We The People, session vi-Second Amendment

The U.S. Constitution
session 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.

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book in that prize's history to have its award rescinded.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, 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

Initially, Indians Were More Than a Match
2000-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

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

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 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

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

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

Mexican War era. Percussion pieces soon replaced them.
Springfield flintlock musket, M 1840
Springfield percussion musket, M 1861

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

Mexican War era•. Percussion pieces• soon replaced them.
repeaters like the Spencer carbine or the Henry rifle themselves.

Mexican War era•. Percussion pieces• soon replaced them.
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 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

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) Thesis
American 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 – 1932
photo ca. 1890

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

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:

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

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 civilizing
inﬂuence 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
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

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

Lone Ranger,•” Monday, Wednesday, Friday, “same time, same station,”
Ryder B-B guns, cap pistols, comics,
jbp

Lone Ranger,•” Monday, Wednesday, Friday, “same time, same station,”
Ryder B-B guns, cap pistols, comics, cowboy outfits. The Marty Robbins
record “Gunfighter Ballads.”
jbp

Rural and Urban Popula.ons
in 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

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

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 Man
Daniel 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 Centennial
a good time to take stock

The Centennial
a 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 Case
United 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

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 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
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

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

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

Hollywood, in typical style, rode the public fascination with “the
Public Enemy.”
The result--National Firearms Act of 1934.
jbp

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

firearms
silencers
a $200 tax was considered a deterrent

firearms
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)

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

for absurdly low prices--the so-called
Saturday Night Special (SNS)
no age limits, no background check

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

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

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-14
a SNS
Hinckley’s weapon

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”

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.
“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

“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 Postmortem
in 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

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 Shooters
2002-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 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

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

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?

was George Zimmerman justiﬁed in using lethal force
against this 17-year-old whom he claims assaulted him?
whoʼs the suspect?

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 charge
11 April-after nation-wide protests, and a personal
intervention by President Obama, Zimmerman was
charged
whoʼs the suspect?

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 charge
11 April-after nation-wide protests, and a personal
intervention by President Obama, Zimmerman was
charged
intense media coverage further polarized the country
24 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 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 others

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 others
The sole suspect...was arrested outside the cinema
minutes later
suspect

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 others
The sole suspect...was arrested outside the cinema minutes later
Both 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 Aurora
In 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 shooting
a deranged 20-year old fatally shot twenty children and
six adult staff members in a mass murder at Sandy Hook
Elementary School
before driving to the school he had shot and killed his
mother. As ﬁrst responders arrived, he committed suicide
by shooting himself in the head
It 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 School
before driving to the school he had shot and killed his mother. As first responders arrived,
he committed suicide by shooting himself in the head
It was the second deadliest mass shooting by a single person in American history, after the
2007 Virginia Tech massacre
Dec 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
legislation
Fear 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

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

“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.”

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….
“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.”

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...

We The People, session vi-Second Amendment

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