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Posted on 02/27/2023 9:33:00 AM PST by SJackson
Edited on 02/27/2023 9:53:28 AM PST by Admin Moderator. [history]
Historical, racist gun laws are taking on new relevance in legal battles over modern-day gun regulations, following a Supreme Court ruling that expanded the right to bear arms.
In the 1700s and 1800s, states across the country passed laws to keep guns out of the hands of slaves, free Black people, Native Americans and Catholics. Such discriminatory gun restrictions would be unconstitutional today, but they have entered the gun-rights debate as judges look to apply the Supreme Court’s decision last June that said gun restrictions must be anchored in historical traditions.
(Excerpt) Read more at wsj.com ...
IMO using clearly unconstitutional today to advocate unconstitutional restrictions on other groups is bizarre.
ping
The truth is most of the early gun laws were ALL about keeping slaves or those who were of the class from having guns.
There were reasons behind much of that. Meanness isn’t one.
The right to infringe shall not be limited. /s
And, it was the DEMOCRATS doing it!
Awesome...
the more public airing these laws get the better.
So, when the David Hoggs and Shanon Watts of the world potificate about the glory of disarming people. the racist roots will really start to show.
This is merely a consequence of the 14th amendment. Prior to the 14th the bill of rights did not apply to the states. Thus there were many state laws that did not comply with the bill of rights. As the federal amendments were incorporated into the 14th various state laws were struck down as unconstitutional. That would have to be the same with these old gun laws as the 2nd amen which has clearly been incorporated into the 14th.
I am of the opinion that “ the Supreme Court’s expansion of gun rights.” is more properly stated as the the Supreme Court’s restriction on unconstitutional gun control laws.
Those laws were advocated by Democrats and resulted in the foundation of the NRA to protect the firearm rights of ALL PEOPLE.
Well... Sort of. Courts were being used, even back then, to circumvent the BoR. Rather than fix that, they came up with the 14th. To get around that, they came up with the idiotic idea of “incorporation”.
Amendments, by DEFAULT, are passed by the State legislatures. This is all the “incorporation” any Amendment should ever need.
Unless... you wanna pull an end run around it. Which, Democrats have been doing since a year or so after TJ was dead.
Yes. SCOTUS has not expanded gun rights, they have restored gun rights, at least partially.
What the SCOTUS thought about gun control in the pre Civil War era.
“It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished;
and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs,
and to KEEP AND CARRY ARMS wherever they went.”
Paragraph 77 in the link below. Then followed by 300 paragraphs to prove blacks were not citizens of the US.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0060_0393_ZO.html
...you beat me to the punch (er, keyboare...) the National Rifle Association, founded in 1871, and of which I am a proud member, was one of the very first civil rights organization; it worked very hard to ensure that free blacks, former slaves, and those who were denied the right to keep and bear arms, were indeed allowed to observe their God-given right to protect themselves by being armed...even today the NRA is vilified by the ignorant, un-knowing left.....
It isn't according to their reasoning: they are saying these laws would be unconstitutional today only because they discriminate on the basis of race or religion.
In other words, if we extend these restrictions to everyone, they magically become constitutional.
Actually according to our latest Supreme Court AA member, the states could ban whites from owning firearms because the post-Civil War incorporation doctrine and due process requirements apply only to minorities.
This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.
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More 2nd Amendment related articles on FR's Bang List.
I have not read the referenced article because of subscription wall.
I reviewed New York State Rifle & Pistol Assn., INC. v. BRUEN and appropriately found several references to the 14th Amendment.
If there are no mentions of 14A in referenced article, then I question the author's insight about historical gun laws.
Exactly. The original gun control laws were implemented in the South by white racist Democrats to keep them out of the hands of blacks so that the Dems could impose Jim Crow and terrorize blacks without risk of them fighting back. The Dem playbook remains the same. Only the color of their targets changed.
They should just cut to the chase and admit that they think slavery is A-OK as long as people are enslaved without regard to race, color, sex, or national origin.
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