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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Stephan Kinsella: How to Think about Property (41m)

This episode features a talk by libertarian theorist and patent attorney Stephan Kinsella from 2019. He explores the roots and structure of property rights. Purchase books by Stephan Kinsella on Amazon here.

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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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The Gods Whose Sacrifices We Neglect

The old gods have a lot to teach us.

Sure, we all know that the Greek pantheon – Zeus, Hera, Aphrodite, Hades, Ares, Athena, Artemis, Demeter, Dionysus, and the rest – don’t *really* exist.

But there is a reason people chose these characters to personify their understanding of the world. As psychologist Jordan Peterson points out, each god (in all of his or her power and pettiness) represents some of the fundamental human drives or attributes – sex, intelligence, wrath, independence.

The old Greek pantheon is a sophisticated way for understanding the complex human mind, which is home to many powerful needs and drives that sometimes act like personalities.

Like the gods of legend, these “gods” of our personality don’t like people who spurn them. And it doesn’t take a long look into Greek mythology to know that the gods do awful things to people they don’t like. Afflictions of madness, afflictions of lust, transformation into animals – it’s not pretty.

Aren’t fighting for your rights, your ideas, or your self-respect? You are neglecting Ares (the god of war) and he will exact his sacrifice someway. Usually this will look like a gradual building resentment, with an explosion of anger toward someone who doesn’t deserve it at a time it’s not called for.

Aren’t honoring or expressing your own sexuality? You may be offending Aphrodite (who brought about the downfall of Heracles – so not someone to be messed with). She’ll have her due, in uncontrolled, warped, or frustrated desire.

Aren’t preserving your independence and purity? Giving in to the crowd? Surrendering what makes you unique? In a sense you are offending the virgin goddess Artemis, who is perhaps the scariest of them all (she’ll turn you into a stag and have your own hounds kill you).

It’s all imagination, I know. But I still find it interesting to think of my own drives or needs as personalities. With personalities, at least we can bargain. We can make the sacrifices that all good Greeks knew to make. And we can remember that neglecting any of the gods has terrible consequences.

Originally published at JamesWalpole.com.

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John Holt: The Right to Control One’s Learning (14m)

This episode features an audio essay written by education reformer John Holt in 1974, which comprises Chapter 19 of Everything Voluntary: From Politics to Parenting, edited by Skyler J. Collins and published in 2012. He talks about the rights and prerogative of children to control their own education. Purchase books by John Holt on Amazon here.

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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.

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

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