The right to keep and bear arms: civil right or not?
Right to Keep and Bear Arms is a DKos group of second amendment supporters who have progressive and liberal values. We don't think that being a liberal means one has to be anti-gun. Some of us are extreme in our second amendment views (no licensing, no restrictions on small arms) and some of us are more moderate (licensing, restrictions on small arms.) Moderate or extreme or somewhere in between, we hold one common belief: more gun control equals lost elections. We don't want a repeat of 1994. We are an inclusive group: if you see the Second Amendment as safeguarding our right to keep and bear arms individually, then come join us in our conversation. If you are against the right to keep and bear arms, come join our conversation. We look forward to seeing you, as long as you engage in a civil discussion.
First, what is a civil right? Let's get a couple different definitions.
Black's Law Dictionary:
link
What is CIVIL RIGHTS?
These are the rights that are granted to every citizen of the United States by the constitution and all of its amendments. Equal protection is guaranteed to every one regardless of race, colour and creed.
Last time I checked, the second amendment was considered one of the amendments contained within the Bill of Rights.
Law.com Dictionary:
link
n. those rights guaranteed by the Bill of Rights, the 13th and 14th Amendments to the Constitution...
Again, the right to keep and bear arms is guaranteed in the second amendment, which is in the Bill of Rights.
Let's take a look at some legislation dealing with RKBA as a civil right.
Civil Rights Act of 1866
Yes, it's a link to Wiki. It gives a decent overview.
This is also pulled directly from Wiki (and with two footnotes, if you'd like to check):
On March 9, 1866, Congressman John Bingham explained that, "the seventh and eighth sections of the Freedmen's Bureau bill enumerate the same rights and all the rights and privileges that are enumerated in the first section of this [the Civil Rights] bill."
So why am I bringing up the CRA of 1866 and the Freedmen's Bureau bill? Well, see that quote above by Bingham? Here's a
link and here's the seventh section:
Sec. 7.And be it further enacted, That whenever in any State or district in which the ordinary course of judicial proceedings has been interrupted by the rebellion, and wherein, in consequence of any State or local law, ordinance, police or other regulation, custom, or prejudice, any of the civil rights or immunities belonging to white persons, including the right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and to have full and equal benefit of all laws and proceedings for the security of person and estate, including the constitutional right of bearing arms, are refused or denied to negroes, mulattoes, freedmen, refugees, or any other persons, on account of race, color, or any previous condition of slavery or involuntary servitude, or wherein they or any of them are subjected to any other or different punishment, pains, or penalties, for the commission of any act or offence, than are prescribed for white persons committing like acts or offences, it shall be the duty of the President of the United States, through the Commissioner, to extend military protection and jurisdiction over all cases affecting such persons so discriminated against.
So why would the constitutional right to bear arms be a part of a Civil Rights Act?
Hmmm...
During the Civil Rights Act of 1875, the conversation in Congress had some interesting turns. At one point, a Congressman from Wisconsin brought up Cummings vs Missouri as a case that pointed out the French system allows for infringement of civil rights, including...
Drum roll please.
Bearing Arms.
link
In France, deprivation or suspension of civil rights, or of some of them, and among these of the right of voting, of eligibility to office, of taking part in family councils, of being guardian or trustee, of bearing arms, and of teaching or being employed in a school or seminary of learning, are punishments prescribed by her code.
Looks like Congress knew it was a civil right back when some of them were afraid the recently freed slaves would exercise said civil right.
Let's fast forward to something a little more recent. What about after you commit a federal felony, are convicted, serve your time, and want your civil rights restored? Well, let's go look at Texas.
CIVIL RIGHTS OF PERSONS CONVICTED OF FEDERAL FELONIES IN TEXAS
...
IV. Right to own a firearm
The Gun Control Act of 1968 states a convicted felon cannot receive, transport, own or possess any type of firearm, ammunition, or explosive material.
The Supreme Court held that federal felons remain subject to the federal firearms disability until their civil rights are restored through a federal procedure
I'm looking forward to the comments.