The History of Bans on Types of Arms Before 1900

Before 1900, was there a legal history in America of prohibiting particular types of arms? Yes, but it is very short. The far more common policy for controversial arms, such as Bowie knives or handguns, was forbidding concealed carry, limiting sales to minors, or imposing extra punishment for use in a crime.

My coauthor Joseph Greenlee and I explain it all in our 165 page article, The History of Bans on Types of Arms Before 1900, recently submitted to law reviews. Here is the abstract:

This Article examines all American state, territorial, and colonial laws that prohibited possession or sale of any type of arm. Also covered are English laws before 1776, and the Dutch and Swedish colonies in America.

Among the arms studied are handguns, repeating guns, Bowie knives, daggers, slungshots, blackjacks, brass knuckles, and cannons.

The U.S. Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen directs lower courts to review modern gun control laws in part by analogy to historic laws before 1900. This Article provides the resources to do so, and offers its own analysis.

Besides describing prohibitory laws, the Article details other types of regulation, such as forbidding concealed carry, forbidding all carry, restricting sales to minors, licensing dealers, or taxing possession. It is the first comprehensive study of historic American laws about knives, swords, and blunt weapons.

It is also the first comprehensive study of the types of arms for which colonies and states required ownership by militiamen, by some men not in the militia, and by some women.

The arms regulation laws and cases of the 19th century are examined in the context of the century’s tremendous advances in firearms. The century that began with the single-shot muzzle-loading musket ended with modern semiautomatic handguns and magazines.

Synthesizing Supreme Court doctrine with historic statutes and cases, the Article concludes that prohibitions on semiautomatic rifles and magazines lack foundation in American legal history. In contrast, other regulations, such as restricting the purchase of certain arms by minors, have a stronger historic basis.

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March 22

1508 – Ferdinand II of Aragon commissions Amerigo Vespucci as chief navigator of the Spanish Empire.

1621 – The Pilgrims of Plymouth Colony sign a peace treaty with Massasoit of the Wampanoags.

1622 – Algonquian Indians kill 347 English settlers around Jamestown, Virginia, a third of the colony’s population, during the Second Anglo-Powhatan War.

1630 – The Massachusetts Bay Colony outlaws the possession of cards, dice, and gaming tables.

1638 – Anne Hutchinson is expelled from Massachusetts Bay Colony for religious dissent at odds with the established Puritan clergy.

1713 – The Tuscarora War comes to an end with the fall of Fort Neoheroka, effectively opening up the interior of North Carolina to European colonization.

1765 – The British Parliament passes the Stamp Act that introduces a tax to be levied directly on its American colonies.

1794 – The Slave Trade Act of 1794 bans the export of slaves from the United States, and prohibits American citizens from outfitting a ship for the purpose of importing slaves

1871 – In North Carolina, William Woods Holden becomes the first governor of a U.S. state to be removed from office by impeachment.

1895 –  Brothers Auguste and Louis Lumière demonstrate motion picture technology for the Société pour L’Encouragement à l’Industrie, in Paris.

1933 – Nazi Germany opens its first concentration camp, at Dachau, Germany, near Munich. Today, it is maintained as a museum and example of Nazi tyranny.

1960 – Working at Bell Telephone Laboratories, Murray Hill, New Jersey, Arthur Leonard Schawlow and Charles Hard Townes receive the first patent for a laser.

1972 – In the case of Eisenstadt v. Baird, the Supreme Court decides that unmarried persons have the right to possess contraceptives.

1978 – Karl Wallenda of The Flying Wallendas dies after falling off a tight-rope suspended between two hotels in San Juan, Puerto Rico.

1988 – Congress votes to override President Reagan’s veto of the Civil Rights Restoration Act of 1987.

1992 – USAir Flight 405, a Fokker- F28, crashes shortly after takeoff from New York City’s LaGuardia Airport, killing 24 of the 69 passengers and crew aboard.

1993 – Intel Corporation ships the first Pentium chips to market.

1997 – Tara Lipinski, aged 14 years and 9 months, becomes the youngest women’s World Figure Skating Champion.

2004 – Ahmed Yassin, co-founder and leader of the Palestinian Sunni Islamist terrorist group Hamas, 2 bodyguards, and 9 bystanders are killed in the Gaza Strip when hit by Israeli Air Force Hellfire missiles.

2006 – 3 Christian Peacemaker Team (CPT) hostages are freed by British forces in Baghdad after 118 days of captivity and the murder of their colleague from the U.S., Tom Fox.

2019 – The Special Counsel investigation on the 2016 United States presidential election concludes when Robert Mueller submits his report to the United States Attorney General.

2021 – At a King Soopers supermarket in Boulder, Colorado, Syrian born, and naturalized citizen, Ahmad Al Aliwi Al-Issa kills 10 people and wounds another before being shot,  wounded and captured by  police. Found mentally incompetent, he has not stood trial to date and is being held at a state hospital in Pueblo.

Cert. Petition on the First Amendment and Coercive Government Threats in NRA v. Vullo.

William Brewer, Sarah Rogers & Noah Peters of Brewer Attorneys & Counselors and I filed a petition earlier this month asking the Supreme Court to review the Second Circuit decision in NRA v. Vullo; I think many of our readers will find it interesting (my apologies for the delay in passing it along).

I generally tend to agree with the NRA’s ideological views, to a considerable extent, but I would have been glad to be engaged to argue a similar case on behalf of groups I disagreed with as well; it’s a pretty important First Amendment question that can affect groups with all sorts of views. (Note that the ACLU filed an amicus brief on NRA’s side in the District Court.) Here’s our Introduction:

The Second Circuit’s opinion below gives state officials free rein to financially blacklist their political opponents—from gun-rights groups, to abortion-rights groups, to environmentalist groups, and beyond. It lets state officials “threaten[ ] regulated institutions with costly investigations, increased regulatory scrutiny and penalties should they fail to discontinue their arrangements with” a controversial speaker, on the ground that disfavored political speech poses a regulable “reputational risk.”

It also permits selective investigations and penalties targeting business arrangements with disfavored speakers, even where the regulator premises its hostility explicitly on an entity’s political speech and treats leniently, or exempts, identical transactions with customers who lack controversial views. In sum, it lets government officials, acting with undisguised political animus, transmute “general backlash” against controversial advocacy into a justification for crackdowns on advocates (and firms who serve them), eviscerating free speech rights.

Reaching this result, the Second Circuit disregards basic pleading standards and undermines fundamental First Amendment freedoms. It also departs from this Court’s precedent in Bantam Books, Inc. v. Sullivan and from the Seventh Circuit’s precedent in Backpage.com, LLC v. Dart.

This case arises from a series of actions—including press releases, official regulatory guidance, and contemporaneous investigations and penalties—issued by or on behalf of New York’s powerful Department of Financial Services (“DFS”) against financial institutions doing business with the NRA. Among other things, the Complaint states that Superintendent Maria Vullo: (1) warned regulated institutions that doing business with Second Amendment advocacy groups posed “reputational risk” of concern to DFS; (2) secretly offered leniency to insurers for unrelated infractions if they dropped the NRA; and (3) extracted highly-publicized and over-reaching consent orders, and multi-million dollar penalties, from firms that formerly served the NRA. Citing private telephone calls, internal insurer documents, and statements by an anonymous banking executive to industry press, the Complaint alleges that numerous financial institutions perceived Vullo’s actions as threatening and, therefore, ceased business arrangements with the NRA or refused new ones.

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More Caught Illegally Crossing Southern Border in 1 Year of Biden Than Entire Trump Presidency.

“Our top priority is to keep terrorists and their weapons from entering the United States.” So says the website of U.S. Customs and Border Protection.

The same webpage that makes this declaration includes a table that provides some relevant data for the fiscal years from 2017 to 2023. It lists how many individuals on the Terrorist Screening Dataset (commonly known as the “terrorist watchlist”) were encountered by the Border Patrol as they were trying to illegally sneak into the United States between the ports of entry on our southern border.

The Terrorist Screening Dataset, says the webpage, “originated as the consolidated terrorist watchlist to house information on known or suspected terrorists (KSTs) but has evolved over the last decade to include additional individuals who represent a potential threat to the United States, including known affiliates of watchlisted individuals.”

In fiscal year 2017, when Donald Trump was inaugurated as president, the Border Patrol encountered just two individuals on the terrorist watchlist trying to sneak across the southern border between the ports of entry. In fiscal year 2018, it encountered six. In fiscal year 2019, it encountered none; and, in fiscal year 2020, it encountered three.

In fiscal year 2021, the year President Joe Biden was inaugurated, there was a substantial shift in the trend. That year, the number of individuals on the terrorist watchlist that the Border Patrol encountered trying to sneak across the southern border increased fivefold to 15.

Then, in fiscal year 2022, it climbed to 98. So far in fiscal year 2023, which isn’t even half over yet, the Border Patrol has encountered 69 individuals on the terrorist watchlist trying to sneak across our southern border between the ports of entry.

How many on the terrorist watchlist have actually succeeded in illegally crossing our southern border into the United States? There is no way to know.

What we do know is that it only took 19 foreign terrorists who had made their way into the United States to hijack four domestic flights on Sept. 11, 2001.

While the Border Patrol managed to catch 98 on the terrorist watchlist trying to illegally cross our southern border between the ports of entry last year, is it possible there were 19 the Border Patrol did not catch?

There has also been a massive upward trend in the number of aliens the Border Patrol has “apprehended” or “encountered” as they tried to illegally cross the U.S.-Mexico border between the ports of entry.

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You will be made to conform……….

California Hospital Refuses Transplant Surgery for Unvaccinated Woman With End-Stage Kidney Disease.

SAN DIEGO, Calif.—Even on a good day, Linda Garinger of Ramona, California, thinks about dying.

Since she went on kidney dialysis two years ago, she’s had a heart attack and a cardiac episode associated with her thrice-weekly treatments.

Her energy is low as her other vital organs slowly fail. Her blood pressure is out of control—hovering at around 200 systolic over “100-something”diastolic whenever she undergoes dialysis.

Garinger feels it’s only a matter of time before her next heart attack, which could prove fatal unless she gets a new kidney.

“The dialysis is very stressful on me. My vision is going. My hair is falling out. I’ve got skin cancer,” said Garinger, 68. “They said it’s from the dialysis not filtering out all the bad stuff.

“My biggest fear is I’ll have a heart attack during dialysis. I’m just going downhill right now.”

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Great news for 3D printing of guns.

By cracking a metal 3D-printing conundrum, researchers propel the technology toward widespread application

By cracking a metal 3D-printing conundrum, researchers propel the technology toward widespread application

Researchers have not yet gotten the additive manufacturing (or 3D printing) of metals down to a science completely. Gaps in our understanding of what happens within metal during the process have made results inconsistent. But a new breakthrough could grant an unprecedented level of mastery over metal 3D printing.

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Poll claims younger Republicans support gun control

There is a serious effort to try and paint gun control as having broad support. The idea here is to make it appear as if pro-gun lawmakers are out of touch with the public in hopes that they’ll bow to pressure and pass restrictions.

Remember that everyone loves a legislator who holds firm to their principles right up until those principles are something the individual voter disagrees with. Then they should totally change and that’s not a violation of principles at all.

Funny, that.

Anyway, with this effort, there tend to be a ton of polls saying gun control has all this support. Kind of like this one that argues Gen Z, Millennial Republicans support it.

Despite widespread overall support for gun control and majority belief in gun rights among Republicans, 59% of Americans report that they’ve engaged in no political activities in the past 30 days in support or opposition to gun access. However, younger generations may be the catalyst for change regarding policy on guns.

The opinions of young Republicans, in particular, differ from those of their older counterparts. Gen Z and Millennial Republicans — adults born in 1982 or more recently — are more likely than older Republicans to believe that gun laws should be more restrictive (39% vs. 22%). Support for more restrictive gun laws has continued to trend upwards among young Republicans – to 47% in February 2023 from 41% in August 2022 – while members of the older generation of Republicans are more likely to believe gun laws are sufficient as they are today. Similarly, 32% of young Republicans think the Constitution protects access to guns only for militias – more than double the share of older Republicans (13%) who think so.

Except that’s only part of the story.

Yes, 39 percent favor gun control but another 39 percent think the laws are just fine and another 22 percent think the current laws are too restrictive.

Conversely, there is 32 percent of Gen Z and Millennial Democrats who think gun laws are either good where they are or too restrictive.

But it’s funny how that’s not the story here, only that 39 percent of younger Republican voters want more gun control. It’s almost as if they’re trying to push a particular narrative and somehow pressure GOP lawmakers into passing some particular bit of legislation.

Nah, I’m sure it’s just a coincidence that they framed it that way and pretty much glossed over the fact that 32 percent of Democrats don’t want more gun control.

And the poll doesn’t get into specifics, either, with regard to those younger Republicans. Arguably, support for a red flag law and literally nothing else constitutes wanting more restrictions than the status quo, but is well short of “ban ’em all.” That doesn’t show up on polls like this.

Then there’s the question of just how significant that support is–another subject they didn’t get into, I should note.

There are people who have some vague notions of supporting a given policy but aren’t supportive enough to actually do much of anything about it. They might think a gun control law is a good idea, but they won’t base who they vote for on it.

Republicans, regardless of their age, aren’t about to jump ship and vote Democrat just because of gun control. That doesn’t show up in polls, either.

March 21

630 – Emperor Heraclius of Byzantium returns the True Cross relic to Jerusalem from Constantinople.

1788 –  Le Grand incendie de La Nouvelle Orléans – The Great New Orleans Fire, destroys 856 of the 1,100 structures in the city (now the French Quarter) in less than 5 hours.

1871 – Journalist Henry Morton Stanley begins his trek across Africa to find the missionary and explorer, Dr. David Livingstone.

1925 – The Butler Act prohibits the teaching of human evolution in Tennessee.

1928 – As he held a commission in the U.S. Army Air Corps Reserve, Charles Lindbergh is awarded the Medal of Honor for the first solo trans-Atlantic flight the previous year.

1963 – Alcatraz Federal Penitentiary in California closes.

1965 – NASA launches Ranger 9, the last unmanned lunar space probe.

1970 – The first Earth Day proclamation is issued by Joseph Alioto, Mayor of San Francisco.

1980 – President Carter announces a U.S. boycott of the 1980 Summer Olympics in Moscow to protest the Soviet–Afghan War.

1989 – Transbrasil Flight 801, a Boeing 707, crashes near São Paulo/Guarulhos International Airport, killing the 3 crew aboard and 22 more people on the ground.

1999 – Bertrand Piccard and Brian Jones become the first to circumnavigate the Earth in a hot air balloon.

2006 – The social media site Twitter is founded.

 

Fauci Caught Saying the Quiet Part Out Loud About the COVID Vaccine During PBS Special

We should all reconcile with the fact that Dr. Anthony Fauci is never going away; too many people idolize the man. He’s become a cult-like figure for the COVID freaks on the Left, the male version of Hillary Clinton. Like herpes, you may not see Fauci daily, but he’ll say ‘hey’ every few years. PBS is doing a documentary about that man who got everything wrong about the coronavirus. In some segments posted on social media, Fauci is walking around DC with Mayor Muriel Bowser, trying to increase vaccine rates among black neighborhoods. They were met with skepticism (via Fox News):

The exchange was documented by PBS for an upcoming program on Fauci as part of its “American Masters” series, which aims to help viewers “discover insightful profiles of important figures in America’s artistic and cultural life.”

In a clip from the program titled “Dr. Fauci visits D.C. to battle vaccine hesitancy,” Fauci and Bowser are shown in June 2021 walking the streets of Ward 8 of Anacostia in southeast D.C. – a historical African-American neighborhood that Fauci called “disenfranchised” with low vaccination levels. At the time of the video, Fauci was the director of the National Institute of Allergy and Infectious Diseases.…

One man challenged the renowned doctor and the Democratic mayor by saying that “the people in America are not settled with the information that’s been given to us right now.”

“So, I’m not going to be lining up taking a shot on a vaccination for something that wasn’t clear in the first place,” he said.

He pressed Fauci and Bowser about the length of time it took to develop the vaccine and said, “Nine months is definitely not enough for nobody to be taking no vaccination that you all came up with.”

Bowser defended the vaccinate by saying, “The only reason I’m talking to you right now, as close as we are, is that I’ve been vaccinated,” as she stood about six feet from the man on the front porch of his home.

“But if thousands of people like you don’t get vaccinated, you’re going to let this virus continue to percolate in this country and in this world,” Bowser said.

“Something like the common flu then, right?” the man interjected.…

“[Your] campaign is about fear. It’s about inciting fear in people. You all attack people with fear. That’s what this pandemic is. It’s a fear, it’s fear, this pandemic. That’s all it is,” he said as Fauci and Bowser walked away.

Another woman also challenged the duo, saying, “I heard that [the vaccine] doesn’t cure it, and it doesn’t stop you from getting it.”

The pure comedic aspect surfaces when Fauci blames red states for not pushing vaccination, saying they will keep COVID around as new outbreaks occur. Sir, you’re in deep-blue DC, and people are skeptical of getting vaccinated. Also, the cat was already out of the bag: COVID is endemic. The one thing that Fauci should have come away with during this little walk through DC is that he’s abysmal at messaging. He also said that Republicans needed to be broken to his whims on vaccination.

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Shot: defund the police
Chaser: I am begging for more police

Liberals are never, ever held to account.

San Francisco District Supervisor Hillary Ronen is “begging” for more police officers in the Mission District. Crime is out of control, and the city absolutely has to do something about it.

It’s a disaster! Somebody do something!

You have to sympathize with her and her constituents. Sure sounds like things are really bad out there. I wonder how any city could allow such a degradation in its policing capability?

Hillary Ronen is the one to ask. She led the fight to defund the police, after all.

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Two dead after Garland apartment resident shoots burglars in self-defense

Two suspected burglars were found dead at a Garland apartment complex after a man said they broke into his apartment and began firing shots. The resident returned fire, fatally shooting both, police said.

Just after 2:30 a.m. Saturday, Garland police were dispatched to a burglary in progress where gunshots were fired. Police responded to Woodlands at The Preserve, an apartment complex in the 4300 block of North Garland Avenue.

When they arrived at the scene, officers observed two men who suffered from apparent gunshot wounds, according to police. One victim was found inside the apartment, and the other victim was found outside near the same residence. Paramedics responded, and both victims were declared dead at the scene. The resident of the apartment informed police that the two men forced entry into his unit and began shooting at him. The resident said he returned fire back to defend himself, according to police.

The Dallas County Medical Examiner has not released the names or ages of the deceased men. Detectives are still trying to determine why the individuals targeted the apartment.

March 20

1760 – The Great Boston Fire of 1760 destroys 349 buildings, as well as several ships in port, leaving over 1ooo people homeless. but with no reported deaths.

1815 – After escaping from Elba, Napoleon enters Paris with a regular army of 140,000 and a volunteer force of around 200,000, beginning his “Hundred Days” rule.

1852 – Harriet Beecher Stowe’s book Uncle Tom’s Cabin is published.

1854 – The Republican Party of the United States is organized in Ripon, Wisconsin.

1883 – The Paris Convention for the Protection of Industrial Property – still in force – is signed…….in Paris.

1915 – Albert Einstein publishes his general theory of relativity.

1922 – CV-1, the USS Langley is commissioned as the first U.S. Navy aircraft carrier.

1933 – As Chief of Police of Munich, Reichsführer SS Heinrich Himmler orders the creation of Dachau concentration camp.

1952 – The US Senate ratifies the Security Treaty Between the United States and Japan.

1985 – Libby Riddles becomes the first woman to win the 1,135 mile long Iditarod Trail Sled Dog Race, which commemorates the the 1925 diphtheria antitoxin serum dog sled run from Anchorage to Nome.

1995 – The Japanese cult Aum Shinrikyo carries out a sarin gas attack on the Tokyo subway, killing 13 people and injuring over 6,200 more.

2003 – Under authority of The Authorization for Use of Military Force Against Iraq Resolution of 2002, passed by Congress in October, U.S. and Allied ground forces invade Iraq, due to the reports of violations of the 1991 ceasefire agreement.

2015 – The Northern Hemisphere Vernal Equinox, a Solar Eclipse, and a Perigee Syzygy “Supermoon” all occur on the same day.

Shootist Jim Taylor confirmed a text I received that John Linebaugh suffered a heart attack this afternoon and has passed way.

He was a friend. He will be missed.

Well it appears that “Devout Catholic” Joe Biden has the same definition of sin as his former boss: “Being out of alignment with my values.”

‘Close To Sinful:’ Biden Floats Possibility Of Nation-Wide Transgender Law.

President Joe Biden appeared to criticize Ron DeSantis on his handling of transgender youth and floated the possibility of a nation-wide transgender law in an interview clip released Monday.

“What’s going on in Florida, is as my mother would say, ‘close to sinful.’ I mean, it’s just terrible what they’re doing,” Biden said while speaking with actor Kal Penn.

“It’s not like … a kid wakes up one morning and says, ‘you know, I decided that I want to become a man or I want to become a woman … I mean, what are they thinking about here? They’re human beings, they love, they have feelings, they have inclinations,” Biden continued. “It’s cruel.”

“And the way we do it is we make sure we pass legislation like we passed on same-sex marriage. You mess with that, you’re breaking the law and you’re going to be held accountable,” Biden added.

DeSantis has led an administration-wide effort to ban sex change treatments for minors. He has said doctors should be sued for performing sex changes on children and suspended a state attorney refusing to adhere to the child sex change ban.

DeSantis also requested public universities report how many students they treated for “gender dysphoria,” and in October, the Florida Board of Medicine voted to ban sex change surgeries and hormone therapy for children under 18.

Dylan Mulvaney, a man who identifies as a woman and has garnered attention on social media for using hyper-feminine stereotypes, asked Biden in October if he thinks states should “have the right” to ban “gender-affirming health care.”

“I don’t think any state or anybody should have the right to do that, as a moral question and a legal question,” Biden responded.

“I just think it’s wrong,” Biden added. “I feel very, very strongly that you should have every single solitary right, including, including use of your gender identity bathroom in public.”

Florida Agency for Health Care Administration Secretary Jason Weida told the Caller that “the ‘gender-affirming’ model pushed by the Biden Administration is decades behind other developed countries, including Sweden and most recently Norway.”

“What is ‘sinful’ is the establishment pushing harmful surgeries and treatment with long-term effects on minors with no accountability or transparency,” Weida said.

“Last year, the Agency conducted a thorough review of several services promoted by the Federal Government to treat gender dysphoria and found that these services – sex reassignment surgery, cross-sex hormones, and puberty blockers – are not consistent with widely accepted professional medical standards and are experimental and investigational with the potential for harmful long term affects,” he added.

Sunday Thoughts: ‘Christianity and Liberalism’ at 100

I don’t remember how it came to my attention, but last summer, I downloaded the audiobook of J. Gresham Machen’s Christianity and Liberalism. I know, I know; it’s not exactly breezy summer reading (or listening), but I definitely don’t regret it. It’s worth pointing out that this year is the 100th anniversary of this landmark work.

Machen, an evangelical scholar at Princeton, wrote Christianity and Liberalism because he believed that “the chief modern rival of Christianity is Liberalism.” The book stemmed from the rising tide of liberal theology that was only growing in the early 1920s. Machen saw how liberalism was seeping into his beloved Princeton Theological Seminary, and that phenomenon alarmed him. He and others would go on to found Westminster Theological Seminary a few years later in an attempt to counter the liberalism at Princeton with biblical orthodoxy.

It’s astonishing how timely Machen’s words are a century later. In Christianity and Liberalism, “Machen combats liberal theology that crept into the once conservative Princeton Seminary with surgeon-like precision,” writes blogger Kevin Halloran. “His main thesis being that liberal Christianity is diametrically opposed to true, biblical Christianity.”

Halloran adds that Machen “destroys liberal thought with Scripture and logic while calling all men to true faith in the Savior and biblical faithfulness.”

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