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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Voltairine de Cleyre II

Nobody asked but …

I spent the whole week-end  being depressed after hearing (at Scribd.com) Voltairine de Cleyre‘s essay entitled, Sex Slavery.  One might say that VDC views this particular glass as neither half-empty nor half-full.  She may have felt that as long as there was one abuse, then that was (and still is) a tragedy.  But surely, no empathetic or logical reader doubts that there have been vastly more than one instance.

In any event,  Ms. de Cleyre’s essay caused me to re-examine myself, my life, and my principles.  I will not change my principles, but I will add new ones.  For as a voluntaryist, I bear responsibility for the ills that may befall my associates, and as a learning human being I have been too shallow perhaps in some aspects of my evolution.  I have the highest regard for women, but there have been times when my memetic self has been deceived by information that I should have suspected more.  I have had racist and sexist thoughts, promoted to me by ignorant and perhaps evil intentions.  I bear responsibility for not questioning these inputs more thoroughly.

In fact, I have never known personally an individual I could hate.  I have known too many who were terribly damaged beforehand, individuals who did not recover from abuse of a permanently damaging sort.  I have tried to apply the non-aggression principle to all.

— Kilgore Forelle

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America’s Sovereign States: The Obscure History of How 10 Independent States Joined the U.S.

It is often said that before the Civil War, the United States “are,” but after the War, the United States “is.” This is a reference to the formerly theoretically sovereign nature of each state as compared to “one nation, indivisible.”

More than just the theoretic sovereignty of the individual states, the territory now comprising the U.S. has a rich history of sovereign states outside the control of the federal government. Some of these you’ve almost certainly heard of, but a lot of them are quite obscure. Each points toward a potential American secession of the future.

Vermont Republic (January 15, 1777 – March 4, 1791)

Current Territory: The State of Vermont

The earliest sovereign state in North America after the Revolution was the Vermont Republic, also known as the Green Mountain Republic or the Republic of New Connecticut. The Republic was known by the United States as “the New Hampshire Grants” and was not recognized by the Continental Congress. The people of the Vermont Republic contacted the British government about union with Quebec, which was accepted on generous terms. They ultimately declined union with Quebec after the end of the Revolutionary War, during which they were involved in the Battle of Bennington, and the territory was accepted into the Union as the 14th state – the first after the original 13.

The country had its own postal system and coinage, known as Vermont coppers. These bore the inscription “Stella quarta decima,” meaning “the 14th star” in Latin. They were originally known as “New Connecticut” because Connecticut’s Continental representative also represented Vermont Republic’s interests at Congress. However, the name was changed to Vermont, meaning “Green Mountains” in French.

Their constitution was primarily concerned with securing independence from the State of New York. Indeed, the state was known as “the Reluctant Republic” because they wanted admission to the Union separate from New York, Connecticut and New Hampshire – not a republic fully independent of the new United States. The genesis of the issue lay with the Crown deciding that New Hampshire could not grant land in Vermont, declaring that it belonged to New York. New York maintained this position into the early years of the United States, putting Vermont in the position of trying to chart a course of independence between two major powers.

The Green Mountain Boys was the name of the militia defending the Republic against the United States, the British and Mohawk Indians. They later became the Green Mountain Continental Rangers, the official military of the Republic. The “Green Mountain Boys” is an informal name for the National Guard regiment from the state.

In 1791, the Republic was admitted to the Union as the 14th state, in part as a counterweight to the slave state Kentucky. The 1793 state constitution differs little from the constitution of the Republic. The gun laws of Vermont, including what is now known as “Constitutional Carry,” are in fact laws (or lack thereof) dating back to the days of the Green Mountain Republic. The constitution likewise included provisions outlawing adult slavery and enfranchising all adult men.

Kingdom of Hawaiʻi / Republic of Hawaii (May 1795 – August 12, 1898)

Current Territory: The State of Hawaii and the Johnston Atoll

Hawai’i as a sovereign state is almost as old as the United States itself. Its origins were in the conquest of the Hawai’ian island. Western advisors (and weaponry) played a role in the consolidation of several islands into a single kingdom under Kamehameha the Great, who conquered the islands over a period of 15 years. This marked the end of ancient Hawai’i and traditional Hawai’an government. Hawai’i was now a monarchy in the style of its European counterparts. It was also subject to the meddling of great powers France and Britain, in the same manner of smaller European states.

The Kingdom was overthrown on January 17, 1893, starting with a coup d’état against Queen Liliʻuokalani. The rebellion started on Oahu, was comprised entirely of non-Hawai’ians, and resulted in the Provisional Government of Hawaii. The goal was, in the manner of other states on our list, quick annexation by the United States. President Benjamin Harrison negotiated a treaty to this end, but anti-imperialist President Grover Cleveland withdrew from it. The failure of annexation led to the establishment of the Republic of Hawaii on July 4, 1894.

In 1895, the Wilcox rebellion, led by native Hawai’ian Robert William Wilcox, attempted to restore the Kingdom of Hawai’i. The rebellion was unsuccessful and the last queen, Liliuokalani, was put on trial for misprision of treason. While convicted, her prison term was nominal. She was sentenced to “hard labor,” but served it in her own bedroom and was eventually granted a passport to travel to the United States, which she used to extensively lobby against annexation.

When pro-imperialist President William McKinley won election in 1896, the writing was on the wall. The Spanish-American War began in April 1898, with the Republic of Hawaii declaring neutrality, but weighing in heavily on the side of the United States in practice. Both houses of Congress approved annexation on July 4, 1898, and William McKinley signed the bill on July 7th. The stars and stripes were raised over the island on August 12, 1898. And by April 30, 1900, it was incorporated as the Territory of Hawaii.

Continue reading America’s Sovereign States: The Obscure History of How 10 Independent States Joined the U.S. at Ammo.com.

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Learning New Things Challenges You

Usually, the more I learn about something the more I appreciate it.

There have been many times when a friend has introduced me to something I knew next to nothing about; something they were enthusiastic for, and before long I had gained a new appreciation. It doesn’t necessarily mean it becomes something I’m seriously interested in, but I can still appreciate it through new eyes.

Recently I was introduced to the history of the Three Stooges by a friend who runs the internet’s most in-depth Three Stooges fansite. I had never given them much thought, beyond watching them on cable TV as I got ready for school when I was a kid. But learning about them as real people with a real story gave me a new perspective and a whole new appreciation for them.

I’ve experienced similar things with karaoke, cats, and writing, with some of these things becoming important parts of my life.

Other times I have been introduced to something, and the more I learned about it the more I grew to dislike it; the less I’m willing to tolerate it.

Government — or more accurately, “the state” — for example.

In some cases, ignorance truly is bliss.

The more I learn about government’s origins and its true nature the less tolerance I have for it. I see no reason to pretend it is something other than a criminal mob trying to hide behind a veil of legitimacy and imaginary “consent of the governed.”

It doesn’t change what something is to make up cutesy names for it. Taxation is still theft, capital punishment is still ritual human sacrifice, “gun control” is still slavery, and police are still a street gang. Supporters can try to justify these things all day long, but nothing changes them into something other than what they really are. Their true nature remains the same.

If these are things you support, own it.

If you don’t support these things when done by freelance individuals but have been supporting them when done by government, perhaps it’s time you pick a side for the sake of consistency.

It’s possible to be consistently wrong, of course, but it’s not possible to be inconsistent and be right. If this matters to you, you know what you need to do.

The more you learn, the more you know. The more you know, the more responsibility you have and the more you are challenged. Which probably explains why so many people don’t want to learn anything new.

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Words Poorly Used #144 — Emolument

Arcane words, those wearing dated but courtly finery, are difficult to process, but especially so when they are pounded into the Constitution, like a round peg into a square hole.  These are odd interlopers of unfamiliar mien.

How many times does someone other than a “constitutional” lawyer run across words such as “emolument?”  And beyond that, how often does one understand the meaning.  Particularly since most purported definitions are smoke and mirrors in the hands of those who do not wish the unwashed masses well.  Even the words “militia” and “arms” are debated endlessly as our society desires gun control and is willing to destroy consistency, reliability, and content to get what they want.  Most are demanding slavery, and they will not be quiet until they get it, “good and hard,” as Mencken said.

But at least, the Second Amendment is in pretty run-of-the-mill language.  The problem is in the alacrity with which rentseekers will ignore the plain meanings of things.

But “emoluments,” for goodness’ sake, despite its regalia, is just another word for bribes or exploitation.  But because it has a fancy veneer all the partisans and their mouthpieces feel as though the word can have every meaning in the universe.  But clearly the state will out-interpret regular people at every turn.  How can you butcher the Second Amendment, if you can’t have a field day with “emoluments?”

“On which side of the shadow you stand decides a word’s meaning.”  Written by Steven Erickson.

— Kilgore Forelle

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Scott Adams is Still Wrong on Guns

The vilest anti-liberty bigots are those who pretend to be pro-liberty while misrepresenting liberty (or not even understanding what the word means). Anti-gun bigots who claim to be “pro-gun” are probably the worst subset of anti-liberty bigot.

Scott Adams is a case in point. He’s been advocating anti-gun “laws” a lot recently, seasoning his remarks with the phrase “I’m pro-gun“. It shows how deep his misunderstanding of the topic goes that he believes he’s making sense.

The following is a point-by-point analysis of a recent podcast where he was pretending to be pro-gun while promoting anti-gun bigotry and government-supremacy. He’s always blocking people for saying “You’re wrong” without providing reasons. Since he likes reasons so much, here are a bunch of them.

“The government should make the decisions about gun policy… The government and the people should decide what our gun laws are.”

Nope. That option has been taken off the table by the Second Amendment. And “our” gun laws? I’ve decided what mine are. No one else has any say. Collectivism is ugly.

“But we get to change the Constitution, too.”

Not without abolishing the United States of America. The Constitution and Bill of Rights were a package deal which created the feral, ummm, federal government, and without which it has no existence. Change one word of the Bill of Rights (which, being amendments, over-ride the body of the Constitution where applicable) and the deal is off. I’m actually OK with that. Are you?

“I did not say ‘take away your guns’.”

Only because you can’t be that honest. You’ve parroted the dishonest claim of almost every anti-gun bigot, that “no one is talking about taking away guns“. Maybe you aren’t proposing door-to-door gun confiscations, but if you believe government has the power to ignore the natural human right to own and to carry weapons, and the Second Amendment’s prohibition on “laws” concerning guns, then you’re advocating allowing “laws” to be written which could (and have) result in actual law enforcers taking away people’s guns, and murdering them if they resist.

“I’m very pro-gun (…) but…”

That’s what they all say. And maybe you believe it. But without a clear understanding of the issue you say things that make you look foolish and dishonest. That “but” leaves you a lot of wiggle room but completely invalidates your first statement there.

“If the citizens of the United States, collectively, with their government, decided to make some gun laws, that I personally, Scott, do not think are the greatest, I’d still be inclined to go along with it, because the system produced that output. And I would trust the system.”

As long as a system isn’t harming people I’ll trust it. Provisionally. But as soon as it starts violating people, I’m out. The slave trade was a system. No one should have trusted it because it violated natural human rights. “Gun control” is a system which violates people’s rights. In fact, government is a rights-violating system. None for me, thanks. I prefer my own system which protects everyone’s equal and identical rights.

“Some of you are saying ‘My Constitution gives me my Second Amendment rights, and the NRA is helping me defend them.’”

Anyone who believes their rights come from the Constitution/Second Amendment or any document is uninformed. The Bill of Rights was written to place natural human rights– including the right to own and to carry weapons– off-limits to government meddling. Even the NRA seems weak on their understanding of this point. That’s why real gun rights (human rights) advocates call the NRA “surrender monkeys”.

As I recently posted elsewhere in response to a similar claim: You seem to have been misinformed about what the Second Amendment to the U.S. Constitution does. It doesn’t give anyone the right to own and to carry weapons; it makes it a crime for government to interfere in this natural human right in the slightest way. “Gun control” is a SERIOUS crime.

The right existed before the Constitution was written— before the first government was a twinkle in the eye of a lazy thief, even— and it will still exist unchanged long after the last government is forgotten in the mists of Deep Time. No law or constitution can alter that right in the smallest degree.

“You love the Constitution. So do I.”

I don’t. And neither do you. If you did you would try to understand its purpose better; particularly the Bill of Rights– which is what you’re discussing here. The ONLY thing the Bill of Rights was written to do was to limit what government could “legally” do. If you miss that point your claim to love the Constitution is patently ridiculous. It’s like if I said I love dogs, but then talk about how beautiful and soft their feathers are.

“Do you know what else is in the Constitution? Well there’s something about a representative government and presidents and Congress and all that.”

Yep. And that makes placing natural human rights out of their reach that much more important. Because you never know what those people might decide to do. Or what the majority of v*ters might decide to do. Placing natural human rights outside the business of government is necessary if you’re going to allow government to exist.

“It gives the control of our decision making to our elected representatives.”

Not all of it. Some things were wisely taken off the table (by the Bill of Rights) before the game began. Including guns.

(About the NRA) “If it crosses that line into taking the job that the Constitution gives to the government…”

Again, the government can’t have the “job” to make up “laws” about guns. That is one of the things government is specifically and explicitly not permitted to do.

“The first thing I would note is that it’s already infringed.”

Agreed. That means all those various infringements are illegitimate and need to go away. It doesn’t justify more infringements. You couldn’t have justified expanding the slave trade with the observation that there was already a slave trade. The slave trade needed to be abolished. Gun “laws” need to be abolished… or ignored into irrelevance.

“Can you own a tank; a flamethrower?”

Ignorance? Yes, you can.

About “Second Amendment rights” [sic]: “98% of it’s gone and you didn’t even notice.”

Rights can’t “go away”. That the government– or other bad guys– violate rights doesn’t make them go away. It just violates them. Understand the difference.

And, I notice the violations. So do other people. Just because you don’t notice doesn’t mean others are that complacent and ignorant.

“Do you think that the Second Amendment, when it says ‘arms’, was just trying to limit it to muskets? I mean, that’s all they could imagine at the time…”

No. The Second Amendment was saying “You shall not pass!” with regard to making up “laws” to violate the natural human right to own and to carry weapons.

And they could “imagine” more than muskets because more than muskets already existed. Some of the authors of the Constitution were inventors. Does Scott really believe they couldn’t have imagined anything other than what already existed at the time? Of course, they could. That’s what inventors do. They knew how guns had evolved from massive unwieldy things requiring more than one person to set up and use to tools easily owned, carried, and accurately fired by one average individual. They were perfectly aware of how gun development could progress from its current state– they were already witnessing it.

And it doesn’t matter. They placed guns on a high shelf, out of reach of government “laws”.

“I see all the gun rights people bristling, but so far I haven’t said anything you disagree with.”

Seriously? See all the above if you actually believe you haven’t said anything an informed gun rights person would disagree with so far.

And, I didn’t bristle. I took it upon myself to educate and correct.

“… the key parts are ‘militia’ and ‘necessary to the security of a free state’… “

The militia is EVERYONE capable of using a weapon in defense– this was made clear by those who wrote and supported the Second Amendment. Using their weapons against whoever needed to be defended against. You display gross historical ignorance here.

Then you go off on a screed about “giving you the right to own guns...”, missing the purpose and intent of the Bill of Rights yet again. Government-supremacists seem to love this train of thought, which I derailed above.

Now, I happen to understand what a “state” is, so I also understand “free state” is internally contradictory. I’ll forgive you for your ignorance on this one.

“… a created right; a manufactured right…”

You can’t create or manufacture rights. Every human who has ever existed has/had equal and identical rights. Rights don’t come from governments. Governments can either respect rights or violate them. Those are the only two options. That governments– states– always choose to violate rights to some degree says nothing about the nature of rights and everything you need to know about the nature of government.

“Even the experts disagree about what the Constitution said or meant or how it should be interpreted.”

Only willfully. If you go back and read the related writings and discussions between those who were writing it, there is no confusion. “Smart people” often find ways to avoid understanding things which would invalidate what they want. That’s the most common thing in the world. It doesn’t give weight to your anti-gun position.

“My take is the government can do whatever it wants, with guns, as long as it makes sense. As long as the people are with it.”

It probably can. But it would be wrong and the US government would be immediately illegitimized by passing even one gun “law”. Oops. I guess that bridge has already been crossed and burned. But, again, this is the unethical government-supremacist position.

And “makes sense” to who? Everything makes sense to someone. Theft makes sense to people who want to justify stealing. Rape makes sense to rapists. Serial murderers always believe their acts somehow make sense. Violating your rights can’t make sense to me. No matter my feelings, or my wishes. If I feel your rights “need” to be violated on my behalf, then I need to man up and defend myself– by exercising my rights– from you. Begging government to do that on my behalf is a loser move.

“If 99% of the people said ‘Hey, government, take our guns away’…”

So, mob rule, then. The belief that rights hinge on the opinions of the majority. The wishes of all the people but one can’t excuse violating the rights of the one. Not if you call that violation “slavery” or if you call it “gun control”. If someone doesn’t want a gun in their house there is nothing to prevent them from getting rid of it. I’m completely in favor of allowing them to do so. If, however, they don’t want guns in their own home this gives them no right to force everyone else to get rid of their own guns, or else. Not by “law” or anything else.

This is the same loserthink behind rich people who say “Raise my taxes– I don’t mind. I want to support government more.” If they want to give the government more of their money, they can. No new “law” is necessary. Just do it. To wait until a “law” is imposed forcing others to do the same is evil.

“…a vague statement in the Constitution hundreds of years ago…”

It’s only vague if you try really hard to not understand it. “Shall not be infringed” can’t be more clear.

“We can do what we want as long as there’s a system we all respect.”

Too bad for you, then. Or, do you not really mean “all”, but just all government-supremacists and anti-liberty bigots? Because, as I’ve already pointed out, I don’t respect systems which violate natural human rights.

“…’it’s in the Constitution!’ True, but does it matter?”

Only if you want to keep your government. If not, that’s OK with me. I don’t need your government and don’t feel like supporting it. I can’t afford it and don’t want or need it. So I’m not going to argue with you on that one. That’s just a case of you arguing against yourself.

“To all of you who thought you were disagreeing with me, and were wrong, I say: your opinion I care about… If you disagree with me on guns, I care about your opinion. I might disagree, but I want to hear it… You and I are on the same page.”

OK. I’ll send this blog post to you, then. I hope other people also forward it to you (@ScottAdamsSays) any time you talk about guns.

But, no, we are not on the same page. Not even close.

I’ll close with one final admission on your part:

“I know one topic I don’t understand: any topic on gun control”

Yeah, that much is painfully obvious.

So, no Scott, I’m not interested in any system which makes it easier to violate the natural human rights of my fellow humans (or myself) and therefore makes it more likely those rights violations will occur. Just not interested at all. When you’re right, you’re right. But when you’re wrong, you’re probably advocating government-supremacy.

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