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Posts tagged Second Amendment
Origin of an Insurrection: How Second Amendment Extremism Led to January 6

By Brady: United Against Gun Violence.

In January 2020, Brady advocates planned to take part in an annual Martin Luther King Jr. gun violence prevention advocacy event at the Virginia State Capitol, but state officials cautioned would-be participants that 2020 would be different: Second Amendment extremists were planning to turn out. Out of caution, Brady cancelled its official participation in the event because an estimated 20,000 individuals from across the country, armed with assault-style rifles and wearing tactical gear, descended on the State Capitol in Richmond, VA. It was a deeply troubling moment for members of the gun violence prevention movement, who saw their First Amendment right to speak and assemble quashed by gun-toting extremists. We did not know then that the events of that day were only a dress rehearsal for far worse to come. On January 6, 2021, Congress was set to certify the results of the 2020 election. But extremists, many of them armed, mounted an insurrection with violent force that resulted in death and injury and nearly derailed Congress’ capacity to confirm a president duly elected by the citizens of the United States. For Brady supporters and gun violence prevention advocates, it was both a sickening gut punch and deja vu. Although only one of the four people killed on January 6 was shot, the 2021 attack had the same roots as the 2020 Virginia State Capitol unrest: Second Amendment extremism. Second Amendment extremism arises from what’s commonly known as the “insurrectionist” construction of the Second Amendment: a false interpretation fomented by extremists, marketed by the gun lobby, and adopted by some mainstream politicians, including the 45th President of the United States. Second Amendment extremism lays the foundation for much domestic unrest and weaponized terror throughout American history, including but not limited to the Oklahoma City Bombing, the armed agitation at the Michigan State Capitol, and yes — January 6, 2021. Indeed, investigations and firsthand accounts of January 6 show that many of its agitators were armed, ready, and willing to harm lawmakers. Accordingly, officers on duty at the U.S. Capitol that day had credible reasons to fear that many rioters were armed; a number of these officers have since testified before Congress that those fears hindered their ability to control the insurrectionist mob. Yet the common narrative around January 6 often omits the role of Second Amendment extremism. Ignoring the ways in which guns, and gun mythology, fuel domestic extremism in America has been — and will continue to be — a deadly error. For these reasons, this report sets out to examine the role U.S. gun culture and policy played in laying the foundation for January 6. If we do not spend time reflecting upon our past, we are doomed to repeat it — and that we cannot do, because human lives and bedrock civic principles hang in the balance of this understanding and reckoning. At Brady, we have confronted extremism before, and we know that unless we take action, we will face it again.

Washington, DC: Brady: United Against Gun Violence. 2022. 16p.

Securing Gun Rights by Statute: The Right to Keep and Bear Arms Securing Gun Rights by Statute: The Right to Keep and Bear Arms Outside the Constitution 

By Jacob D. Charles

In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of non constitutional gun rights confers broad powers and immunities on gun owners that go far beyond those required by the Constitution, like rights to bring guns on private property against an owner’s wishes and to carry a concealed firearm in public with no training or background check. This Article catalogues this set of expansive laws and critically assesses them. Unlike the formal constitutional guarantee, this broad collection is not solely libertarian, concerned only with guaranteeing noninterference with a negative right. Instead, it is also aggressively interventionist, countermanding contrary policy judgments by employers, universities, property owners, and local government officials, conferring robust rights and privileges, and shifting the distribution of violence in society. This Article underscores the rhetorical and legal connection between this gun rights expansionism and the formal Second Amendment guarantee. These laws do not derive from a judicial interpretation of the scope of the Constitution, but they are expressed and advocated for in constitutional terms. The Article also highlights how broad gun rights can create unique harm to the body politic and to marginalized groups by fostering fear and mistrust and empowering sometimes-problematic private actors to proactively police their own communities. Finally, the Article shows how gun-rights expansionism influences constitutional doctrine in the context of the Second Amendment, as well as of the First, Fourth, and Fourteenth Amendments.  

 Michigan Law Review Volume 120 Issue 4 2022  

The Great American Gun Myth: Race, and the Naming of the “Saturday Night Special”

By Jennifer L. Behrens & Joseph Blocher

At a time when Second Amendment doctrine has taken a strongly historical turn and gun rights advocates have increasingly argued that gun regulation itself is historically racist, it is especially important that historical claims about race and guns be taken seriously and vetted appropriately. In this short article, we evaluate the often-repeated claim that the nickname “Saturday Night Special” derives from the phrase “[n___er]-town Saturday night.” Based on a review of newspapers, legislative debates, dictionaries, slang compendiums, and other sources, we find no historical support for this claim. It apparently appeared for the first time, unsourced, in a 1976 article and has been repeated in dozens of briefs and scholarly sources since. Advocates and scholars should stop invoking this unsupported origin story, which if anything serves as a cautionary example of how citations can cascade. The most plausible origin of the nickname as it related to cheap firearms stemmed from the turn of the century when the phrase “Saturday night special” was already in common usage with connotations of cheapness and convenience. 

108 Minnesota Law Review Headnotes 283 (2024)