A Little Bit of History
Guns have been a part of our society since the settlers first arrived here. However, slaves never had access to weapons for fear that they would be able to rise up against their servitude. Even after the Civil War, Blacks had a difficult time arming themselves, and this continued through the Civil Rights Movement in the ‘40’s, ‘50’s and ‘60’s. The Black leaders of the day endorsed gun rights for their people, many of whom were victims of crimes themselves and needed a way to defend their families and their property. They also needed to protect themselves from racist governmental action.
Back in the day, Frederick Douglass recommended, “A good revolver, a steady hand and the determination to shoot down any man attempting to kidnap,” as a way to protect escaping slaves. Ida B. Wells told Black Americans that “a Winchester rifle should have a place of honor in every black home and should be used for that protection which the law refuses to give.” And though Blacks were given full citizenship after the 14th Amendment was ratified, their 2nd Amendment rights were still being challenged by gun control laws.
Bans on inexpensive handguns (Saturday Night Specials) were disproportionately harming the poorest among us, the ones most likely to be victims of crime. May-issue laws also discriminated, allowing one person to decide if you had “good cause” to carry. I didn’t know about this till I researched it, but the California Mulford Act of 1967, which banned open carry of weapons, was primarily based on trying to control the Black Panthers. At the time, the group was trying to “police the police,” to protect victims of aggressive policing.
Pre-20th Century gun control laws were mostly passed to keep guns out of the hands of Blacks to protect Whites. It’s only recently that gun control advocates are determined to keep guns out of the hands of anyone they don’t like, not just minorities.
Control Via Drug Laws
Our drug laws have always been pretty insane. But if you have been caught using them, you can be banned for life from owning a gun. While the courts were pretty lenient about cocaine use, deferring to its popularity among the Hollywood crowd and other people of influence, they were death on crack, which was more affordable. Even as surveys tend to indicate a similar rate of illegal drug use between Blacks and Whites, more Blacks tend to get arrested and convicted. Even in a state that permits marijuana use, you can still lose your gun rights because the federal government does not permit such use. Non-violent felony convictions can strip you of your rights, an outcome much more likely with Blacks. With ‘stop and frisk,’ many were convicted of drug felonies, even as they had simply been walking down the street, engaged in no illegal activity.
The Case
New York State Rifle and Pistol Association v. Bruen is challenging the idea of “may issue” permitting. In New York City, while a variety of famous people sport carry permits, the average citizen, and more importantly, the poorest citizen, cannot get a carry permit. The laws here date back to the Sullivan Act of 1911, which first started gun licensure, and let the local police decide who could get a gun, and who could not. Fear was ginned up by the politicians about racial and ethnic minorities who might “attack at any time.”
As 1.8 MM new gun owners purchased guns in 2021, many of whom were Black, it is obvious that people of all backgrounds want the right to keep and bear arms. The riots throughout the year threatened people’s lives and property and the recent increase in violent crime only make self-protection more vital. We have fewer police to count on, and even they would tell you that it is rare when they can prevent a crime. Only we can do this, but we need to retake our rights to have a chance.
Oddly, the NAACP who used to spend much of their resources on defending Black gun owners now states in their case brief that “restrictions on public possession of firearms are an important tool in addressing the vexing problem of handgun violence in cities which disproportionately harms African Americans.” I say, let Black people make that choice for themselves.
Both the National African American Gun Association and Black Guns Matter have filed briefs about the “may issue” impact on their members. There are over 40 states now that either have “shall issue” laws or constitutional carry (no permit required). The remaining states are Blue states, the exact ones that believe that “Black lives matter” (except when they don’t, apparently).
We all have a stake in this case because at some point, our lives may depend on it. Talk to your legislators, sign petitions, get the word out. Buy a gun and get trained on it. We are at a tipping point in this country regarding our constitutional rights. Even if you never want to own or carry a weapon, wouldn’t you feel safer if you knew your neighbor did?