Battleground America

ByrnzieByrnzie Posts: 21,037
edited April 2012 in A Moving Train
'...no single organization has done more to weaken Americans’ faith in government, or in one another, than the N.R.A.'


http://www.newyorker.com/reporting/2012 ... ntPage=all

Battleground America
One nation, under the gun.
by Jill Lepo

Newyorker
April 23, 2012



'...The Second Amendment reads, “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.” Arms are military weapons. A firearm is a cannon that you can carry, as opposed to artillery so big and heavy that you need wheels to move it, or people to help you. Cannons that you can carry around didn’t exist until the Middle Ages. The first European firearms—essentially, tubes mounted on a pole—date to the end of the fourteenth century and are known as “hand cannons.” Then came shoulder arms (that is, guns you can shoulder): muskets, rifles, and shotguns. A pistol is a gun that can be held in one hand. A revolver holds a number of bullets in a revolving chamber, but didn’t become common until Samuel Colt patented his model in 1836. The firearms used by a well-regulated militia, at the time the Second Amendment was written, were mostly long arms that, like a smaller stockpile of pistols, could discharge only once before they had to be reloaded. In size, speed, efficiency, capacity, and sleekness, the difference between an eighteenth-century musket and the gun that George Zimmerman was carrying is roughly the difference between the first laptop computer—which, not counting the external modem and the battery pack, weighed twenty-four pounds—and an iPhone.

A gun is a machine made to fire a missile that can bore through flesh. It can be used to hunt an animal or to commit or prevent a crime. Enough people carrying enough guns, and with the will and the training to use them, can defend a government, or topple one. For centuries before the first English colonists travelled to the New World, Parliament had been regulating the private ownership of firearms. (Generally, ownership was restricted to the wealthy; the principle was that anyone below the rank of gentleman found with a gun was a poacher.) England’s 1689 Declaration of Rights made a provision that “subjects which are Protestants may have arms for their defence suitable to their condition and as allowed by law”; the Declaration was an attempt to resolve a struggle between Parliament and the Crown, in which Parliament wrested control of the militia from the Crown.

In the United States, Article VI of the Articles of Confederation, drafted in 1776 and ratified in 1781, required that “every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.” In early America, firearms and ammunition were often kept in public arsenals. In 1775, the British Army marched to Concord with the idea of seizing the arsenal where the Colonial militia stored its weapons. In January of 1787, a Massachusetts resident named Daniel Shays led eleven hundred men, many of them disaffected Revolutionary War veterans, in an attempt to capture an arsenal in Springfield; they had been protesting taxes, but they needed guns and ammunition. Springfield had been an arsenal since 1774. In 1777, George Washington, at the urging of Henry Knox, made it his chief northern arsenal. By 1786, Springfield housed the largest collection of weapons in the United States. In the winter of 1787, the governor of Massachusetts sent the militia to suppress the rebellion; the Springfield arsenal was defended. That spring, the Constitutional Convention met in Philadelphia. Among the matters the delegates were to take up was granting to the federal government the power to suppress insurgencies like Shays’ Rebellion. From Boston, Benjamin Franklin’s sister Jane wrote to him with some advice for “such a Number of wise men as you are connected with in the Convention”: no more weapons, no more war. “I had Rather hear of the Swords being beat into Plow-shares, and the Halters used for Cart Roops, if by that means we may be brought to live Peaceably with won a nother.”

The U.S. Constitution, which was signed in Philadelphia in September of 1787, granted Congress the power “to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions,” the power “to provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress,” and the power “to raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.”

Ratification was an uphill battle. The Bill of Rights, drafted by James Madison in 1789, offered assurance to Anti-Federalists, who feared that there would be no limit to the powers of the newly constituted federal government. Since one of their worries was the prospect of a standing army—a permanent army—Madison drafted an amendment guaranteeing the people the right to form a militia. In Madison’s original version, the amendment read, “The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.” This provision was made in the same spirit as the Third Amendment, which forbids the government to force you to have troops billeted in your home: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

None of this had anything to do with hunting. People who owned and used long arms to hunt continued to own and use them; the Second Amendment was not commonly understood as having any relevance to the shooting of animals. As Garry Wills once wrote, “One does not bear arms against a rabbit.” Meanwhile, militias continued to muster—the Continental Army was disbanded at the end of the Revolutionary War—but the national defense was increasingly assumed by the United States Army; by the middle of the nineteenth century, the United States had a standing army, after all. Harpers Ferry was the U.S. Army’s southern armory, Springfield its northern. In 1859, when John Brown and his men raided Harpers Ferry, they went there to get guns.

...In the two centuries following the adoption of the Bill of Rights, in 1791, no amendment received less attention in the courts than the Second, except the Third. As Adam Winkler, a constitutional-law scholar at U.C.L.A., demonstrates in a remarkably nuanced new book, “Gunfight: The Battle Over the Right to Bear Arms in America,” firearms have been regulated in the United States from the start. Laws banning the carrying of concealed weapons were passed in Kentucky and Louisiana in 1813, and other states soon followed: Indiana (1820), Tennessee and Virginia (1838), Alabama (1839), and Ohio (1859). Similar laws were passed in Texas, Florida, and Oklahoma. As the governor of Texas explained in 1893, the “mission of the concealed deadly weapon is murder. To check it is the duty of every self-respecting, law-abiding man.”

Although these laws were occasionally challenged, they were rarely struck down in state courts; the state’s interest in regulating the manufacture, ownership, and storage of firearms was plain enough. Even the West was hardly wild. “Frontier towns handled guns the way a Boston restaurant today handles overcoats in winter,” Winkler writes. “New arrivals were required to turn in their guns to authorities in exchange for something like a metal token.” In Wichita, Kansas, in 1873, a sign read, “Leave Your Revolvers at Police Headquarters, and Get a Check.” The first thing the government of Dodge did when founding the city, in 1873, was pass a resolution that “any person or persons found carrying concealed weapons in the city of Dodge or violating the laws of the State shall be dealt with according to law.” On the road through town, a wooden billboard read, “The Carrying of Firearms Strictly Prohibited.” The shoot-out at the O.K. Corral, in Tombstone, Arizona, Winkler explains, had to do with a gun-control law. In 1880, Tombstone’s city council passed an ordinance “to Provide against the Carrying of Deadly Weapons.” When Wyatt Earp confronted Tom McLaury on the streets of Tombstone, it was because McLaury had violated that ordinance by failing to leave his gun at the sheriff’s office.

The National Rifle Association was founded in 1871 by two men, a lawyer and a former reporter from the New York Times. For most of its history, the N.R.A. was chiefly a sporting and hunting association. To the extent that the N.R.A. had a political arm, it opposed some gun-control measures and supported many others, lobbying for new state laws in the nineteen-twenties and thirties, which introduced waiting periods for handgun buyers and required permits for anyone wishing to carry a concealed weapon. It also supported the 1934 National Firearms Act—the first major federal gun-control legislation—and the 1938 Federal Firearms Act, which together created a licensing system for dealers and prohibitively taxed the private ownership of automatic weapons (“machine guns”). The constitutionality of the 1934 act was upheld by the U.S. Supreme Court in 1939, in U.S. v. Miller, in which Franklin Delano Roosevelt’s solicitor general, Robert H. Jackson, argued that the Second Amendment is “restricted to the keeping and bearing of arms by the people collectively for their common defense and security.” Furthermore, Jackson said, the language of the amendment makes clear that the right “is not one which may be utilized for private purposes but only one which exists where the arms are borne in the militia or some other military organization provided for by law and intended for the protection of the state.” The Court agreed, unanimously. In 1957, when the N.R.A. moved into new headquarters, its motto, at the building’s entrance, read, “Firearms Safety Education, Marksmanship Training, Shooting for Recreation.” It didn’t say anything about freedom, or self-defense, or rights.
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Comments

  • brianluxbrianlux Moving through All Kinds of Terrain. Posts: 42,428
    Good article, Byrnzie. Makes sense to me. Thanks for posting it.
    "Pretty cookies, heart squares all around, yeah!"
    -Eddie Vedder, "Smile"

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