood money. And you can’t either. One thing you can never say, that you haven’t been told.

10. Dylan Matthews and Tyler Cowen notwithstanding, the Columbus Day episode was hilarious and wise.  The veneration of this murderous slaver isn’t just shameful; it exposes the shameful essence of identity politics of every description.  And what better vessels for these truisms than a gang of self-righteously aggrieved mafiosi?

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