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The Ugly History Gun Control Advocates Want the Supreme Court to Embrace

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Joseph Greenlee of NRA-ILA and George Mocsary of the University of Wyoming published an article in the Yale Law Journal. They maintain that racially targeted firearms bans from early America and Reconstruction, such as Black Codes, cannot serve as valid models for present-day limits merely because they were once on the books. In Wolford the Supreme Court dismissed Hawaii’s appeal to an 1865 Louisiana plantation statute and to kingdom-era customs when defending its vampire rule, stating that the Second Amendment carries identical force nationwide. Those older measures instead reveal the very abuses the Reconstruction Amendments were meant to halt. Courts should therefore weigh each law’s original design, later rejection, and any independent proof of legality, treating most as contrary examples rather than supporting tradition.

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