The U.S. Constitutionsession vi

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.

A Country Awash in Firearms

GunPolicy.org, a gun control advocacy site, estimates “the total number of guns (both licit and illicit) held by civilians in the United States is 270,000,000 to 310,000,000.”

Gun Rights site, theblaze.com, agrees with the lower estimate--sourcing it as follows:

According to the Geneva-based Small Arms Survey – the leading source of international public information about firearms – the U.S. has the best-armed civilian population in the world, with an estimated 270 million total guns.

That’s approximately one gun for every person: man, woman and child!jbp

To paraphrase Rousseau, The Social Contract, bk. i, sect. 1:

“How did this change come about? I do not know. What can make it legitimate? That question I think I can answer.”

jbp

major points of this session

I.A History of Widespread Firearms Ownership

II. The Wild West

III. Urban America

IV. After Columbine

V. The Present Debate

A History of Widespread

Firearms Ownership

is a discredited 2000 book by Michael A. Bellesiles on American gun culture. The book...argues that guns were uncommon during peacetime in early United States, and that a culture of gun ownership arose only much later. It initially won the prestigious Bancroft Prize, but later became the first book in that prize's history to have its award rescinded. The revocation occurred after Columbia University's Board of Trustees decided that Bellesiles had "violated basic norms of scholarship and the high standards expected of Bancroft Prize winners."

Clayton Cramer, a historian, software engineer, gun enthusiast and early critic of Bellesiles, later argued that the reason "why historians swallowed Arming America's preposterous claims so readily is that it fit into their political worldview so well...  Arming America said things, and created a system of thought so comfortable for the vast majority of historians, that they didnʼt even pause to consider the possibility that something wasnʼt right."

Wikipedia

The authors….conclude that Bellesiles appears to have substantially misrecorded the seventeenth and eighteenth century probate data he presents. For the Providence probate data (1679-1726), Bellesiles has misclassified over 60% of the inventories he examined. He repeatedly counted women as men, counted about a hundred wills that never existed, and claimed that the inventories evaluated more than half of the guns as old or broken when fewer than 10% were so listed. Nationally, for the 1765-1790 period, the average percentage of estates listing guns that Bellesiles reports (14.7%) is not mathematically possible, given the regional averages he reports and known minimum sample sizes. Last, an archive of probate inventories from San Francisco in which Bellesiles claims to have counted guns apparently does not exist. By all accounts, the entire archive before 1860 was destroyed in the San Francisco earthquake and subsequent fire of 1906. Neither part of his study of seventeenth and eighteenth-century probate data is replicable, nor is his study of probate data from the 1840s and 1850s.

abstract from James Lindgren & Justin L. Heather“Counting Guns in Early America”,William and Mary Law Review, 2002, pp.1778-1779

Why Belleisles’ thesis was patently absurd

most colonial males owned and carried firearms for

self defense

against the Spanish & French-1565-the Spanish and French massacre one another around St. Augustine. Jamestown narrowly escapes a Spanish attack in 1611

against American Indians-1622-the Powhatans killed 300 Virginia settlers

militia training (in the tradition of longbow practice) was a government required obligation for males who had to report armed

against wild animals-wolves, bears, wild pigs, rattlers & copperheads

for the hunt

for the pot

for skins and other valuable by-products

In the beginning...

The

James-towne

SURVIVOR

Game,2013

In the beginning...

In the beginning...

In the beginning, English settlers came armed and prepared to defend themselves. There was the well known record of prior European contacts with the “naturals,” or “savages.” Although some were “praying Indians,” most remained “wild Indians.”

Virginia would have her uprising in 1622 when almost a third of the colonists--men, women and children--were killed. Massachussetts, its King Philip’s War in 1675-76, the longest sustained attempt by the aborigines to drive out the invaders.

The outcome of these wars was no foregone conclusion. American Indians had a long warlike history before the invasion began. Only after Wounded Knee, 1890, did the fate of the First Nations seem preordained.

jbp

Elizabeth Proctor, whose husband was in England, successfully held off the Powhatans for two days until relief came. Others were not as fortunate

Elizabeth Proctor, whose husband was in England, successfully held off the Powhatans for two days until relief came. Others were not as fortunate

Initially, Indians Were More Than a Match2000-this award-winning book by an Army Ranger-turned-historian describes how Indians fought

armed with firearms by unscrupulous traders (Dutch, French and English) their “cowardly” tactics of ambush and terrorism struck fear and hatred into the hearts of their unwelcome visitors

only after decades of hard lessons learned, did the colonists adopt similar tactics with good effect on...

20 April 1775-as the British would learn, beginning with the retreat from Lexington & Concord

From Matchlock to Flintlock

17th century-this muzzleloader required a burning slow match. Loading time for an experienced musketeer with paper cartridges was 30 seconds During that time an Indian could fire accurately 3-4 arrows or more

From Matchlock to Flintlock

17th century-this muzzleloader required a burning slow match. Loading time for an experienced musketeer with paper cartridges was 30 seconds During that time an Indian could fire accurately 3-4 arrows or more

18th century-the flintlock musket cut that load time in half. Its ignition system was much less temperamental, less susceptible to moisture

From Matchlock to Flintlock

17th century-this muzzleloader required a burning slow match. Loading time for an experienced musketeer with paper cartridges was 30 seconds During that time an Indian could fire accurately 3-4 arrows or more

18th century-the flintlock musket cut that load time in half. Its ignition system was much less temperamental, less susceptible to moisture

despite stringent Royal prohibitions Indians were able to buy, capture, or steal the latest firearms

The Kentucky Longrifle

mid-18th century-this thing of beauty was a unique American instrument. Made in Pennsylvania by German gunsmiths for the long hunters in “Kaintuckee.” Boone being the most famous of this intrepid breed

the innovation which made these lethal instruments accurate up to six times further than the smoothbore musket was rifling. The inscribed twisting grooves impart a spin to the ball which dramatically improves accuracy

The Kentucky Longrifle

mid-18th century-this thing of beauty was a unique American instrument. Made in Pennsylvania by German gunsmiths for the long hunters in “Kaintuckee.” Boone being the most famous of this intrepid breed

the innovation which made these lethal instruments accurate up to six times further than the smoothbore musket was rifling. The inscribed twisting grooves impart a spin to the ball which dramatically improves accuracy

first used in the French & Indian War by special troops

their real impact would come in the Revolution. Daniel Morgan organized a whole corps of riflemen. They were pivotal at Saratoga (1777) and Cowpens (1781) where Morgan commanded

Burgoyne surrenders to Gates at Saratoga. Morgan in white rifleman’s frock

Cowpens reenactment 225th anniversary- 14 Jan 2006

Riflemen flanked by three militiamen (left) and two from the Continental Line

The Next Technology, Percussion

early 19th century-the flint and its powder pan are replaced by a nipple which is covered by a replaceable percussion cap. Still a muzzleloader. But a great gain in reliability and a slight increase in loading speed

The Next Technology, Percussion

early 19th century-the flint and its powder pan are replaced by a nipple which is covered by a replaceable percussion cap. Still a muzzleloader. But a great gain in reliability and a slight increase in loading speed

The Next Technology, Percussion

early 19th century-the flint and its powder pan are replaced by a nipple which is covered by a replaceable percussion cap. Still a muzzleloader. But a great gain in reliability and a slight increase in loading speed

the drive to increase the speed of the second shot had led to unsuccessful attempts at revolving barrels

but things were about to change thanks to the percussion lock

The Arms Industry people often associate the beginning of the modern factory system with Henry Ford

actually, the separate elements began much earlier

18th century-Jean Baptiste de Gribeauval, in artillery, and Honoré Blanc, in muskets, began the Western practice of interchangeability of parts

1801-but it was Eli Whitney who popularized it in America. He won the contract for muskets by assembling 10 weapons from mixed up parts before the Congressional committee

1802-Eleuthère Irénée du Pont, an émigré from revolutionary France, founded a powder mill which would develop into the third largest chemical company in the world

1820s-the moving assembly line has its origins here at Porkopolis

Model T assembly line, 1913

It Would Be Samuel Colt Who Put It All Together

(1814-1862)engraving in 1857

It Would Be Samuel Colt Who Put It All Together

inventor, industrialist, entrepreneur, he also was a pioneer in advertising and marketing

1832-his businessman father financed his first firearms prototypes. When they failed, he had to find other sources of income (Cincy, Hiram Powers, Western Museum, Dante’s Inferno)

It Would Be Samuel Colt Who Put It All Together

inventor, industrialist, entrepreneur, he also was a pioneer in advertising and marketing

1832-his businessman father financed his first firearms prototypes. When they failed, he had to find other sources of income (Cincy, Hiram Powers, Western Museum, Dante’s Inferno)

1835-travelled to England in Collier’s footsteps, patents the Patterson. His US patent gave him a monopoly on revolvers until 1857

It Would Be Samuel Colt Who Put It All Together

inventor, industrialist, entrepreneur, he also was a pioneer in advertising and marketing

1832-his businessman father financed his first firearms prototypes. When they failed, he had to find other sources of income (Cincy, Hiram Powers, Western Museum, Dante’s Inferno)

1835-travelled to England in Collier’s footsteps, patents the Patterson. His US patent gave him a monopoly on revolvers until 1857

1847-Capt. Samuel Walker of the Texas Rangers ordered 1,000 during the Mexican War

1861-the Civil War made him one of the richest men in America

Colt’s Hartford factory, 1857

As General Douglas Haig remarked, “War is a come-as-you-are party.” The early Union forces marched off with flintlock muzzeloaders from the Mexican War era.

The Civil War, 1861-65--Catalyst for Innovation

Springfield flintlock musket, M 1840

As General Douglas Haig remarked, “War is a come-as-you-are party.” The early Union forces marched off with flintlock muzzeloaders from the Mexican War era. Percussion pieces soon replaced them.

The Civil War, 1861-65--Catalyst for Innovation

Springfield flintlock musket, M 1840

Springfield percussion musket, M 1861

As General Douglas Haig remarked, “War is a come-as-you-are party.” The early Union forces marched off with flintlock muzzeloaders from the Mexican War era. Percussion pieces soon replaced them.

By the end of the war elite forces were buying metallic cartridge repeaters like the Spencer carbine

The Civil War, 1861-65--Catalyst for Innovation

As General Douglas Haig remarked, “War is a come-as-you-are party.” The early Union forces marched off with flintlock muzzeloaders from the Mexican War era. Percussion pieces soon replaced them.

By the end of the war elite forces were buying metallic cartridge repeaters like the Spencer carbine

The Civil War, 1861-65--Catalyst for Innovation

As General Douglas Haig remarked, “War is a come-as-you-are party.” The early Union forces marched off with flintlock muzzeloaders from the Mexican War era•. Percussion pieces• soon replaced them.

By the end of the war elite forces were buying metallic cartridge repeaters like the Spencer carbine or the Henry rifle themselves.

The Civil War, 1861-65--Catalyst for Innovation

As General Douglas Haig remarked, “War is a come-as-you-are party.” The early Union forces marched off with flintlock muzzeloaders from the Mexican War era•. Percussion pieces• soon replaced them.

By the end of the war elite forces were buying metallic cartridge repeaters like the Spencer carbine or the Henry rifle themselves.

The Civil War, 1861-65--Catalyst for Innovation

As General Douglas Haig remarked, “War is a come-as-you-are party.” The early Union forces marched off with flintlock muzzeloaders from the Mexican War era•. Percussion pieces• soon replaced them.

By the end of the war elite forces were buying metallic cartridge repeaters like the Spencer carbine or the Henry rifle themselves.• Hidebound General Ripley of the War Department wouldn’t spring for these “newfangled contraptions.”

The Civil War, 1861-65--Catalyst for Innovation

The Metallic Cartridge Changes Everything

“The Civil War is the pivot of the cultural development traced in these pages; it is the moment when a large proportion of the country tried to replace elections with gunfire, and when millions of American males first learned the art of war---and how to use a gun.”

Michael Bellesisles, Arming America; The Origins of a National Gun Culture. 2000. p. 7

The Wild West

Areas so marked have been settled since the 1870 census

Only a quarter century, from the close of the Civil War to the closing of the American frontier*--1865-1890. But, in so many ways, a defining era.

The frontier thesis of Frederick Jackson Turner argues that it was the struggle to advance the frontier, from Jamestown to the end of the 19th century, which shaped the American character.

The Winning of the West, a three volume history by Theodore Roosevelt, chronicled the crowning accomplishment of the century before his presidency. This conquest laid the foundation for his era, the beginning of the American Century, which he did so much to stamp.

jbp_______________*In essence, the definition of frontier means sparsely populated rural areas with a population density of six or fewer people per square mile. The “closing” refers to the 1890 report stating that rural areas were so intermixed with frontier ones that no meaningful boundary line could be drawn

It is estimated there are 440 frontier counties that cover 770,00 square miles with a total population of 2.9 million people. Approximately 56% of U.S. land mass has been identified as frontier with less than 4% of our population that reside in these isolated regions (Rural Assistance Center (RAC), n. d.).

The Frontier (Turner) ThesisAmerican historian who trained many influential professors, first at U. of Wisconsin; after 1910, at Harvard

1893-his seminal essay, "The Significance of the Frontier in American History" was presented to the new American Historical Association at the Chicago Columbian Exposition

1942-modern criticism began by pointing out the many other factors shaping American culture

1959-Richard Wade, The Urban Frontier, argued cities like Cincy, not farmer pioneers, were the catalyst for frontier expansion

1980s-”New Western Historians” add the roles of marginalized peoples: women, minorities, American Indians

Frederick Jackson Turner 1861 – 1932photo ca. 1890

Some contend that the fictionalized hero of the frontier actually predates the “Wild West.” They would trace it to James Fenimore Cooper

Some contend that the fictionalized hero of the frontier actually predates the “Wild West.” They would trace it to James Fenimore Cooper and The Last of the Mohicans: A Narrative of 1757 (1826). It’s steely-eyed, armed, lethal male has gone through many reincarnations since the invention of motion pictures:

Some contend that the fictionalized hero of the frontier actually predates the “Wild West.” They would trace it to James Fenimore Cooper and The Last of the Mohicans: A Narrative of 1757 (1826). It’s steely-eyed, armed, lethal male has gone through many reincarnations since the invention of motion pictures:

• a 1912 version starring James Cruze,• The Last of the Mohicans (1920), starring Wallace Beery;• The Last of the Mohicans (1932), a serial version starring Harry Carey;• The Last of the Mohicans (1936) starring Randolph Scott and Bruce Cabot;• Last of the Mohicans (1963) starring Jack Taylor. Jose Marco, Luis Induni and Daniel

Martin;• The Last of the Mohicans (1971), another serial produced by the BBC; and• The Last of the Mohicans (1992), starring Daniel Day-Lewis.• Wikipedia

There was the real West, the West of history

There was the real West, the West of history

There was the real West, the West of history

There was the real West, the West of history

There was the real West, the West of history

The Guns that Won the West

the trap-door Springfield, Model 1873, 45-70 caliber

the Winchester, Model 1873, 38-40 caliber

the Colt Single Action Army, Model 1873, 45 caliber

The Guns that Won the West

Barbed Wire

Railroads

and the civilizinginfluence of

women

along with...

September 7, 1876-”The Last Act of the Civil War”

1864-the James brothers began their initiation into the gun and death culture as teen members of the dirty war of bushwhacking with Quantrill’s raiders

1866-their robbery and killing continued as they claimed to be “unreconstructed rebels” and Populist opponents of the “evil” banks

based in Missouri, they and the four Younger brothers (plus others from time to time) robbed banks as far away as Kansas, Iowa, Texas and Kentucky

their spree ended in Northfield, MN when the local armed citizens killed or captured most members of the gang

Jesse James & Frank James (1847-1882) (1843-1915) picture 1872

Then came the legends

Then came the legends

Here, Ned Buntline (author of many “dime novels”), Buffalo Bill Cody, Giuseppina Morlachi and Texas Jack Omohundro. This fodder, Twain called it “cotton candy of the mind;” was coterminous with the real West and long survived it.

jbp

Here, Ned Buntline (author of many “dime novels”), Buffalo Bill Cody, Giuseppina Morlachi and Texas Jack Omohundro. This fodder, Twain called it “cotton candy of the mind;” was coterminous with the real West and long survived it. Cody’s live shows (1883-1913) bridged the gap between pulp fiction and Hollywood’s B-Westerns

jbp

Then came the legends

Gary Cooper, “The Real Deal”born in Helena, raised in Bozeman, MT, he learned to ride on the family ranch

1925-his first role as an extra in a Tom Mix western

1927-became a star in his first sound picture The Virginian

1941-first Academy Award in the title role of Sergeant York

1952-his second, Best Actor in High Noon, like the t.v. series 24, a film told in real time

Frank James Cooper 1901 – 1961

photo 1952- “High Noon”

Gary Cooper, “The Real Deal”born in Helena, raised in Bozeman, MT, he learned to ride on the family ranch

1925-his first role as an extra in a Tom Mix western

1927-became a star in his first sound picture The Virginian

1941-first Academy Award in the title role of Sergeant York

1952-his second, Best Actor in High Noon, like the t.v. series 24, a film told in real time

a finely fashioned thriller of good and evil, the film won 3 other Academy Awards, 2 Golden Globes and ranks #27 on the American Film Institute’s list of great films

here was a man who mastered his fear and used his gun to fight evil when everyone else in town had let him down

I know at least one eleven-year-old boy who wanted to be that kind of man when he grew up

A whole industry developed to sell “cowboys and indians” play to 20th century youth. The flood of films was supported by radio shows. “The Lone Ranger,” Monday, Wednesday, Friday, “same time, same station,” “25¢ and a Cheerios box-top will bring you a secret decoder”…

jbp

A whole industry developed to sell “cowboys and indians” play to 20th century youth. The flood of films was supported by radio shows. “The Lone Ranger,” Monday, Wednesday, Friday, “same time, same station,” “25¢ and a Cheerios box-top will bring you a secret decoder”… Red Ryder B-B guns,

jbp

A whole industry developed to sell “cowboys and indians” play to 20th century youth. The flood of films was supported by radio shows. “The Lone Ranger,•” Monday, Wednesday, Friday, “same time, same station,” “25¢ and a Cheerios box-top will bring you a secret decoder”… Red Ryder B-B guns, cap pistols, comics,

jbp

A whole industry developed to sell “cowboys and indians” play to 20th century youth. The flood of films was supported by radio shows. “The Lone Ranger,•” Monday, Wednesday, Friday, “same time, same station,” “25¢ and a Cheerios box-top will bring you a secret decoder”… Red Ryder B-B guns, cap pistols, comics, cowboy outfits. The Marty Robbins record “Gunfighter Ballads.”

jbp

Urban America

Rural  and  Urban  Popula.onsin  the  United  States

Source:  U.S.  Bureau  of  the  Census

As the population of America became more urban traditional menaces which had required guns for protection diminished for city dwellers. Likewise hunting for the pot or for skins became less frequent. So a whole new rationale for being armed developed.

Instead of “cowboys and indians” the game became “cops and robbers.” And fewer and fewer “good citizens” felt the need to carry a firearm for self defense as police forces became more professional.

jbp

As the population of America became more urban traditional menaces which had required guns for protection diminished for city dwellers. Likewise hunting for the pot or for skins became less frequent. So a whole new rationale for being armed developed.

Instead of “cowboys and indians” the game became “cops and robbers.” And fewer and fewer “good citizens” felt the need to carry a firearm for self defense as police forces became more professional.

But the Colt’s Patent Firearms Manufacturing Company had a one word advertising message: Protection.

jbp

As the population of America became more urban traditional menaces which had required guns for protection diminished for city dwellers. Likewise hunting for the pot or for skins became less frequent. So a whole new rationale for being armed developed.

Instead of “cowboys and indians” the game became “cops and robbers.” And fewer and fewer “good citizens” felt the need to carry a firearm for self defense as police forces became more professional.

But the Colt’s Patent Firearms Manufacturing Company had a one word advertising message: Protection. A popular saying was,”God made man, but Col. Colt made them equal.” Mass production,stimulated by the Civil War, also helped firearms to proliferate. The Colt Lightning, 1877, sold for $3.

jbp

The Minute ManDaniel Chester French first earned acclaim for the Minute Man, commissioned by the town of Concord, Massachusetts, which was unveiled April 19, 1875, on the centenary of the Battle of Lexington and Concord-Wiki

“...it was in these years that artists and politicians crafted the mythical image of the heroic Minuteman, winning American independence with his ever-ready musket. In 1875...French gave this imagined past form with his statue…, the classic embodiment of the well-regulated and well-armed militia.”-Bellesisles, p. 442

The Centenniala good time to take stock

The Centenniala good time to take stock

10 May 1876-opening day of the Philadelphia International Exposition. About 10 million would attend, 20 % of the American population

the decade would see unprecedented firearms violence

1876-Louisiana's Colfax Massacre (1873) led to United States v. Cruikshank

1877-the Great Railroad Strike, the first of many labor disputes which degenerated into armed violence between Pinkertons and workers

the end of Reconstruction which produced almost a century of armed white subjugation of the “uppity” former slaves

We saw in the last session how the Waite Court used Cruikshank to address the Incorporation issue with regard to the First Amendment Right of Assembly. The Solicitor General also argued that the Fourteenth Amendment’s Privileges and Immunities Clause had given the Freedman victims a Right to Bear Arms which the white vigilantes had violated.

The decision stated that the Second Amendment was only a restraint on the national government’s power to infringe upon “the right of the people to keep and bear Arms.” Neither States nor, as in this case, other private citizens were constrained by it.

This would be the precedent until Heller in 2008!

jbp

The First Second Amendment CaseUnited States v. Cruikshank (1876)

As in so many matters, for good and for ill, New York City would lead the way. Cheap firearms fed the long-standing problem of gang violence.

jbp

A Patchwork Quilt of Gun Control Regulations

As in so many matters, for good and for ill, New York City would lead the way. Cheap firearms fed the long-standing problem of gang violence.

In 1911 Timothy Sullivan, a notoriously corrupt Tammany Hall state legislator, sponsored the law which bears his name. It is still in effect. It is one of the earliest gun control measures. It would be copied by many other state and municipal governments.

The Sullivan Act permitted NYC police to issue permits to carry concealable firearms. Possession of such firearms without a license was a misdemeanor, and carrying them was a felony. The possession or carrying of weapons such as brass knuckles, sandbags, blackjacks, bludgeons or bombs was a felony, as was possessing or carrying a dagger, "dangerous knife" or razor "with intent to use the same unlawfully".-Wiki

jbp

A Patchwork Quilt of Gun Control Regulations

A Counter Tendency-1

The National Rifle Association was first chartered in the state of New York on November 17, 1871…. by Army and Navy Journal editor William Conant Church and General George Wood Wingate. Its first president was Civil War General Ambrose Burnside, who had worked as a Rhode Island gunsmith, and Wingate was the original secretary of the organization. Church succeeded Burnside as president in the following year.Union Army records for the Civil War indicate that its troops fired about 1,000 rifle shots for each Confederate soldier hit, causing General Burnside to lament his recruits: "Out of ten soldiers who are perfect in drill and the manual of arms, only one knows the purpose of the sights on his gun or can hit the broad side of a barn." The generals attributed this to the use of volley tactics, devised for earlier, less accurate smoothbore muskets….

A Counter Tendency-1

The National Rifle Association was first chartered in the state of New York on November 17, 1871…. by Army and Navy Journal editor William Conant Church and General George Wood Wingate. Its first president was Civil War General Ambrose Burnside, who had worked as a Rhode Island gunsmith, and Wingate was the original secretary of the organization. Church succeeded Burnside as president in the following year.Union Army records for the Civil War indicate that its troops fired about 1,000 rifle shots for each Confederate soldier hit, causing General Burnside to lament his recruits: "Out of ten soldiers who are perfect in drill and the manual of arms, only one knows the purpose of the sights on his gun or can hit the broad side of a barn." The generals attributed this to the use of volley tactics, devised for earlier, less accurate smoothbore muskets….After winning the British Empire championship at Wimbledon, London, in 1874, the Irish Rifle Team issued a challenge … to riflemen of the United States to raise a team for a long-range match to determine an Anglo-American championship. The NRA organized a team ….. Remington Arms and Sharps Rifle Manufacturing Company produced breech-loading weapons for the team. Although muzzle-loading rifles had long been considered more accurate, eight American riflemen won the match firing breech-loading rifles. Publicity of the event generated by the New York Herald helped to establish breech-loading firearms as suitable for military marksmanship training, and promoted the NRA to national prominence.Eight U.S. Presidents have been NRA members. They are Grant, Theodore Roosevelt, Taft, Eisenhower, Kennedy, Nixon,Reagan, and George H. W. Bush.--Wikipedia

A Counter Tendency-1

A Counter Tendency-2

A worldwide concern for urban industrial youth developed at the dawn of the 20th century. Most familiar to us are the programs of the Boy Scouts of America (BSA). A bizarre competition for founder of the BSA developed between our Dan Beard, Ernest Thompson Seton and newspaper man and entrepreneur W.D. Boyce.

jbp

A Counter Tendency-2

BSA troop, Columbus, OH, 1910

A worldwide concern for urban industrial youth developed at the dawn of the 20th century. Most familiar to us are the programs of the Boy Scouts of America (BSA). A bizarre competition for founder of the BSA developed between our Dan Beard, Ernest Thompson Seton and newspaper man and entrepreneur W.D. Boyce. Critics of scouting deplored its paramilitary reputation. The NRA soon encouraged BSA marksmanship merit badges. They also developed their own junior marksmanship program. Private military schools, like Culver, sponsored rifle teams.

jbp

A Counter Tendency-2

The combination of the Progressive “well-intentioned moral experiment” and the presence of World War PTSD trained gunmen armed with machine guns ushered in a new wave of gun violence in the Twenties.

jbp

More Public Fear Produces More Gun Control Legislation

The combination of the Progressive “well-intentioned moral experiment” and the presence of World War PTSD trained gunmen armed with machine guns ushered in a new wave of gun violence in the Twenties.

Hollywood, in typical style, rode the public fascination with “the Public Enemy.”

jbp

More Public Fear Produces More Gun Control Legislation

The combination of the Progressive “well-intentioned moral experiment” and the presence of World War PTSD trained gunmen armed with machine guns ushered in a new wave of gun violence in the Twenties.

Hollywood, in typical style, rode the public fascination with “the Public Enemy.”

The result--National Firearms Act of 1934.

jbp

More Public Fear Produces More Gun Control Legislation

National Firearms Act (NFA) 1934

National Firearms Act (NFA) 1934

imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms

passed shortly after the repeal of Prohibition, its purpose was to regulate what were considered “gangster weapons” such as machine guns, sawed off shotguns and silencers

National Firearms Act (NFA) 1934

imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms

passed shortly after the repeal of Prohibition, its purpose was to regulate what were considered “gangster weapons” such as machine guns, sawed off shotguns and silencers

a $200 tax was considered a deterrent

National Firearms Act (NFA) 1934

imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms

passed shortly after the repeal of Prohibition, its purpose was to regulate what were considered “gangster weapons” such as machine guns, sawed off shotguns and silencers

a $200 tax was considered a deterrent

1934-Clyde Barrow simply stole his arsenal from National Guard armories

1968-after several constitutional challenges, the NFA was blended into the Omnibus Crime Control and Safe Streets Act and the Gun Control Act

Gun Control Act (GCA) 1968

begun by Rep. Emanuel Celler, Dem.,NY in response to the assassinations of JFK (’63)

Gun Control Act (GCA) 1968

begun by Rep. Emanuel Celler, Dem.,NY in response to the assassinations of JFK (’63) and Malcolm X (1965)

Scene of Malcolm Xʼs assassination(circles mark bullet holes)

Where had these military guns come from?until the late ‘60s, Americans could buy firearms through the mail

Where had these military guns come from?until the late ‘60s, Americans could buy firearms through the mail

for absurdly low prices--the so-called Saturday Night Special (SNS)

no age limits, no background check

Where had these military guns come from?

until the late ‘60s, Americans could buy firearms through the mail

for absurdly low prices--the so-called Saturday Night Special (SNS)

no age limits, no background check

if the bank check cleared you got your gun, ammo, parts

the WW II surplus was a seemingly bottomless pit, for governments and private citizens as well

Gun Control Act (GCA) 1968

begun by Rep. Emanuel Celler, Dem.,NY in response to the assassinations of JFK (’63) and Malcolm X (1965)

October, 1968-resistance in Congress melted after the dual blows of MLK’s and RFK’s assassinations that spring

Gun Control Act (GCA) 1968

begun by Rep. Emanuel Celler, Dem.,NY in response to the assassinations of JFK (’63) and Malcolm X (1965)

October, 1968-resistance in Congress melted after the dual blows of MLK’s and RFK’s assassinations that spring

gun sales to certain classes of persons were prohibited

the Fed. Firearms License (FFL) system was put in place to regulate interstate commerce in firearms. The widespread practice of “mail order” guns ended

a complex and much litigated system of gun types was created to try to require only “sporting” firearms

1. President Reagan waves to the crowd immediately before being shot

2. Shots have been fired. The president is in the limousine to the right. Guards move in on the gunman.

3. Secret Service agents join the commotion while other people take cover.

4. D.C. police officer Thomas Delahanty (foreground) and Press Secretary James Brady (behind) lie wounded on the ground. Two Secret Service agents reach for what appears to be the gun that had been fired.

Rohm RG-14a SNS

Hinckley’s weapon

Gun Control Act (GCA) 1968

a complex and much litigated system of gun types was created to try to require only “sporting” firearms

1993- the Brady Handgun Violence Prevention Act created a national background check system to prevent sales to “prohibited persons”

After Columbine

We all have our memories of this riveting event. Documentaries and analytical books continue to appear. Strangely, Columbine is only the most telegenic of 276 school shootings from 1764 to August 20, 2013 chronicled by Wiki. But Columbine stands out on several grounds.

The sheer horror of the 49 minute duration, the sadistic taunting of the victims, the toll: 12 students and 1 teacher killed, 24 students wounded with three others injured while trying to escape.

jbp

We all have our memories of this riveting event. Documentaries and analytical books continue to appear. Strangely, Columbine is only the most telegenic of 276 school shootings from 1764 to August 20, 2013 chronicled by Wiki. But Columbine stands out on several grounds.

The sheer horror of the 49 minute duration, the sadistic taunting of the victims, the toll: 12 students and 1 teacher killed, 24 students wounded with three others injured while trying to escape.

“Rachel Scott's funeral on April 24, 1999, was attended by more than 2,000 people and was televised throughout the nation. It was the most watched event on CNN up to that point, surpassing even the funeral of Diana, Princess of Wales.”--Wiki

jbp

1117-when their propane bombs in the cafeteria didn’t explode, the two entered the building and began shooting

they kill or injure 12 before their “masterpiece”

Scene of the most sadistic taunting of the victims.

1117-when their propane bombs in the cafeteria didn’t explode, the two entered the building and began shooting

they kill or injure 12 before their “masterpiece”

1129-1136-the library massacre. The details of their twisted cruelty are not for the faint hearted. It still is painful to review after all these years

1117-when their propane bombs in the cafeteria didn’t explode, the two entered the building and began shooting

they kill or injure 12 before their “masterpiece”

1129-1136-the library massacre. The details of their twisted cruelty are not for the faint hearted. It still is painful to review after all these years

Wiki presents this table and a chronological description

The Postmortemin a typical media rush to judgement, the media labelled the killers victims of bullying who snapped and took revenge on their tormenters

as more evidence emerged the focus moved to attempt to describe precisely what sort of mental and medication problems the two had

1t was officially reported in the voluminous literature that “... [#1] was a psychopath and [#2] was a depressive, and consequently that [#1] was influenced by sadism, whereas [#2] was influenced by revenge. This report suggested that all of the reasons the boys gave for the shooting were justifications in order to present themselves as killers with a cause.”--as reported in Slate

a depressing window into their minds was provided by diaries and video records which surfaced in the investigations

Perpetrator 1

Perpetrator 2

Hollywood?exactly 20 days before Columbine, a surrealistic ode to gunplay was released

Hollywood?

exactly 20 days before Columbine, a surrealistic ode to gunplay was released

but the diary evidence makes it clear that another hymn to murder as apotheosis was their favorite

1994 was the release year, script by Quentin Tarantino, Oliver Stone the director; Hollywood’s gifts that keep on giving

From almost the moment of its release, the film has been accused of encouraging and inspiring numerous murderers in North America, including the Heath High School shooting and the Columbine High School massacre--Wiki

an unsuccessful civil case tried to get damages from the purveyors of this film

calls for censorship never really stood a chance

Video Games?much concern has been directed at the plethora of video games available and consumed by youths who turn violent

the dominant format is the so-called “shooter” game. Success is measured in “kills,” often depicted in a blood-spattered manner

The Original (1997)

Video Games?much concern has been directed at the plethora of video games available and consumed by youths who turn violent

the dominant format is the so-called “shooter” game. Success is measured in “kills,” often depicted in a blood-spattered manner

FL activist and disbarred lawyer Jack Thompson launched a series of lawsuits over sex and violence in video games

1997-he filed on behalf of the parents of three children killed in the Heath HS shooting

1999-the post-Columbine investigation showed that both “perps” were heavily “into” macabre video games

September 17, 2013

The release of Rockstar Games’ “Grand Theft Auto V” generated $800 million sales in 24 hours around the world, a record for any game from Take-Two Interactive, and the “GTA” franchise itself.

from the news on 18 September 2013, the day after the Washington DC Navy Yard shooting

http://variety.com/2013/digital/news/grand-theft-auto-v-earns-800-million-in-a-day-more-than-worldwide-haul-of-man-of-steel-1200616706/

It’s the Culture--Not the Shooters2002-hailed at the Cannes Film Festival with a 13 minute standing ovation & a special award

2003-acclaimed by Hollywood, Academy Award for Best Documentary Feature

he blames the culture of fear and violence which he charges is the work of the government, especially its aggressive foreign policy

most reviews were “overwhelmingly positive”-Wiki

included is an ambush interview of Charlton Heston, then president of the NRA

$4 million to film, he grossed $58 million worldwide with $21 million US. This would be eclipsed by his next documentary Fahrenheit 9/11Release (2002)

Police Procedures -- School Policiesthe Littleton police followed hostage situation procedure-too slow, lives were lost unnecessarily

a rapid aggressive “school shooter” tactic has been developed and widely practiced with success

Police Procedures -- School Policies

the Littleton police followed hostage situation procedure-too slow, lives were lost unnecessarily

a rapid aggressive “school shooter” tactic has been developed and widely practiced with success

schools took the defensive tack--as far as budgets allowed--metal detectors, guards, “gun free zone” signs

schools also went in for various strategies to combat bullying and better risk assessment

Then the “next-big-thing” hit the 24-7 cable news cycle--the Gore-Bush presidential race. Gun violence and what to do about it was literally pushed out of the public consciousness.

A book by Michael Bellesisles called Arming America briefly struck that nerve and had its 15 minutes of fame.

But an even bigger horror waited in the wings.

One known as 9/11.jbp

2000

The Present Debate

There was almost no let up in the course of mass shootings by unhinged individuals. The only year without mass shooting casualties was 2002, immediately after 9/11. News focussed on Afghanistan, the hunt for Bin Laden and the buildup to Gulf War II.

There was almost no let up in the course of mass shootings by unhinged individuals. The only year without mass shooting casualties was 2002, immediately after 9/11. News focussed on Afghanistan, the hunt for Bin Laden and the buildup to Gulf War II.

As the war on drugs was joined by the war on terror two trends developed which bear on the Second Amendment. There was a general increase in the anxiety level of both private citizens and public security forces. The former fed the trend towards concealed carry laws or CCW permits. The latter produced a phenomenon labelled “The Rise of the Warrior Cop” which will be treated in the next session.

Mass shooting events reenforced both of these phenomena.

jbp

The web is full of learned debate as to whether CCW has decreased, increased, or not affected unlawful homicides and gun crime. The maze of state and municipal gun laws is pretty overwhelming.

Ironically, the first Supreme Court decision to really clarify the sense of the Second Amendment right doesn’t address CCW.

Let’s look at Heller.

jbp

District of Columbia v. Heller, 2008

facts-For the first time in seventy years, the Court heard a case regarding the central meaning of the Second Amendment and its relation to gun control laws. After the District of Columbia passed legislation barring the registration of handguns, requiring licenses for all pistols, and mandating that all legal firearms must be kept unloaded and disassembled or trigger locked, a group of private gun-owners brought suit claiming the laws violated their Second Amendment right to bear arms. The federal trial court in Washington D.C. refused to grant the plaintiffs relief, holding that the Second Amendment applies only to militias, such as the National Guard, and not to private gun ownership.

The U.S. Court of Appeals for the District of Columbia Circuit disagreed, voting two to one that the Second Amendment does in fact protect private gun owners such as plaintiffs. Petitioners [that is, D.C., which petitioned the USSC] agree with the trial court's decision that the Second Amendment applies only to militias, and further argue that (a) the Second Amendment should not apply to D.C. because it is a federal enclave rather than a state, and (b) that the D.C. legislation merely regulates, rather than prohibits, gun ownership. Respondents [that is, Heller & his associates], although disagreeing on the merits, have also urged the Court to review the case in order to clearly define the relationship between federal gun control laws and the Second Amendment.

issue-Whether provisions of the D.C. Code generally barring the registration of handguns, prohibiting carrying a pistol without a license, and requiring all lawful firearms to be kept unloaded and either disassembled or trigger locked violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?

www. oyez.org

Feb 26, 2012- the shooting of Trayvon

the crux of CCW legal issues was present in this inflammatory incident

whoʼs the suspect?

Feb 26, 2012- the shooting of Trayvonthe crux of CCW legal issues was present in this inflammatory incidentwas George Zimmerman justified in using lethal force against this 17-year-old whom he claims assaulted him?

whoʼs the suspect?

Feb 26, 2012- the shooting of Trayvonthe crux of CCW legal issues was present in this inflammatory incidentwas George Zimmerman justified in using lethal force against this 17-year-old whom he claims assaulted him?when the police initially refused to prefer charges against him the race card was played by the usual suspects and the mainstream media took up the charge11 April-after nation-wide protests, and a personal intervention by President Obama, Zimmerman was charged

whoʼs the suspect?

Feb 26, 2012- the shooting of Trayvon

the crux of CCW legal issues was present in this inflammatory incidentwas George Zimmerman justified in using lethal force against this 17-year-old whom he claims assaulted him?when the police initially refused to prefer charges against him the race card was played by the usual suspects and the mainstream media took up the charge11 April-after nation-wide protests, and a personal intervention by President Obama, Zimmerman was chargedintense media coverage further polarized the country24 June-13 July 2013-the trial riveted the nation and, once again, the acquittal was met with bitter recrimination from those who believed justice was not served

whoʼs the suspect?

July 20, 2012- Aurora theater shootinga mass shooting occurred inside of a Century movie theater in Aurora, Colorado, during a midnight screening of the film The Dark Knight Rises.A gunman, dressed in tactical clothing, set off tear gas grenades and shot into the audience with multiple firearms, killing 12 people and injuring 70 others

July 20, 2012- Aurora theater shootinga mass shooting occurred inside of a Century movie theater in Aurora, Colorado, during a midnight screening of the film The Dark Knight Rises.A gunman, dressed in tactical clothing, set off tear gas grenades and shot into the audience with multiple firearms, killing 12 people and injuring 70 othersThe sole suspect...was arrested outside the cinema minutes later

suspect

July 20, 2012- Aurora theater shooting

a mass shooting occurred inside of a Century movie theater in Aurora, Colorado, during a midnight screening of the film The Dark Knight Rises.A gunman, dressed in tactical clothing, set off tear gas grenades and shot into the audience with multiple firearms, killing 12 people and injuring 70 othersThe sole suspect...was arrested outside the cinema minutes laterBoth Obama's and Mitt Romney's campaigns temporarily suspended television advertising in Colorado for the 2012 presidential election. On July 22, President Obama met with victims and local and state officials and gave a nationally televised speech from AuroraIn the aftermath of the shooting, several legal experts said that it would be extremely difficult for victims and their families to pursue claims for civil liability against the theater or others

Dec 14, 2012- Sandy Hook shootinga deranged 20-year old fatally shot twenty children and six adult staff members in a mass murder at Sandy Hook Elementary Schoolbefore driving to the school he had shot and killed his mother. As first responders arrived, he committed suicide by shooting himself in the headIt was the second deadliest mass shooting by a single person in American history, after the 2007 Virginia Tech massacre

perpetrator

Dec 14, 2012- Sandy Hook shooting

a deranged 20-year old fatally shot twenty children and six adult staff members in a mass murder at Sandy Hook Elementary Schoolbefore driving to the school he had shot and killed his mother. As first responders arrived, he committed suicide by shooting himself in the headIt was the second deadliest mass shooting by a single person in American history, after the 2007 Virginia Tech massacreDec 16 vigil-Obama called for using "whatever power this office holds", to prevent similar tragedies in the future. Nearly 200,000 people signed a petition at the Obama administration's We the People petitioning website in support of stricter gun control legislationFear of future restrictions on firearms led to a spike in sales of guns, ammunition, and magazines in the weeks following the shooting. In reaction to anticipated restrictions on firearms, gun permit applications increased dramatically in a multi-state trend that followed the Connecticut school shooting

November, 2008--”having been named White House chief of staff, Emanuel gave his mantra the presidential imprimatur as he told a conference of business leaders organized by the Wall Street Journal: "You never want a serious crisis to go to waste. . . . Things that we had postponed for too long, that were long-term, are now immediate and must be dealt with. This crisis provides the opportunity for us to do things that you could not do before."--2009, www.politicsdaily.com

2012-Annus Horribilis (lat. horrible year)• Feb-Trayvon• July-Aurora

•Dec-Newtown

November, 2008--”having been named White House chief of staff, Emanuel gave his mantra the presidential imprimatur as he told a conference of business leaders organized by the Wall Street Journal: "You never want a serious crisis to go to waste. . . . Things that we had postponed for too long, that were long-term, are now immediate and must be dealt with. This crisis provides the opportunity for us to do things that you could not do before."--2009, www.politicsdaily.com

2012-Annus Horribilis (lat. horrible year)• Feb-Trayvon• July-Aurora

•Dec-Newtown

the battle lines were drawn

the battle lines were drawn

the battle lines were drawn

the battle lines were drawn

the battle lines were drawn

the battle lines were drawn

the battle lines were drawn

the battle lines were drawn

the battle lines were drawn

On April 17, 2013, a bill that would have seen the restrictions on gun control, known as the Manchin-Toomey Background Checks Bill, failed to pass the U.S. Senate by six votes, with 48 democrats and 4 Republicans voting for the bill, and 5 democrats and 41 Republicans voting against. The NRA released a statement critiquing the bill, stating that "expanding background checks, at gun shows or elsewhere, will not reduce violent crime or keep our kids safe in their schools." In a speech the following day, Obama called the failing of the bill "shameful" and stated how the Republicans had "willfully lied" about the proposal on background checks….

Wikipedia, “Sandy Hook Shooting-Gun Control

And so it stands

When the Senate voted down the Obama-Bloomberg gun control agenda...the president reacted angrily….

“Another ’90 Percent’ Lie”

Chris W Cox, NRA-ILA Executive Director, in American Rifleman, July 2013, p. 86

When the Senate voted down the Obama-Bloomberg gun control agenda...the president reacted angrily….

“Another ’90 Percent’ Lie”

“By now itʼs well known that 90 percent of the American people support universal background checks...And a few minutes ago 90 percent of Democrats in the Senate just voted for that idea. But itʼs not going to happen because 90 percent of the Republicans in the Senate just voted against that idea….Iʼm going to speak plainly and honestly about whatʼs happened here because the American people are trying to figure out how can something have 90 percent support and yet not happen.”

Chris W Cox, NRA-ILA Executive Director, in American Rifleman, July 2013, p. 86

When the Senate voted down the Obama-Bloomberg gun control agenda...the president reacted angrily….

Letʼs talk about that “90 percent figure….The week after the vote, a poll conducted jointly by The Washington Post and the Pew Research Center [neither right wing organizations, jbp] found that only 15 % of the public said that they were”angry” that the bill was defeated, while 39% said they were “relieved” or “happy.” A different poll found that 52% of the public said they disapproved of Obamaʼs gun policies, while only 41% approved….voters aged 18-29...56% of them disapproved of his gun control agenda….

“Another ’90 Percent’ Lie”

“By now itʼs well known that 90 percent of the American people support universal background checks...And a few minutes ago 90 percent of Democrats in the Senate just voted for that idea. But itʼs not going to happen because 90 percent of the Republicans in the Senate just voted against that idea….Iʼm going to speak plainly and honestly about whatʼs happened here because the American people are trying to figure out how can something have 90 percent support and yet not happen.”

Chris W Cox, NRA-ILA Executive Director, in American Rifleman, July 2013, p. 86

Undoubtedly there will be more legislation and litigation in the attempt to develop the precise individual liberty which the Second Amendment affords.

A closely related topic is how the Bill of Rights protects persons accused of crimes.

But that’s another story...