Is gun control an issue for each state to decide?

From 1800 to 1865, the issues of gun rights rarely entered the national conversation. However, court cases in Kentucky and Arkansas set the stage for future debates about the Second Amendment. In 1822, the court in the Kentucky case decided that bearing arms was an individual right. In 1842, the court in Arkansas found that people could have guns, but each state could regulate their use and ownership. These opposing views marked the start of the first great debates on lethal weapons ...

A Culture of Guns

During the 1800s, America's demand for guns grew as quickly as the population did, especially as the country expanded westward. This period saw the start of several successful firearm manufacturers, including Colt and Remington. Competition between the companies sped up advances in technology. Guns became more accurate, more powerful, and more reliable every year.

During the Civil War, the science of gunmaking took another leap forward. Weapons were often created for purposes other than hunting or personal safety. They were made to kill other humans. More than four million guns were either made in the U.S. or imported from Europe during the war. When peace was declared, young men on both sides of the Civil War brought these weapons home with them — along with the knowledge of how to use them.

Many of these former soldiers headed west seeking adventure and fortune. This was the beginning of what Americans called the "Wild West." Daring train and stagecoach robberies, shootouts on streets and in saloons, and battles with Native Americans all became part of popular culture. These types of stories thrilled kids in the East who read about them in dime novels. Meanwhile, performers such as Buffalo Bill Cody, Frank Butler, and Annie Oakley brought audiences to their feet at Wild West shows. Even today, we still celebrate Western heroes and villains in movies, books, and television shows.

Denying Gun Ownership

It was in this atmosphere that the first serious questions about gun control reached the Supreme Court. Prior to the Civil War, no one believed strongly that a citizen of the United States should be denied the right to own a lethal weapon. This view changed after the Fourteenth Amendment passed in 1868. It stated that anyone born in the U.S. was now considered a citizen — including millions of slaves freed as a result of the Union's victory over the Confederate Army.

The thought of former slaves suddenly armed sent waves of panic through the South. Laws were passed to keep guns out of the hands of African Americans. Some outlawed people of color from owning all types of guns except for the most expensive pistols. This had the desired effect, as most African Americans in the South could not afford these weapons.

In 1873, after a disputed election in Colfax, Louisiana, a group of whites attacked a group of former slaves gathered at the city's courthouse. More than 100 African Americans were killed, most after they had surrendered. Two members of the white mob were arrested and charged under the Enforcement Act of 1870. The local court decided they were guilty of breaking this federal law, which made it illegal for two or more people to deprive anyone of their constitutional rights, including the right to bear arms. The Supreme Court eventually heard the case (United States v. Cruikshank) and overturned the conviction of the two men. The justices said that the Second Amendment allowed states to do as they pleased on the subject of gun rights.

Thirteen years later, the Supreme Court confirmed this position when it upheld the conviction of Herman Presser, who led an armed group of German Americans in Chicago. The group was formed to protect workers against the thugs hired by large companies to break up labor protests. The justices agreed that states and cities could make their own gun laws. However, they warned that a state could not disarm its citizens to the point where they no longer could form a militia.

By 1911, the question of whether a state could make its own firearms laws seemed to have been settled once and for all. In that year, New York enacted the Sullivan Law. It said that everyone owning or buying a handgun had to apply for a police permit.

The Sullivan Law passed with almost no opposition. Only the National Rifle Association (NRA) objected. The NRA was formed in 1871 to promote rifle ownership, marksmanship, and firearms safety. In 1911, it lacked the experience and organization to oppose New York's handgun law. That would change over the next 100 years. Should a group that mainly promoted rifles have been concerned with limiting the ownership of handguns in 1911?

Should the government outlaw certain types of weapons?

The Sullivan Law took a new step in the gun rights debate by targeting the owners of handguns because of how these weapons were used. In crowded cities such as turn-of-the-century New York, handguns were often the weapons of choice for criminals. The Sullivan Law tried to address this problem. If each handgun owner had a license on file with the police, fewer of these weapons would fall into the hands of criminals. This attempt to prevent crime by outlawing certain types of weapons triggered the next great debate on lethal weapons ...

The First National Gun Control Law

Just as the NRA and other early opponents of gun control feared, the Sullivan Law was used by the New York City Police Department to keep citizens from obtaining handguns. Business owners and people who handled a lot of cash were granted licenses for handguns. So were the wealthy and influential. This method of gun control spread to other states, with varying success.

One way of buying guns without a license was ordering them through the mail. This form of purchase enabled a person to build up an arsenal of weapons without ever applying for a license. Even where licenses were not required, it meant that gun owners could protect their privacy.

In the 1920s, during the early years of Prohibition, the use of guns became more widespread. The government had made it illegal to make, move, or sell liquor, but Americans still wanted to buy and drink alcohol. They were willing to pay a high price to do so. Criminals saw an opportunity to make a lot of money and formed organized gangs to meet this demand.

Gangsters found it easy to buy their guns through the mail. Once they were armed, they fought each other for control of towns and neighborhoods. Many innocent people were injured or killed in these battles. In 1927, under great public pressure, Congress passed a law banning the mail-order sale of handguns. This marked the first national gun control law.

The "Tommy" Gun

More lethal than the handgun was the automatic weapon. An automatic weapon is one...