May 23rd, 2006 12:58 PM
Volunteers needed for timeline.
I've made a good start, but need volunteers to review the timeline below for errors and additions. I would ask that you would post changes and additions needed to this timeline for the following items:
1. court opinions
2. crime statistics
3. laws passed/effected
4. bureaucratic opinions released/policies enacted
5. errors of fact
6. other relevant information
Gun Control Timeline - United States of America
The Assize of Arms is instituted under King Henry II, provides for English subjects to be armed.
The English Bill of Rights strengthens the Assize of Arms and the arming of subjects.
The Bill of Rights, including the Second Amendment -- "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.” is ratified.
Georgia passes a law banning handguns. The law is ruled unconstitutional.
Civil War begins
Florida’s Slave and free black homes searched for guns for confiscation. Act of Dec. 17, 1861, ch. 1291, Sec. 11, Fla. Laws 38, 40 provided once again that white citizen patrols might search the homes of blacks, both free and slave, and confiscate arms held therein.
Emancipation Proclamation -- President Lincoln issued proclamation "freeing all slaves in areas still in rebellion."
Civil War ends.
In a reaction to emancipation, several southern states adopt "black codes" or “Jim Crow laws” which, among other things, forbid black persons from possessing firearms. See following examples:
Mississippi: Blacks require police approval to own guns, unless in military. Mississippi Statute of 1865 prohibited blacks, not in the military "and not licensed so to do by the board of police of his or her county" from keeping or carrying "fire-arms of any kind, or any ammunition, dirk or bowie knife." [reprinted in 1 Documentary History of Reconstruction: Political, Military, Social, Religious, Educational and Industrial, 1865 to the Present Time, p. 291, (Walter L. Fleming, ed., 1960.)] (GLJ, p. 344)
Louisiana: Blacks require police and employer approval to own guns, unless serving in military. Louisiana Statute of 1865 prohibited blacks, not in the military service, from "carrying fire-arms, or any kind of weapons...without the special permission of his employers, approved and indorsed by the nearest and most convenient chief of
patrol." (Fleming, p. 280)(GLJ, p. 344)
Slavery abolished as of Dec. 18, 1865. 13th Amendment abolishing slavery was ratified. Reads: "Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or in any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation."
Alabama: Race-based total gun ban. Black Code of Alabama in January 1866 prohibited blacks to own or carry firearms or other deadly weapons and prohibited "any person to sell, give, or lend fire-arms or ammunition of any description whatever" to any black. [The Reconstruction Amendments' Debates, p. 209, (Alfred Avins ed., 1967)] (GLJ, p. 345)
North Carolina Rights of blacks can be changed by legislature. North Carolina Black Code, ch. 40, 1866 N.C. Sess. Laws 99 stated "All persons of color who are now inhabitants of this state shall be entitled to the same privileges, and are subject to the same burdens and disabilities, as by the laws of the state were conferred on, or were attached to, free persons of color, prior to the ordinance of emancipation, except as the same may be changed by law." (Avins, p. 291.) (GLJ, p. 344)
Civil Rights Act of 1866 enacted. CRA of 1866 did away with badges of slavery embodied in the "Black Codes," including those provisions which "prohibit any negro or mulatto from having fire-arms." [CONG. GLOBE, 39th Congress, 1st Session, pt. 1, 474 (29 Jan. 1866)] Senator William Saulsbury (D- Del) added "In my State
for many years...there has existed a law...which declares that free negroes shall not have the possession of firearms or ammunition. This bill proposes to take away from the States this police power..." and thus voted against the bill. CRA of 1866 was a precursor to today's 42 USC Sec.1982, a portion of which still reads: "All citizens of the
United States shall have the same right, in every state and territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property."
Proposed 14th Amendment to U.S. Constitution debated. Opponents of the 14th Amendment objected to its adoption because they opposed federal enforcement of the freedoms in the bill of rights. Sen. Thomas A. Hendricks (D-Ind.) said "if this amendment be adopted we will then carry the title [of citizenship] and enjoy its advantages in common with the negroes, the coolies, and the Indians." [CONG. GLOBE, 39th Congress, 1st Session, pt. 3, 2939 (4 June 1866)]. Sen. Reverdy Johnson, counsel for the slave owner in Dred Scott, opposed the amendment because "it is quite objectionable to provide that 'no State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States'." Thus, the 14th Amendment was viewed as necessary to buttress the Civil Rights Act of 1866, especially since the act "is pronounced void by the jurists and courts of the South," e.g. Florida has as "a misdemeanor for colored men to carry weapons...and the punishment...is whipping..." [CONG GLOBE, 39th Con., 1st Session, 504, pt. 4, 3210 (16 June 1866)].
Ku Klux Klan formed. Purpose was to terrorize blacks that voted; temporarily disbanded in 1871; reestablished in 1915. In debating what would become 42 USC Sec. 1983, today's federal civil rights statute, Representative Butler explained "This provision seemed to your committee to be necessary, because they had observed that, before these midnight marauders [the KKK] made attacks upon peaceful citizens, there were very many instances in the South where the sheriff of the county had preceded them and taken away the arms of their victims. This was especially noticeable in Union County, where all the negro population were disarmed by the sheriff only a few months ago under the order of the judge...; and then, the sheriff having disarmed the citizens, the five hundred masked men rode at nights and murdered and otherwise maltreated the ten persons who were in jail in that county." [1464 H.R. REP. No. 37, 41st Cong., 3rd Sess. p. 7-8 (20 Feb. 1871)]
The Special Report of the Anti-Slavery Conference of 1867. Report noted with particular emphasis that under the Black Codes, blacks were "forbidden to own or bear firearms, and thus were rendered defenseless against assaults." (Reprinted in H. Hyman, The Radical Republicans and Reconstruction, p. 219, 1967.) (GMU CR LJ, p. 71)
14th Amendment to the U.S. Constitution adopted, conveying citizenship to blacks. Reads, in part: “Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any Persons within its jurisdiction the equal protection of the laws. "Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
Tennessee: First "Saturday Night Special" economic handgun ban passed. In the first legislative session in which they gained control, white supremacists passed "An Act to Preserve the Peace and Prevent Homicide," which banned the sale of all handguns except the expensive "Army and Navy model handgun" which whites already owned or could afford to buy, and blacks could not. ("Gun Control: White Man's Law," William R. Tonso, Reason,
December 1985) Upheld in Andrews v. State, 50 Tenn. (3 Heisk.) 165, 172 (1871) (GMU CR LJ, p. 74) "The cheap revolvers of the late 19th and early 20th centuries were referred to as 'Suicide Specials,' the 'Saturday Night Special' label not becoming widespread until reformers and politicians took up the gun control cause during the 1960s. The source of this recent concern about cheap revolvers, as their new label suggest, has much in common with the concerns of the gun-law initiators of the post-Civil War South. As B. Bruce-Briggs has written in the Public Interest, `It is difficult to escape the conclusion that the 'Saturday Night Special' is emphasized because it is cheap and being sold to a particular class of people. The name is sufficient evidence -- the reference is to 'niggertown Saturday night.' (Gun Control: White Man’s Law," William R. Tonso, Reason, December 1985)
The National Rifle Association (NRA) is organized around its primary goal of improving American civilians' marksmanship in preparation for war.
Anti-KKK Bill debated in response to race-motivated violence in South. A report on violence in the South resulted in an anti-KKK bill that stated "That whoever shall, without due process of law, by violence, intimidation, or threats, take away or deprive any citizen of the United States of any arms or weapons he may have in his house or possession for the defense of his person, family, or property, shall be deemed guilty of a larceny thereof, and be punished as provided in this act for a felony." [1464 H.R. REP. No. 37, 41st Cong., 3rd Sess. p. 7-8 (20 Feb. 1871)]. Since Congress doesn't have jurisdiction over simple larceny, the language was removed from the anti-KKK bill, but this section survives today as 42 USC Sec. 1983: "That any person who, under color of any law,...of any State, shall subject, or cause to be subjected, any person... to the deprivation of any rights, privileges, or immunities to which...he is entitled under the Constitution...shall be liable...in any action at law...for redress...".
High Court rules has no power to stop KKK members from disarming blacks. In United States v. Cruikshank, 92 U.S. at 548-59 (1875) A member of the KKK, Cruikshank had been charged with violating the rights of two black men to peaceably assemble and to bear arms. The U.S. Supreme Court held that the federal government had no power to protect citizens against private action (not committed by federal or state government authorities) that deprived them of their constitutional rights under the 14th Amendment. The Court held that for protection against private criminal action, individuals are required to look to state governments. "The doctrine in Cruikshank, that blacks would have to look to state government for protection against criminal conspiracies gave the green light to private forces, often with the assistance of state and local governments, that sought to subjugate the former slaves and their descendants... With the protective arm of the federal government withdrawn, protection of black lives and property was left to largely hostile state governments." (GLJ, p. 348.)
Tennessee: Second "Saturday Night Special" economic handgun ban passed. Tennessee revamped its economic handgun ban nine years later, passing "An Act to Prevent the Sale of Pistols," which was upheld in State v. Burgoyne, 75 Tenn. 173, 174 (1881). (GMU CR LJ, p. 74)
Arkansas: Third "Saturday Night Special" economic handgun ban passed. Arkansas followed Tennessee's lead by enacting a virtually identical "Saturday Night Special" law banning the sale of any pistols other than expensive "Army or Navy" model revolvers, which most whites had or could, afford, thereby disarming blacks. Statute
upheld in Dabbs v. State, 39 Ark. 353 (1882) (GMU GR LJ, p. 74)
Presser v. Illinois, 116 U.S. 252. Supreme Court opinion that the states cannot keep the people from keeping and bearing arms.
Alabama: First all-gun economic ban passed. Alabama placed “'extremely heavy business and/or transactional taxes'" on the sale of handguns in an attempt "to put handguns out of the reach of blacks and poor whites." ("Gun Control: White Man's Law," William R. Tonso, Reason, December 1985)
South Carolina: First total civilian handgun ban. The state banned all pistol sales except to sheriffs and their special deputies, which included the KKK and company strongmen. (Kates, "Toward a History of Handgun Prohibition in the United States" in Restricting Handguns: The Liberal Skeptics speak Out, p. 15,1979.) (GMU CR LJ, p. 76)
Mississippi: Race-based confiscation through record keeping. Mississippi enacted the first registration law for retailers in 1906, requiring them to maintain records of all pistol and pistol ammunition sales, and to make
such records available for inspection on demand. (Kates, p. 14) (GMU CR LJ, p. 75)
Texas: Fourth "Saturday Night Special" economic handgun ban. Placed "'extremely heavy business and/or transactional taxes'" on the sale of handguns in an attempt "to put handguns out of the reach of blacks and poor whites." ("Gun Control: White Man's Law," William R. Tonso, Reason, December 1985)
NYC’s controversial Sullivan act becomes law during a time that the city’s murder by gun rises by 50%, including the shooting death of Mayor W.J. Gaynor. The act is seen as a method to keep firearms from new, unpopular immigrants, especially Italians ("Gun Control: White Man's Law," William R. Tonso, Reason, December 1985). Suicide by gun goes down by 40%, but murder by shooting, as well as other means, continue to rise. "(T)here are only about 3,000 permits in New York City, and 25,000 carry permits. Among those who have been able to wrangle a precious carry permit out of the city's bureaucracy are Donald Trump, Arthur Ochs Sulzburger, William Buckley, Jr., and David, John, Lawrence and Winthrop Rockefeller." (Terrance Moran, "Racism and the Firearms Firestorm," Legal Times).
Congress enacts a qualified law banning the mailing of handguns.
The National Firearms Act of 1934 regulating fully automatic firearms and as amended, sound suppressors, becomes law.
The Federal Firearms act of 1938 places the first limitations on selling ordinary firearms. Persons selling guns are required to obtain a Federal Firearms License, at an annual cost of $1, and to maintain records of the name and address of persons to whom firearms are sold. Gun sales to persons convicted of violent felonies were prohibited.
Florida: Justice Buford issues a concurring opinion of Florida 1893 law "was passed when there was a great influx of Negro laborers in this State.... The same condition existed when the Act was amended in 1901 and the Act was passed for the purpose of disarming the Negro laborers.... The statute was never intended to be applied to the white population and in practice has never been so applied...". Watson v. Stone, 148 Fla. 516, 524, 4 So.2d 700, 703 (1941) (GMU CR LJ, p. 69)
The United States enters World War II.
Battle of Athens, Tennessee. Citizens are forced to use firearms to restore lawful government against corrupt public officials and public employees.
D. D. Eisenhower is inaugurated the 34th President of the United States.
Brown v. Board of Education. U.S. Supreme Court reverses Plessy v. Ferguson, renders opinion that “separate but equal” is inheritantly unequal and violates the fourteenth Amendment.
President J.F. Kennedy is inaugurated the 35th President of the United States.
President J. F. Kennedy is assassinated. Vice President L.B. Johnson becomes the 36th President of the United States.
Griswold v. Connecticut, 381 U.S. 479 (1965) Supreme Court opinion of an individual, unenumerated, right to firearms likely is protected by the Ninth Amendment's protection of pre-existing rights.
California’s Mulford Act, signed into law by then Governor Ronald Reagan, prohibiting the carrying of firearms on one's person or in a vehicle, in any public place or on any public street." The law was aimed at curtailing the Black Panthers' practice of openly toting M1 Carbines just about everywhere they went, but the measure affected all gun owners.
The Gun Control Act of 1968 is enacted in the wake of the gun deaths of Robert Kennedy and Martin Luther King, Jr. The Act regulates imported guns, expands the gun-dealer licensing and record keeping requirements, and places specific limitations on the sale of handguns. The list of persons banned from buying guns is expanded to include persons convicted of any non-business-related felony, persons found to be mentally incompetent, and users of illegal drugs. The language of this law mimics almost word for word the German gun control laws under Nazi regime. Avowed anti-gun journalist Robert Sherrill frankly admitted that the Gun Control Act of 1968 was "passed not to control guns but to control Blacks." [R. Sherrill, The Saturday Night Special, p. 280 (1972).] (GMU CR LJ, p. 80) "The Gun Control Act of 1968 was passed not to control guns but to control blacks, and inasmuch as a majority of Congress did not want to do the former but were ashamed to show that their goal was the latter, the result was they did neither. The original 1968 Act was passed to control handguns after the Rev. Martin Luther King, Jr., had been assassinated with a rifle. Then it was repealed and repassed to include the control of rifles and shotguns after the assassination of Robert F. Kennedy with a handgun.
R.M. Nixon is inaugurated as the 37th President of the United States.
The Bureau of Alcohol Tobacco and Firearms is officially created from within the Internal Revenue Service, as a separate agency within the Department of Treasury, listing as part of its mission the control of illegal use and sale of firearms and the enforcement of Federal firearm laws. ATF issues firearms licenses and conducts firearm licensee qualification and compliance inspections.
President R.M. Nixon resigns the Presidency in disgrace. Vice President G.R. Ford becomes the 38th President of the United States.
J.E. Carter is inaugurated as the 39th President of the United States.
The District of Columbia enacts an anti-handgun law that also requires registration of all rifles and shotguns within the District of Columbia.
R.W. Reagan is inaugurated as the 40th President of the United States.
Bowers v. DeVito, U.S. Court of Appeals, Seventh Circuit, 686F.2d 616. Opinion that the people have neither expectation, nor the government has an obligation to provide public safety protections.
U.S Senate Report, “The Right to Keep and Bear Arms” is released.
The Armed Career Criminal Act (Public Law 99-570) increases penalties for possession of firearms by persons not qualified to own them under the Gun Control Act of 1986.
The Firearms Owners Protection Act (Public Law 99-308) relaxes some restrictions on gun and ammunition sales, transportation of firearms, establishes mandatory penalties for use of firearms during the commission of a crime and prohibits civilian possession of newly manufactured, fully automatic firearms.
The Law Enforcement Officers Protection Act (Public Law 99-408) bans possession of "cop killer" bullets capable of penetrating bulletproof clothing.
The State of Florida enacts a “shall issue” CCW law. Critics wrongly predict “Blood in the streets”.
The states of Washington, North Dakota, South Dakota, Indiana, Alabama, Maine, Connecticut and New Hamphire already allow citizens fair issuance of CCW. Vermont allows all citizens allowed by law to possess firearms to carry within the state.
Maryland: Fifth "Saturday Night Special" economic handgun ban passes. Ban on "Saturday Night Specials," i.e. inexpensive handguns, passes.
Illinois: Starting in late 1988, the Chicago Housing Authority (CHA) and the Chicago Police Dept. (CPD) enacted and enforced an official policy, Operation Clean Sweep, which applied to all housing units owned and operated by the CHA. The purpose was the confiscation of firearms and illegal narcotics and consisted of warrantless searches and of a visitor exclusion policy severely limiting the right of CHA tenants to associate in their residences with family members and other guests, tenants had to sign in and out of the building, producing to the police or CHA officials photo Id. Relatives, including children and grandchildren, were not allowed to stay over, even on holidays. CHA tenants who objected or attempted to interfere with these warrantless searches were arrested. The ACLU filed a lawsuit seeking declaratory and injunctive relief on behalf of the CHA tenants against the enforcement of Operation Clean Sweep. The complaint was filed in the United Sates District Court for the Northern District of Illinois, Eastern Division, on Dec. 16, 1988, as Case No. 88C10566 and is styled as Rose Summeries, et al. v. Chicago Housing Authority, et al. A consent decree was entered on Nov. 30, 1989 in which the CHA and CPD agreed to abide by certain standards and in which the scope and purposes of such "emergency housing inspections" were limited. (GMU, p. 98)
G.H.W. Bush is inaugurated as the 41st President of the United States
Oregon, Georgia, West Virginia and Pennsylvania enact “shall issue” CCW laws.
California bans the possession of semiautomatic weapons following the massacre of five children on a Stockton, CA school playground.
The Crime Control Act of 1990 (Public Law 101-647) bans manufacturing and importing specific semiautomatic weapons in the U.S. "Gun-free school zones" are established carrying specific penalties for violations.
Idaho and Mississippi enact “shall issue” CCW laws.
Virginia: U.S. District Court for the Eastern District of Virginia upheld a ban imposed by the Richmond Housing Authority on the possession of all firearms, whether operable or not, in public housing projects. The Richmond Tenants Organization had challenged the ban, arguing that such requirement had made the city's 14,000 public housing residents second-class citizens. [Richmond Tenants Org. v. Richmond Dev. & Hous. Auth., No. C.A. 3:90CV00576 (E.D.Va. Dec. 3, 1990).] (GMU,p. 97)
Federal assault on the Weaver family cabin at “Ruby Ridge”, Idaho.
W.J. Clinton is inaugurated as the 42nd President of the United States.
Montana enacts “shall issue” CCW laws.
Federal LE assault on Mt. Carmel Center church; Waco, TX with subsequent stand off / mass deaths related to fire.
The Brady Handgun Violence Prevention Act (Public Law 103-159) imposes a five-day waiting period or utilization of an instant background check on the purchase of a firearm.
The Clinton Administration introduced H.R. 3838 in 1994 to ban guns in federal public housing, but the House Banking Committee rejected it. Similar legislation was filed in 1994 in the Oregon and Washington state legislatures.
The Violent Crime Control and Law Enforcement Act of 1994 (AKA) “Assault weapons ban” (Public Law 103-322) bans all manufacture and importation of a number of specific number of combined cosmetic features of semiautomatic weapons.
Arizona, Wyoming, Tennessee and Alaska enact “shall issue” CCW laws.
Texas, Nevada, Utah, Arkansas, North Carolina, Virginia and Oklahoma enact “shall issue” CCW laws.
Maine: Portland, ME, gun ban in public housing struck down on April 5, 1995.
Louisiana, Kentucky and South Carolina enact “shall issue” CCW laws.
The Supreme Court, in the case of Printz v. United States, declares the background check requirement of the Brady Handgun Violence Prevention Act unconstitutional.
The Florida Supreme Court upholds a jury's $11.5 million verdict against Kmart for selling a gun to and intoxicated man who used the gun to shoot his estranged girlfriend.
Major American gun manufacturers voluntarily agree to include child safety trigger devices on all new handguns.
A Justice Department report indicates the blocking of some 69,000 handgun sales during 1997 while Brady Bill pre-sale background checks were required.
An amendment requiring a trigger lock mechanism to be included with every handgun sold in the U.S. is defeated in the Senate. But, the Senate approves an amendment requiring gun dealers to have trigger locks available for sale and creating federal grants for gun safety and education programs.
New Orleans, LA becomes the first US city to file suit against gun makers, firearms trade associations, and gun dealers. The city's suit seeks recovery of costs attributed to gun-related violence.
Chicago, IL files a $433 million suit against local gun dealers and makers alleging that oversupplying local markets provided guns to criminals.
A negligence suit against gun maker Beretta brought by the family of a 14-year old boy killed by an other boy with a Beretta handgun is dismissed by a California jury.
Permanent provisions of the Brady Act go into effect. Gun dealers are required to initiate a pre-sale criminal background check of all gun buyers through the newly created National Instant Criminal Background Check (NICS) computer system in lieu of a waiting period.
The NRA files suit in federal court attempting to block the FBI's collection of information on firearm buyers.
President Clinton announces that the instant background check system had prevented 400,000 illegal gun purchases. The claim is claimed misleading by the NRA.
Civil suits against gun makers seeking to recover costs of gun-related violence are filed in Bridgeport, Connecticut and Miami-Dade County, Florida.
Columbine High School, Colorado: Two teenage male students murder 13 people with firearms and homemade bombs within the high school and commit suicide to prevent their own capture.
By a 51-50 vote, with the tie-breaker vote cast by Vice President Gore, the Senate passes a bill requiring trigger locks on all newly manufactured handguns and extending waiting period and background check requirements to sales of firearms at gun shows.
The Los Angeles County, CA Board of Supervisors votes 3 - 2 to ban the The Great Western Gun Show, billed as the "world's largest gun show" from the Pomona, CA fairgrounds where the show had been held for the last 30 years.
Wakefield, MA: Man shoots and kills seven coworkers with AK-47, shotgun and semi automatic pistol.
G.W. Bush is inaugurated as the 43rd President of the United States.
U.S. v. Emerson, U.S. circuit court of appeals, Fifth circuit; renders opinion that the Second Amendment guarantees the individual right to keep and bear arms.
Michigan enacts “shall issue” CCW laws.
Passenger planes are used by terrorist to destroy the World Trade Towers and Pentagon. Passengers of United flight 93, learning of the other flights, attempt to regain control of the aircraft and crash into an empty field in Pennsylvania.
Sniper killings of ten people in the area surrounding Washington DC occur. Two are subsequently arrested and convicted for the shooting deaths.
New Mexico, Minnesota and Colorado enact “shall issue” CCW laws.
Alaska changes CCW laws to become unrestricted, but continues to “shall issue” CCWs as well.
The “Assault weapons ban” expires. Critics predict “blood in the streets” again. Criminal increases from the expiration of this act do not materialize.
Ohio enacts “shall issue” CCW laws.
President G.W. Bush signs the Law Enforcement Officer Safety Act (LEOSA) of 2005, authorizing qualified active and retired law enforcement officers to carry a concealed handgun across the nation and regardless of residency, into law.
Hurricane Katrina devastates the U.S. Gulf coast. The city of New Orleans orders law enforcement to confiscate all lawfully owned firearms within the city.
Florida enacts its castle doctrine and stand your ground legislation. Critics again predict “blood in the streets”.
Protection of Lawful Commerce in Arms Act is signed into law to provide protection to manufacturers, importers, retailers and other sellers of firearms from frivolous or baseless lawsuits.
A Federal District Court for Louisiana issues an order to the city of New Orleans to return the previously mentioned confiscated firearms.
Kansas and Nebraska pass "shall issue" CCW laws.
Florida amends its emergency powers acts to prohibit confiscation of firearms during emergencies.
Indiana changes its CCW law to offer lifetime licensure in addition to its current four-year license.
Arizona, Alabama, Indiana, Kentucky, Mississippi, South Dakota and Oklahoma codify castle doctrine laws.
Arizona preempts local regulation of firearm laws.
37 shall issue states
9 may issue states: New York (including NYC), California, Iowa, Massachusetts,
Rhode Island, Delaware, Maryland, New Jersey and Hawaii.
2 no issue states: Wisconsin and Illinois
2 unrestricted states: Alaska and Vermont
1 may issue district: Washington, D.C.
Last edited by Steelhorse; May 27th, 2006 at 06:20 AM.
May 23rd, 2006 06:41 PM
I'm wondering where you got this?
Originally Posted by Steelhorse
In the 1700's a gun (firelock, long arm) was a tool in most places, much like a hammer, knife, or plow. The type and number of firearms varied greatly depending more on need than "law". Many members of the militia after the French & Indian war (1755 - 1764) were allowed to keep their smoothbore (issued) weapons. Smooth bore weapons were common in the New England area, rifles were common from Pennsylvania south, and were mostly individually made.
Pistols were not that common, being pretty inaccurate, and for hunting purposes considered relatively worthless.
EOD - Initial success or total failure
May 23rd, 2006 06:58 PM
My first thought is - Apr 7 1999 Emerson vs US affirming individual right to bear arms
Edit: added questions.
How in depth do you want to go with this? Did you want to include birth years for famous gun designers (Stoner, Browning, Colt, Maxim)? What's the reasoning for the Presidential comments? Is there a specific purpose for this timeline? maybe this would help to know what information you are looking for.
Sorry 'bout so many questions, just curious.
The only thing that stops bad guys with guns is good guys with guns. SgtD
May 23rd, 2006 08:18 PM
You're right on the money with Emerson that upheld the individual right to carry. I'm looking for a on point history with impacts to RKBA for a research paper in ENG 2330.
I put in Presidents to merely give reference....they're not really necessary to the timeline, but do give an idea which acts passed into law under their respective watch.
May 23rd, 2006 08:48 PM
I got this information from one Wayne LaPierre's books and have cited that notation of biblio on another piece of work that I am currently working.
Originally Posted by rstickle
The explaination/analogy of firearms as tools, is on point with my research as well.
May 23rd, 2006 09:20 PM
Originally Posted by Steelhorse
I don't want to "start" anything, but I've been working with primary sources for the last 10 years dealing with the period from 1750 to about 1800, centering on what is now Western Pennsylvania, and have never seen anything that would lead me to a statement of "government control" of firearms during that period.
Unless Mr. LaPierre can come up with a primary source, I'd take his book with a grain of salt, and find more references than just him.
Having said that I have to admit I've never read any of his books, and rarely read his column in American Rifleman. I figure he has an agenda to support, and that is his job.
EOD - Initial success or total failure
May 23rd, 2006 10:55 PM
You didn't start anything. Here is my initial source. I verified the same with other sources in which I have included one below LaPierre's work.
Originally Posted by rstickle
The following confirmed and led me to find other sources to verify the LaPierre's above claim. Let me tell you that old books in the downtown public library are very dusty:
The Boston Massacre was the fuse that lit the powder keg of debate over the right of the people to be armed. Ironically enough, the colonists did in fact have the right to be armed under English common law. John Adams, then serving as a defense counsel for one of the British soldiers who participated in the shooting, acknowledged this in his opening argument:
Here, every private person is authorized to arm himself, and on the strength of this authority, I do not deny the inhabitants had a right to arm themselves at that time, for their defense, not for offense....(1)
With the courts of the time affirming the colonists' right to keep and bear arms, the British oppressors were placed between the proverbial "rock and a hard place." From that point on, quelling dissent would involve the denial of a basic right afforded all British citizens. (2)
Wayne Lapierre, Guns, Crime and Freedom, (Washington D.C.: Regnery, 1994), page 4
(1) Lyman H. Butterfield & Hilda B. Zobel, eds., Legal papers of John Adams, III
(Riverside, N.J.: Macmillian, 1965), page 248
The right to keep and bear arms in jurisdictions operating under English Common Law follows a precedent that predates the invention of firearms, originating contemporaneously with the jury trial and the emergence of the common law system, during the reign of Henry II, who promulgated the Assize of Arms in 1181, which required knights and freemen to keep arms and to bear them in service of the king.. England, The United Kingdom, the Colonies in North America (which became the United States), Canada, and Australia all received this Common Law inheritance and long maintained a right to keep and bear arms tradition originating from this common basis. Over time, this requirement developed in the common law as a presumption that every person has the right to liberty and security of person. This Common Law right was further strengthed in the English Bill of Rights of 1689 (also known as the English Declaration of Rights), at least for Protestants. Subsequent to this, over the last 80 years, in all these countries except the United States, Parliamentary supremacy has permitted statutory law to be developed that extinguishes the historical common law right to keep and bear arms.
Assize of Arms
1. Let every holder of a knight's fee have a hauberk, a helmet, a shield and a lance. And let every knight have as many hauberks, helmets, shields and lances, as he has knight's fees in his demise.
2. Also, let every free layman, who holds chattals or rent to the value of 16 marks, have hauberk, a helmet, a shield, and a lance. Also, let every free layman who holds chattals or rent worth 10 marks have an aubergel and a headpiece of iron and a lance....
4. Moreover, let each and every one of them swear before the feast of St. Hilary he will possess these arms and will bear allegiance to the lord king, Henry, namely the son of empress Maud, and that he will bear these arms in his service according to his order and in allegiance to the lord king and his realm..."
Rick......Hope this might help out your own research.....Jim
Last edited by Steelhorse; May 24th, 2006 at 08:42 AM.
May 24th, 2006 08:45 AM
OK, I think we are working in the same "book" now!! You had written:
Originally Posted by Steelhorse
I thought you (and Wayne) were saying that the Crown had written something at THAT time specifically about firearms. I didn't realize you were going ALL the way back.
Prior to 1776 and the United States Declaration of Independence, British subjects were granted possession and use of firearms by the Crown.
We can agree to agree! Most of the militias and Committees of Safety were based on those laws, and owning or having access to a weapon. I've seen many citations to what was supposed to be brought to the militia drill, who was supposed to attend, and what happened to you if you DIDN'T.
And when you have the opportunity to get copies for yourself they can also be VERY expensive!
Let me tell you that old books in the downtown public library are very dusty:
EOD - Initial success or total failure
May 24th, 2006 08:51 AM
Makes sense now. Sounds like a good project. I'll let you know if anything else comes to mind.
Originally Posted by Steelhorse
The only thing that stops bad guys with guns is good guys with guns. SgtD
May 27th, 2006 06:21 AM
Lots of new information on the timeline for review.
June 12th, 2006 05:35 PM
US vs Miller 1939 SCOTUS found (among other details) that short bl shotguns weren't military weapons, so the 2nd amendment didn't apply to them. This after a district court found the NFA to be unconstitutional.
Also a question for you or whomever: Is the Brady Act of 93 the same thing as the Violent Crime Control and LE Act of 94? or one an extension of the other?
The only thing that stops bad guys with guns is good guys with guns. SgtD
June 13th, 2006 10:22 AM
Quick distinction here: U.S. v. Miller held that since no party argued that short brld shotguns were military weapons, the court would not assume that they were protected under the 2Am. (The defendant was a gangster who had fled and was on the lam at the time the SCOTUS heard the case. Consequently, his side of the case was not argued. If he had shown up and shown a military use for the gun, he would have won).
Originally Posted by CopperKnight
Steelhorse, I know of a few things that might be of interest, but I can't look them up at work. Let me do a bit of research, and I think I can help you out.
All the best,
June 13th, 2006 10:33 AM
Here is one: In 2004, the U.S. Attorney General's office released an in-depth opinion on why the 2nd Am secures a general right of the people, not a collective right of the state. It can be found on the Dept of Justice website here:
All the best,
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