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" "Like the KKK, the NRA was also formed right after the Civil War. The organization’s first major involvement with promoting gun laws tainted by prejudice was in the 1920s and 30s. In response to urban gun violence often associated with immigrants, especially those from Italy, the NRA’s president, Karl Frederick, helped draft model legislation to restrict concealed carry of firearms in public. States, Frederick’s model law recommended, should only allow concealed carry by people with a license, and those licenses should be restricted to “suitable” people with “proper reason for carrying” a gun in public. Thanks to the NRA’s endorsement, these laws were adopted in the majority of states.
The 1960s saw another wave of gun control laws that were, at least in part, motivated by race. After Malcolm X promised to fight for civil rights “by any means necessary” while posing for Ebony magazine with an M1 Carbine rifle in his hand and the Black Panthers took to streets of Oakland with loaded guns, conservatives like Ronald Reagan, then governor of California, began promoting gun control. Black radicals with guns, coupled with the devastating race riots that wiped out whole neighborhoods in Newark and Detroit in 1967, helped persuade Congress to pass the Gun Control Act of 1968. That law barred felons from purchasing firearms, expanded the licensing of gun dealers, and barred imports of “Saturday Night Specials”—cheap, often poorly made guns that were frequently used for crime by urban youth. As one gun control supporter at the time frankly admitted, a close look at that law revealed that it wasn’t really about controlling guns; it was about controlling blacks. And the NRA, in its signature publication, American Rifleman, took credit for the law and extolled its virtues.
Adam Winkler (born July 25, 1967) is a professor of at the UCLA School of Law.
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Gun rights and gun control, however, have lived together since the birth of the country. Americans have always had the right to keep and bear arms as a matter of state constitutional law. Today, 43 of the 50 state constitutions clearly protect an individual’s right to own guns, apart from militia service.
Yet we’ve also always had gun control. The Founding Fathers instituted gun laws so intrusive that, were they running for office today, the NRA would not endorse them. While they did not care to completely disarm the citizenry, the founding generation denied gun ownership to many people: not only slaves and free blacks, but law-abiding white men who refused to swear loyalty to the Revolution....
Today, the NRA is the unquestioned leader in the fight against gun control. Yet the organization didn’t always oppose gun regulation....
In the 1920s and ’30s, the NRA was at the forefront of legislative efforts to enact gun control. The organization’s president at the time was Karl T. Frederick, a Princeton- and Harvard-educated lawyer known as “the best shot in America”—a title he earned by winning three gold medals in pistol-shooting at the 1920 Summer Olympic Games. As a special consultant to the National Conference of Commissioners on Uniform State Laws, Frederick helped draft the Uniform Firearms Act, a model of state-level gun-control legislation....
Frederick’s model law had three basic elements. The first required that no one carry a concealed handgun in public without a permit from the local police. A permit would be granted only to a “suitable” person with a “proper reason for carrying” a firearm. Second, the law required gun dealers to report to law enforcement every sale of a handgun, in essence creating a registry of small arms. Finally, the law imposed a two-day waiting period on handgun sales.
The NRA today condemns every one of these provisions as a burdensome and ineffective infringement on the right to bear arms.
In recognition of the nation’s changing demographics, the NRA is making a major push to diversify: Its new spokesman, Colion Noir, is an engaging African American millennial. Yet the NRA’s annual convention remains largely a sea of white folks. And as the NRA’s reluctance to make a statement in support of Philando Castile suggests — many believe the group would have immediately backed a white concealed-carrier in such circumstances — there is still a long way to go....
By the light of the law, the answer is easy: The Constitution prohibits racl discrimination in all rights, including the right to bear arms. By the light of history, however, the answer is far more complicated. From America’s earliest days, the right to bear arms has been profoundly shaped by race. Indeed, for much of our history, the right’s protections extended almost exclusively to whites.
The founding generation that adopted the Second Amendment also enacted racially discriminatory gun laws. Fearing slave revolts, early American lawmakers prohibited slaves — and often free blacks, too — from possessing weapons of any kind.
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Although a procedural snafu prevented the Supreme Court from issuing a final ruling... justices soon after embraced Conkling's argument... In the years that followed, the Supreme Court would invoke those corporate rights to invalidate numerous laws governing how businesses were to be run, supervised, and taxed. Between 1868, when the amendment was ratified, and 1912, when a scholar set out to identify every Fourteenth Amendment case heard by the Supreme Court... 28 cases [dealt] with the rights of African Americans... 312 cases... with the rights of corporations.