The Second, Militias, and Gun Control

Old time militias enforcing government sanctioned gun control? That’s certainly an image contrary to the one cultivated by many 2nd Amendment supporters. But while some harken back to a selective version of America’s past, in her recent book The Second, historian Carol Anderson carefully examines what purpose that amendment actually signified in practice. It’s a far cry from what modern day patriotic propaganda would have people believe.

Anderson’s work parallels one of the most exciting genres in American historical scholarship, which has seen increasing numbers of academics researching Black resistance movements that mobilized against post-Civil War Reconstruction and Jim Crow era persecution. While most white-washed histories of the Civil Rights struggle spin redemptive tales about noble suffering and non-violent tactics winning victories toward greater social equality, these new explorations grasp gut level human realities, often less appealing than earlier sanitized versions.

In just one sensational example, the historian Akinyele Umoja looked at a Mississippi region where KKK influence waned in the early 1960s, allowing establishment of successful voter registration drives. Yet digging deeper, he discovered this power vacuum only developed after Black militia members successfully repelled invading nightriders, before posting the decapitated head of one fallen Klansman on a bridge as warning. This act so horrified nearby white militants that they simply gave up control of the area. (1)

Anderson wrestles with issues no less intense, but from a different angle. She begins scrutinizing how gun control affected Black populations in the Americas under various colonial powers. During British rule, each of the original thirteen colonies enacted stringent laws forbidding enslaved population’s arms, plus highly regulating their ownership by any free people of color. (2) But even these small privileges were curtailed once the War of Independence began. North Carolina offered rewards to those who successfully confiscated guns from Black communities and other states clamped down harder as well. (3) No wonder they were fearful. Martha Washington was perhaps the first to use the phrase “contagion of liberty” (4) describing the terror herself and others whose wealth originated in human bondage felt after realizing so much lofty talk about Liberty, Inalienable Rights, and All Men Being Created Equal might spark similar aspirations among African-Americans, free or enslaved.

Indeed, many people of color were thrilled hearing these values so openly praised, yet in most states, militia membership and firearms had long been exclusively for whites only. Only after US forces suffered repeated defeats did several states begin recruiting Black men, including Connecticut, Massachusetts, Rhode Island, and Virginia. Then, when British forces began moving against South Carolina, US military officers begged state officials to let Black soldiers serve and bolster the ranks of exhausted militias. Incredibly, this American legislature deliberated and finally decided they preferred surrender to the British than allow non-whites arms. (5)

Henley’s Additional Regiment, an integrated unit from Massachusetts and New Hampshire, 1779.

Still, some free Black militias had existed for decades who trained with their own rifles and earned exceptionally brave reputations. This was not under United States law however, but allowed by Spanish and French colonial administrations, especially in Louisiana. As soon as these areas fell under American annexation, the 2nd Amendment provided no protection and gun control laws enforced by white militias disarmed these populations as well. (6) It actually became an embarrassing point during the War of 1812 after British regular soldiers smashed through ineffective militia forces and captured the US capitol. Their next target was New Orleans, where the governor of Louisiana recognized state militia troops were greatly insufficient. Faced with dire circumstances, he offered rifles to Black militia veterans and begged for help. Six-hundred volunteered and joined with a multi-racial force that contributed one of America’s few military victories in the entire war. General Andrew Jackson (of all people) even commended them for special valor. Yet instead of medals, these courageous men were afterward awarded heavy labor details in swamps and the Black militias forcibly disbanded once more. (7)

Anderson’s study exposes a familiar repetition marching forward. While it’s not uncommon for modern pro-2nd Amendment advocates to reference what became known as Black Codes, when denouncing firearms regulations as racist, more rarely do they acknowledge the enforcement role militias played. In the case of Georgia, white men were required to own guns, but specifically in legal reference to the militia’s need for self protection while searching the homes of Black families for weapons. (8) Moving deeper into the nineteenth-century, numerous other states passed strict laws, from Virginia, where free Black people found with firearms received thirty-nine lashes, to Florida, where white militias could search the homes of Black families for arms whenever they pleased, and the more lenient North Carolina, which allowed free Black people to apply for yearly permits before owning anything from shotguns to knives. (9)

A contemporary artist’s depiction of the Colfax Massacre

The list of draconian gun control measures considered legal under the 2nd Amendment, even long after slavery was abolished, stretches on. Time and again, it provided no protection for Black communities who defended themselves against organized violent attacks, from the Colfax Massacre of 1873, to the Hamburg Massacre of 1876, and the destruction of Black Wall Street in 1921. Courts and judges routinely dismissed the Constitution, Bill of Rights and 2nd Amendment included, as legal grounds for non-whites to enjoy their full human existence as Americans.

This should be a sharp wake up call to anyone still viewing the 2nd Amendment as some wise, holy governance handed down through time. It’s own authors supported the most invasive firearms confiscations in US history. Like the title of my weblog has long declared, the 2nd Amendment must be occupied and reformed… into a tool for seizing gun culture back from what the founders originally intended. Simply another way for maintaining white supremacy and upper class dominion. Liberty may be a contagion… and Martha Washington meant that as an insult- but we can still take pride spreading it far and wide.

  1. Akinyele Omowale Umoja. We Will Shoot Back. New York University Press, New York. 2013. 58-9. 
  2. Carol Anderson. The Second: Race and Guns in a Fatally Unequal America. Bloomsbury Publishing, New York. 2021. 18.
  3. Ibid. 18-19
  4. Ibid. 45.
  5. Ibid. 21.
  6. Ibid. 60.
  7. Ibid. 69.
  8. Ibid. 35.
  9. Ibid. 70-71.

2 thoughts on “The Second, Militias, and Gun Control

  1. Phillip

    This dovetails pretty well with what I’ve been listening to recently about Haiti and its liberation, and how it scared the hell out of white slaveowners in the US.

    Reply
    1. Ross Eliot Post author

      Professor Anderson actually talks a lot about that in her book… how it inspired even more attempts at keeping Black populations disarmed for fear of what happened there…

      Reply

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