Archive for the ‘Second Amendment’ Category

Guns in America: Foundations and Key Concepts – JSTOR Daily

Jumping into the scholarly literature on guns and gun violence in the United States can be intimidating, both because of the range of disciplines that address the subject and because of the intensity of debate over a few contentious questions. A non-exhaustive list of fields contributing to US gun studies would include not only my own field of history but also public policy, legal studies, criminology, sociology, political science, literature, and public health. Despite the diversity of applicable disciplines, they have gravitated toward a few central questions. Some fields are interested in the origins of US gun culture, its relationship to the founding generation, the Second Amendment, or the rapid development of the country in the nineteenth century. Others are oriented toward contemporary issues, typically those like the role of firearms in the United States exceptional levels of violence among wealthy countries.

Eight years ago I was a historian of the twentieth-century United States with no background in gun studies but with an interest in the field related to a new project. Now Im writing a new book, Gun Country: How Gun Culture, Control, and Consumerism Created an Armed Mass Movement in Cold War America, for the University of North Carolina Press. The following key works from a number of disciplines, while not exhaustive, have nevertheless helped orient me to central questions in the field, and they serve as a strong introduction to what scholars have accomplished.

Philip J. Cook, The Great American Gun War: Notes from Four Decades in the Trenches. Crime and Justice, 2013Cook is a renowned public policy scholar at Duke University who has spent decades publishing in the field of gun studies. This article provides an overview to that field. He notes at the outset that less than fifty years ago, observers bemoaned the lack of critical research on guns and gun violence in American society. Since then, the field has made impressive strides. Cook sets up two fronts on which the scholarly battles play out in what he calls the Great American Gun War: first, a cohort of mostly social scientists that studies the political, social, economic, and cultural impact of guns in the United States; and second, a group of mostly historians and legal scholars that debates the true meaning of the Second Amendment.

Frank Zimring, Is Gun Control Likely to Reduce Violent Killings? University of Chicago Law Review, 1968Zimring is one of the founders of the scholarly field of gun studies, and this 1968 article is among its foundational texts. When he began writing at the University of Chicago Law School (today he continues to work at the University of California, Berkeley), there was almost no scholarly research on guns and their impact on crime and daily life in the United States. In 1968 Zimring worked on the underappreciated but important U.S. National Commission on the Causes and Prevention of Violence, appointed by President Lyndon Johnson after the assassinations of Martin Luther King and Robert Kennedy. Zimring served as a research director on the commission and coauthored Firearms & Violence in American Life (1969), the first comprehensive report of its kind. He has long argued, across hundreds of articles and many books, that guns are the essential element in explaining the unique lethality of US violence.

David J. Silverman, Guns, Empire and Indians. Aeon, 2016Two recent extraordinary booksDavid J. Silvermans Thundersticks (2016) and Priya Satias Empire of Guns (2018)have expanded our chronological and spatial understanding of North American gun history. This article by Silverman and the one below by Satia neatly encapsulate the important arguments each makes. Silvermans book traces how Native Americans from the seventeenth century built their societies around firearms, access to which could determine the fate of a particular group or nation against its rivals. As he writes here, Indians lived in a world awash with guns and, with it, waves of terrible gun violence. The article tells one story of the Mohawks in the 1630s that demonstrates that deterministic narratives about Indian societies and guns, germs, and steel are too simplistic and fail to account for the way those societies adapted to and even thrived with new technologies.

Priya Satia, Guns and the British Empire. Aeon, 2018In the prize-winning Empire of Guns (2018), Satia writes of the significance of the firearms industry to the rapid growth of the industrial revolution in Great Britain. In this article she draws our attention not to the American colonies but the empire on the other side of the world, in South Asia, where British authorities intentionally stifled the growth of a well-respected Indian domestic arms industry, believing their own economic success required Indian dependency on the British technology and know-how.

Sanford Levinson, The Embarrassing Second Amendment. Yale Law Journal, 1989While gun rights proponents today are quick to point to the Second Amendment as the foundation for their individual right to own a guna right only confirmed for the first time by the US Supreme Court in the controversial 2008 Heller v. D.C. decisionfor much of US history, Americans generally neglected this constitutional provision. Well into the 1970s, the general legal and academic consensus was that it was a relic of the eighteenth century, a restriction on the federal governments ability to deny the states the right to arm militias in light of contemporaneous fears of standing armies commanded by tyrants. With the creation of state National Guard units at the turn of the twentieth century, the amendment appeared moribund, and the 1939 United States v. Miller decision seemed to confirm it.

But beginning in the 1960s, a concerted effort among a cohort of right-leaning legal scholars began publishing essays, mostly in law school journals, arguing that the amendment had long been misinterpretedin reality, they wrote, the founders intended to confer an individual right to own a firearm independent of service in a militia. This article by Sanford Levinson, a celebrated liberal legal scholar, drew attention to this changing understanding of the amendment, arguing that legal scholarship may have long been motivated not by an attempt to understand the founders intent but instead by scholars own political leanings. The article was an important turning point for the mainstreaming of what came to be called the Standard Model of the Second Amendment: the idea that the founders intended for it to confer an individual right to firearms ownership independent of military service.

Saul Cornell, Half-Cocked: The Persistence of Anachronism and Presentism in the Academic Debate Over the Second Amendment. Journal of Criminal Law and Criminology, 2016Reading this article by Saul Cornell, a historian at Fordham University who authored the most important historical monograph on the Second Amendment, A Well-Regulated Militia (2006), feels like stepping into the middle of a years-long argument. The article is Cornells response to a prominent legal scholar, James Lindgren, who had recently written dismissively of historical interpretations of the Second Amendment in the wake of the 2008 Heller ruling. To an outsider, much of the discussion is impenetrable, but thats in part why its worth reading: the reader feels the tension and the import of the debate in all its arcane details. The article also captures the disciplinary divide on this subject between historians and legal scholars. Historians can be snappily contemptuous of legal scholars sloppy research and cherry-picked quotes, while legal scholars can sneer at historians insistence on seemingly tenuous contextual arguments. Plus, the footnotes are an essential bibliography in their own right.

Robert H. Churchill, Guns and the Politics of History. Reviews in American History, 2001The elephant in the room of US gun history and historiography is Michael Bellesiless Arming America (2000), a book about gun culture in the eighteenth and nineteenth centuries that promised to reshape not just the historical debate about guns in American society but the contemporary one, too. It made a splash, for sure, winning, among other awards, the Bancroft Prize, the historical professions most significant achievement for a monograph. But quickly Bellesiless fame became infamy, as a small army of mostly pro-gun researchers combed through his voluminous footnotes and discovered too many inconsistencies to simply write off as carelessness. Eventually an independent blue-ribbon committee concluded that Bellesiles may have falsified some of his research, and the author was stripped of the award and resigned from his position at Emory University. In this detailed review, which appeared before the scandal, Churchill, a libertarian-leaning historian of gun culture, takes Bellesiles to task for a number of research and interpretive issues. Despite the high level of scholarly discourse, contemporary gun politics is always simmering beneath the surface.

Randolph Roth, Guns, Gun Culture, and Homicide: The Relationship between Firearms, the Uses of Firearms, and Interpersonal Violence. William and Mary Quarterly, 2002The Bellesiles scandal involved the question of counting guns in early America and the sources that Bellesiles used (or, as critics said, fabricated) to do so. Bellesiles argued that high levels of US gun violence were a consequence of its gun culture, which he claimed did not exist until manufacturers invented it in the mid-nineteenth century. In this article, Roth, author of American Homicide (2012) and a historian who utilizes social science methods to examine violence across US history, tests Bellesiless claim of the relationship between gun proliferation and violence. Roths meticulous work again points to inconsistencies and problems in Bellesiless research and conclusions.

Brian DeLay, How Not to Arm a State: American Guns and the Crisis of Governance in Mexico, Nineteenth and Twenty-First Centuries. Southern California Quarterly, 2013DeLays article, which offers reflections on the transnational history of Mexico since the early nineteenth century, demonstrates the best kind of work a historian can do: take a contemporary problemin this case the Iron River of Guns, the deadly present-day flow of firearms from the United States into Mexico, where most gun purchasing and ownership is illegaland connect it to a longer history to help us better understand past and present. As DeLay shows, the movement of firearms across the United States southern border has long affected the stability of governance and civil society in Mexico. DeLays reflections on this long history bring to mind the quip attributed to turn-of-the-century president Porfirio Daz about his country: so far from God, so close to the United Statesand its guns.

Robert R. Dykstra, Quantifying the Wild West: The Problematic Statistics of Frontier Violence. Western Historical Quarterly, 2009Dykstra presents another way in which historians can contribute to broader public understanding of the past: they can assess and dismantle inherited mythologies that often obscure the truth more than illuminate it. In his work across several decades, Dykstra has confronted mythologies about the American frontier. Here he writes about the mythologies of violence in the so-called Wild West. Such mythologies have been central to gun culture, leading many Americans today to believe that phenomena like high rates of gun violence or social practices like the open or concealed carry of firearms connect them to popular eighteenth- and nineteenth-century traditions. In reality, gun death rates in frontier towns we identify with the Wild West were quite low, in large part because those towns imposed restrictions wed think of today as gun control.

Akinyele Omowale Umoja, We Will Shoot Back: The Natchez Model and Paramilitary Organization in the Mississippi Freedom Movement. Journal of Black Studies, 2002There is a rich and growing literature on the links between the Black freedom movement and firearms across US history. Umoja has authored one of the best monographs in that genre, We Will Shoot Back: Armed Resistance in the Mississippi Freedom Movement (2013), which evolved from this article. Here he writes of the case of paramilitary organizations supporting the freedom movement in the town of Natchez. Umojas work, along with that of Charles E. Cobb Jr. and Timothy B. Tyson, among others, has complicated our understanding of the postwar Black freedom movement, which is often simplistically framed as a dichotomy between Martin Luther Kings peaceful movement and more militant figures like Malcolm X and groups like the Black Panthers.

Jennifer Carlson, Mourning Mayberry: Guns, Masculinity, and Socioeconomic Decline. Gender and Society, 2015Carlson is a sociologist who has published two of the most important and innovative recent monographs in gun studies: Citizen-Protectors (2015) and Policing the Second Amendment (2020). This article derives from the former, which examines the practice of armed carry among mostly men, white and Black, in the greater Detroit area. Carlson offers a portrayal that is both critical and empathetic, locating the inspiration for armed carry among men in a feeling of social breakdown and national decline that has challenged mens identities as family protectors and community guardians.

David Yamane, Gun Culture 2.0 and the Great Gun-Buying Spree of 2020. Discourse, 2021Yamane is another sociologist doing innovative and provocative work to help scholars understand the role of guns in American society. He has written widely about the concept of Gun Culture 2.0, the shift from hunting and shooting sports to self-defense, which coincides with some evidence of the increasing diversity of US gun ownership. In this article he addresses the most prominent recent development in gun culturethe 2020 gun-buying boom, a remarkable shopping spree, spurred by the pandemic and a summer of protest against police brutality, that was unprecedented even in a country accustomed to them.

David Hemenway, The Public Health Approach to Motor Vehicles, Tobacco, and Alcohol, with Applications to Firearms Policy. Journal of Public Health Policy, 2001Gun control proponents frequently describe gun violence as a public health problem, and there has been extensive research to support that claim. David Hemenway, director of the Harvard Injury Control Research Center, is among the most prolific scholars advocating such an approach. In this article, he compares the failure to acknowledge firearms as a public health problem to the ways public health professionals have approached three other consumer goods that the public has generally agreed present sufficient dangers to require consistent federal regulation. Of course, the catch, critics often observe, is that there is no mention of motor vehicles, tobacco, or alcohol in the US Constitution.

Erin Grinshteyn and David Hemenway, Violent Death Rates: The US Compared with Other High-Income OECD Countries, 2010. American Journal of Medicine, 2016Its worth concluding a concise list of sources illuminating gun culture and gun violence in the United States with a glance overseas. It is a truism of the gun control movement that the United States is an outlier in both gun ownership and violent death rates, and there is a causative relationship between the two. Here, Grinshsteyn and Hemenway offer empirical confirmation. The most reasonable explanation for the United States high levels of violent death is its populations extraordinary access to firearms.

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Guns in America: Foundations and Key Concepts - JSTOR Daily

Letter from 37 Washington sheriffs letter pledges support of 2nd Amendment, other rights – MyNorthwest.com

(KIRO 7)

The vast majority of county sheriffs in Washington have signed a new letter promising to uphold your constitutional rights. But it is up to the sheriffs to decide what is constitutional and whats not.

Its an anxious time for those who are worried about retaining their gun rights. An anxious time for those unhappy that COVID-19 safety rules may restrict individual freedoms.

Chelan County Sheriff Brian Burnett led the effort that got 37 of Washingtons 39 sheriffs to sign a letter pledging to abide by their oath of office.

The message we want to send is, one, is we want to minimize their fear, and we want to put them at ease, he said.

In the letter, the sheriffs publicly reassert our individual and collective duty to defend all of the constitutional rights of our citizens.

But during the pandemic, some sheriffs have refused to enforce COVID-19 safety mandates. And in the past few years, some sheriffs have publicly announced they wont enforce newly passed gun safety laws.

The sheriffs letter explicitly calls out gun rights, stating, We individually and collectively pledge to do everything within our power to steadfastly protect the Second Amendment and all other individual rights.

Burnett said constitutionality should be decided by the courts, but there could be a time down the road where the sheriffs may have to decide as the chief law enforcement executives of their counties that they would say this is what we are or we arent going to enforce.

KIRO 7 TV spoke with constitutional lawyer Jeffery Needle about the letter.

Its dangerous because it shows an extreme bias by the sheriffs of Washington state in favor of Second Amendment rights, he said.

Needle said the letter implies that sheriffs have power that the law does not give them.

They dont have some sort of unilateral power to determine which legislation is constitutional, which is not. And enforce only those that they believe are constitutional, he added.

Burnett said there was no one piece of legislation that prompted the letter. This year, the Legislature passed a new law banning the open carry of weapons at permitted demonstrations.

Only the sheriffs of King and Kitsap counties did not sign the letter. Both are in transitional roles. The King County Sheriff will become an appointed position at the end of the year.

Written by KIRO 7 TV reporter Essex Porter

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Letter from 37 Washington sheriffs letter pledges support of 2nd Amendment, other rights - MyNorthwest.com

Letters to the Editor: July 23, 2021 – TCPalm

Treasure Coast Newspapers

July 13 was a historic day as Indian River County became the 45th Florida county to approve a resolution designating IRC a "sanctuary" for the Second Amendment, a public expression of their unequivocal support for the rights of law-abiding citizens to keep and bear arms. With enthusiastic support from Sheriff Eric Flowers and most of the commissioners, Moss consented with her silence by "not objecting."

Given Moss's apparent disdain for her constituents, her lackluster "support" of the resolution was no surprise. Moss was the only commissioner who has repeatedly disrespected her constituents by missing scheduled meetings. In May or June, we scheduled meetings with all five county commissioners on the same day to discuss our resolution, and to present to them nearly 1,500 signatures from IRC residents, gathered over the previous year in support of the resolution. Moss must be busier than the rest of the commissioners since she was the only no-show.

No explanation or apology was offered by Commissioner Moss. Not wishing to embarrass her publicly, I refrained from mentioning her lack of decorum at the public meeting on July 13, and in good faith offered to show her the signed petitions, which she had not previously witnessed due to her own malfeasance. When she insisted on keeping them overnight, I reluctantly obliged, explaining that the petitioners did not wish their information to be shared or made public. When she said Wednesday was too soon, I offered to pick them up on Thursday, to which she agreed.

After repeated attempts to reach Moss, she has not responded or returned the now 1,600 petitions, lent to her in good faith. What is her motive?

Laura Moss has demonstrated by her elitist attitude that she deserves neither respect, nor our trust.

Lamarre Notargiacomo, Vero Beach, supports the Indian River County 2nd Amendment Defense Coalition.

Recently, I had a spirited discussion with a perpetually disgruntled conservative. During our conversation, the subject of critical race theory arose. I challenged him to define CRT, anticipating his answer: Its a liberal attempt to turn children against one another. While this is the conservative definition of CRT, its as simplistic as it is wrongheaded.

Simply stated, CRT is a decades-old academic theory proposing a new approach to examine perpetual racism and exclusion. (Note: Initially, CRT was, in part, a repudiation of liberal responses addressing racist legal practices. It had nothing to do with public school instruction.)

Flustered by my response dismissed by right-wing operatives whove turned CRT into a divisive political strategy he blurted, Youre the laughingstock of the neighborhood (because I challenge right-wing fabrications). CRT has encouraged scholarly conversation about the impact of racism on U.S. history. (Few things frustrate conservatives more than scholarly investigations, which emphasize objective analysis over subjective opinion and political propaganda.)

Furthermore, CRT has led to critical investigations into other cultural issues, including the effects of internalized shame on marginalized minorities. (If youre a privileged white male, youve no idea how destructive that kind of constant, inescapable shame feels.) Unfortunately, CRTs opponents invoke their enormous misunderstanding to frame liberals as unpatriotic buffoons who want to incite white guilt among school-age children. This is demagoguery in its most pernicious form.

In a recent salute to Americas Fourth of July celebrations, NBCs Harry Smith said, Our history is both woeful and wonderful (and) our stories should be shared (and) owned. It endangers no one to understand the sins of our past.

The poet William Blake wrote, The man who never alters his opinion is like standing water, (which) breeds reptiles of the mind.

This is what truth looks like.

Cray Little, Vero Beach

Editor'snote: The following two letters are being rerun in their entirety due to an inadvertentprinting erroron July 22.

Florida is falling into the clutches of another COVID-19 wave and where is our illustrious governor Ron DeSantis? Why, at the border in Texas. He has sent a 50-member troop of law-enforcement officials to the border in support of Texas Gov. Greg Abbots plea for help protecting the border. DeSantis followed to show his support, or maybe get a photo-op with his idol Donald Trump.

Our state is falling into the ravages of this plague and our leader is off the reservation. Please tell me what he can do there as opposed to as what he can do here?

He cares more for showing his and Trumps minions what they want to see than doing what it will take to finally bring this plague to an end. He has abused his powers by selling T-shirts and political material using anti-Fauci slogans.

When will he finally resign himself to care about the people of his state? Both DeSantis and his wife have been vaccinated and have never fostered the same for his constituents. Trump could have put an end to non-vaxxers, as De Santis could have, but both chose to turn their backs.

If more citizens do not get vaccinated, then only non-vaccinated individuals will get sick, and possibly some will die.

Policis must be left out of this pending disaster.

Joseph De Phillips, Stuart

So a political action committee connected to Gov. Ron DeSantis is now selling Dont Fauci My Florida merchandise. Wow. Considering the governors record on COVID-19 I can only say Please America, dont DeSantis my cemetery any more than he already has.

Stephen Osiecki, Vero Beach

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Letters to the Editor: July 23, 2021 - TCPalm

Norton Files Amendments to Allow Marijuana Use in Public Housing, Combat Aircraft Noise, and Block SEC from Entering into Lease for Headquarters -…

WASHINGTON, D.C. Congresswoman Eleanor Holmes Norton (D-DC) announced today four amendments she has filed to fiscal year 2022 appropriations bills. The House Rules Committee will consider the amendments next week.

Nortons first amendment would prohibit the Department of Housing and Urban Development (HUD) from using its funds to enforce the prohibition on marijuana in federally assisted housing in jurisdictions where recreational marijuana is legal. The second amendment would prohibit HUD from using its funds to enforce the prohibition on medical marijuana in jurisdictions where medical marijuana is legal. Cannabis Caucus Co-Chairs Congressman Earl Blumenauer (D-OR) and Congresswoman Barbara Lee (D-CA) are cosponsors of both amendments. Earlier this Congress, Norton reintroduced her bill to permit marijuana in federally assisted housing in jurisdictions where it is legal. Norton has also sent a letter to HUD Secretary Marcia Fudge asking her to use executive discretion to not enforce the prohibition on marijuana in federally assisted housing in jurisdictions where it is legal.

The Department of Housing and Urban Development should not be allowed to remove people from their homes or otherwise punish them for following the marijuana laws of their jurisdictions, Norton said. More and more states are moving toward legalization of marijuana, especially of medical marijuana. It is time for HUD to follow the rest of the country and allow marijuana use in federally assisted housing in jurisdictions where it is legal. This should especially be the case for individuals living in jurisdictions that have legalized medical marijuana. Nobody should be evicted for following the law and the advice of their doctors.

Nortons third amendment would direct the Federal Aviation Administration (FAA) to prioritize efforts to combat airplane and helicopter noise. While the FAA and the aviation industry face many high-profile challenges, aircraft noise, which causes disruption to human health and local economies, is often overlooked. As co-chair of the Quiet Skies Caucus, I have been leading members for many years to get the FAA to take aircraft noise seriously, Norton said. As a result of aircraft noise, Americans suffer from sleep disruption, exacerbation of high blood pressure and other chronic diseases, and learning loss in schools.

Nortons fourth amendment would prohibit the Securities and Exchange Commission (SEC) from using its funds to enter directly into leases for a headquarters. Nortons amendment would effectively return the SECs leasing authority to the General Services Administration (GSA), the federal governments real estate arm. As a former chair and ranking member of the Subcommittee on Economic Development, Public Buildings, and Emergency Management, Norton led oversight of the SECs real estate activities.

For three decades, the SEC has consistently stumbled through leasing mistakes at great expense to taxpayers, Norton said. It is incredibly inefficient, wasteful, and redundant for the SEC to be involved in the nuances of real estate decisions when GSA exists for that very reason.Like other federal agencies, the SEC should continue to have input and involvement in the decision-making process, but the ultimate real estate authority should lie with GSA, where it belongs. Earlier this Congress, Norton introduced a bill to revoke the SECs leasing authority and return it to GSA.

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NRA-ILA Files Opening Brief in Second Amendment Case Before the Supreme Court – NRA ILA

NRA-ILA filed the opening brief in the Supreme Court case challenging New Yorks restrictive concealed-carry-licensing regime. The case provides the Supreme Court with the opportunity to finally affirm what most statesand common sensetell us: the Second Amendment protects a fundamental, individual right to bear arms for self-defense outside of the home.

For too long, New York has rationed the right to keep and bear arms to a select, chosen few within favored classes. But the Second Amendment guarantees the right of the people to keep and bear arms, not the right of a privileged few.

Despite skyrocketing crime within the Empire State, New York shamefully presumes the peoples unworthiness to defend their own lives and liberty where danger most often exists: outside the home. Those who dare to exercise their Second Amendment rights without first obtaining New Yorks blessing are automatically deemed felons. No other component of the Bill of Rights is treated this wayyet. Thus, the importance of this case and NRA-ILAs opening brief.

As indicated in the brief, NRA-ILA wholeheartedly agrees with the Justices who find it extremely improbable that the Framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen. NRA-ILA extends its sincerest thanks to its counsel at Kirkland & Ellis and the Court for its decision to accept this important case.

The case is captioned New York State Rifle & Pistol Association, Inc. v. Bruen.

Please stay tuned towww.nraila.orgfor future updates on NRA-ILAs ongoing efforts to defend your constitutional rights.

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NRA-ILA Files Opening Brief in Second Amendment Case Before the Supreme Court - NRA ILA