Exam #1 Flashcards
Fear of Crime hypothesis
High profile crimes happen and feel the need to purchase a firearm
Collective Security hypothesis
neighborhood watch, community policing, idea that law enforcement takes a long time, drives decision to buy guns
Brown v. U.S
No duty to retreat is asserted by U.S S.C
Law has grown, even if historical mistakes have contributed to its growth and tended in the direction of rules consistent with human nature
Minnesota v. Gardner
Case situated within frontier conditions of Minnesota
- shoots Garrison in argument over hay
- killing as premeditated
- faced each other in open space with intent to kill or do bodily harm
Runyan v. State of Indiana
Tensions in 1876 lead to street brawl
Rauyan convicted of manslaughter judge instructs jury to consider legal duty to retreat
Overturns conviction, tendency of American mind seems to be very strong against the enforcement of any rule with requires a person to flee when assailed
Erwin v. State of Ohio 1876
Erwin convicted of second degree murder of son in law for argument in shed
Overturned conviction, “A true man without fault is not obligated to fly from an assailant”
Do contemporary gun policies reflect and result in racial disparities particularly in gun ownership and licensing?
gun mechanism of initiating control of color line
Culture of Jim Crow
Difficult to regulate concealed carry
Culture of Honor
Emphasis on honor
Willingness to settle
Problems with violence
Tolerance of corporeal punishment
Slave Patrols
Working Class men
Early Policing Units
Harsh punishment, limited by economic imperatives
Dueling
Gentleness and respectful attentions of one man to another
Legal restrictions to dueling
Non-Participation oaths
Prohibitions on concealed carrying of weapons
Remaking Firearms Industry
Buyers who need guns
- govt. contracts
- Indvl. Purchasers
- hunters
- collectors
Racist roots of gun control
19th c. Northern trajectory - race-neutral -restrictive 19th c. Southern trajectory -racially disparate -permissive
Strange career of Jim Crow Gun Cultures
South and lynch laws, racist roots of gun control
First concealed weapons revolution May issue, licensing and admin. State
Gun licenses
Marriage licences
Virginia Bureau of vital statistics
May Issue
Issued at the discretion of the board
Negro Militias
Post civil war
-Security, Dignity & citizenship to defend in a moments notice
Originalism
Constitutions meaning fixed time of writing
Justice Scalia
Osian Sweet
African American Physician noted for his armed self-defense against a white mob who tried to force him out of his home. Jim Crow laws increased in North, impacted gun laws, happened in Detroit
Incorporation
14th amendment–> No state shall deprive a person of life, liberty or property
Slaughterhouse Cases–> lawfulness of monopolizing slaughter business under state police power
-held only applies to unequal treatment of racial group s
U.S Cruikshank
Limited incorporation of Bill of Rights to states and Ruled that equal protection applied to states but not individuals
Populist Militias
temporarily integrated
D.C v. Heller
forcing Courts hand
–> D.C firearms Control Regulation Act of 1975
–> Ban on handguns
–> All handguns banned by trigger lock
Individual right to own and possess common guns at the time
Constitutional regulations - self defense
restricting gun carry, dangerous and unusual
Castle Doctrine
No legal requirement to flee a deadly attack in one’s domicile
Dick Heller sued which jurisdiction for violating the second amendment?
Washington D.C
What kind of right is the 2nd amendment according to Scalia?
Individual right
What factors made the confiscation of guns impractical in the aftermath of the civil war?
widespread ownership due to self-defense concerns
Black codes of the late 1860s used race as a basis to restrict
Property rights
Travel
Gun Ownership
All of the Above
White Supremacist Militias
KKK, People’s Club, provoke riots, engage in racial cleanings, lynchings
States that have no RKBA provision?
California, Iowa, Maryland
Antonin Scalia
Supreme Court Justice originalist on how U.S Constitution should be based on intent of authors and meaning in historical context
Culture of Control
David Garland
Fear of Crime
Expectation of State Intervention
Reliance on responsibilization
Miller v. U.S
S.C determined that it was necessary to regulate certain types of guns that were not common and were seen as unusual
St. Valentines Day Massacre
National Firearms Act of 1934
Full auto & short barreled rifles
According to Cornell, in Antebellum South a concealed weapon was considered
unmanly
wyatt Earp
Known for his participation in a notorious gunfight at the O.K corral in Tombstone
Moved from towns, gunslinger and virtuous lawman and best gunslinger in the West
Gun Control Act of 1968
- prohibition on direct mail-ordering
- comprehensive licensing system, including serial numbers
- Age restrictions
- Felon prohibition
- Restricted Importation
- Bombs, mines and other destructive devices fed. regulated
Dead letter into a living personal right to arms
mistrustful of govt. action
believes in zero sum game of security between victims and criminals
celebrates crime victims as possessors of truth more important than scientific study
recognizes lethal violence as legitimate to lethal violence
Deacons for Defense
- Black militia
- Faced off with KKK
- Provided security during 1966 March Against Fear
- compelled fed. govt. to intervene in Louisiana Law Enforcement
Robert Williams
Military veteran
Used NRA charter to start “Rifle Club”
Desegregated pools
Condemned by the NAACP but set off a model of armed organizing
Black Panther Party for self-defense
named in Lowndes AL group formed in 1966 Oakland CA
Huey Newton and bobby Seale radicalized by U.S constitution
Black Panther Party for Self-Defense Point 7
Immediate end to police brutality and murder of black people
Organized black self-defense groups
Defend against police oppression and brutality
Mulford Act of 1967
Ronald Reagan as governor of Californa prohibited the carrying of firearms on one’s person or in a vehicle, in any public place or public street, law aimed at stopping Black Panthers, but affected gun owners
War on Crime
central purpose of govt. to protect americans from acts of criminal violence by other americans
State: governing through crime
Society: culture of control
The Second Gun Carry Revolution
Three major transformations
Explosion of guns in everyday life
Expansion of use of guns for protection
Shifting sensibilities about relationship between guns and civic duty
Duty to Retreat
legal requirement to flee and attack outside ones domicile “king has the authority”
Not legally allowed to use deadly force to defend himself
No Duty to Retreat
Legally allowed to use deadly force to defend himself
