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U.S. Constitution
See other U.S. Constitution Articles

Title: Does the 2nd Amendment apply to African Americans?
Source: LA Times
URL Source: http://www.latimes.com/nation/la-na ... dment-20160707-snap-story.html
Published: Jul 8, 2016
Author: Erica Evans
Post Date: 2016-07-08 12:15:31 by Willie Green
Keywords: None
Views: 2637
Comments: 23

At a demonstration in the convenience store parking lot where Alton Sterling was shot and killed by police two days earlier, one black protester wondered whether blacks and whites really have the same right to carry guns.

"You tell American citizens that we have a right to bear arms, but when I bear arms, you want to shoot me," Travis Wilson, a chef and father of three, said Thursday morning.

He said he doesn’t actually own or carry weapons. But both Sterling, who was killed Tuesday in Baton Rouge, La., and Philando Castile, who was fatally shot the next day by police in Falcon Heights, Minn., were black men who did.

Their deaths elicited outrage from activists who claimed racial discrimination and police brutality. They have also launched a debate on social media over whether there is a double standard when it comes to the 2nd Amendment.

Castile, who was shot in a car after being pulled over for having a broken tail light, reportedly had a permit to carry a concealed weapon. In Minnesota, such permits are available to anybody at least 21 years old who meets certain conditions.

A woman who said she was Castile’s girlfriend live-streamed the aftermath of the shooting. “He’s licensed to carry,” she said in the video. “He was trying to get out his ID and his wallet out his pocket. And he let the officer know that he had a firearm.”

In the case of Sterling, who had a criminal history, his family said he was on probation, which would have disqualified him from legally carrying a gun in Louisiana. The state allows adults with clean records to carry guns openly without a permit.

“He’s got a gun!” somebody can be heard yelling in the video that captured Sterling’s death. Seconds later, he was shot.

Advocates of the 2nd Amendment have been uncharacteristically silent following the police shootings. The National Rifle Assn. did not respond to a request for comment.  

Rick McCann, executive director of the Nevada Assn. of Public Safety Officers, which represents 15,000 police officers, says anybody with a gun can be threat, regardless of whether it is being carried legally or not.

“People have to understand that the officer does not know you,” he said. “If he sees a weapon and in some fashion you reach towards it, if he perceives a threat, the officer will go into a different mode, and that’s the problem we run into.”

But equal rights activists point to several cases to support their contention that 2nd Amendment rights are not being evenly protected.

Steve Lohner, a white teenager, walked away with a citation in 2014 after carrying a loaded shotgun down a Colorado street and refusing to show police his identification. The same year, John Crawford III and Tamir Rice, both black, were killed while holding toy guns in the open-carry state of Ohio.

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#1. To: Willie Green (#0)

Sterling, who had a criminal history

How euphemistic. Convicted felon and rapist.

Roscoe  posted on  2016-07-08   12:25:25 ET  (1 image) Reply   Trace   Private Reply  


#2. To: Willie Green (#0)

"Castile, who was shot in a car after being pulled over for having a broken tail light, reportedly had a permit to carry a concealed weapon."

According to his girlfriend, and she wouldn't lie.

misterwhite  posted on  2016-07-08   12:54:24 ET  Reply   Trace   Private Reply  


#3. To: Willie Green (#0)

Does the 2nd Amendment apply to African Americans?

I dunno.

Does the 1st Amendment apply to White Americans?

Does the 4th Amendment apply to non-ruling class Americans?

Do any laws apply to the Xlintons or the Obamas?

Gee Willie, this pit one group against another game you and Zero came up with is fun.

Let's play some more.

"Blessed is the nation whose God is the LORD . . . "

~Psalm 33:12a

Rufus T Firefly  posted on  2016-07-08   13:09:11 ET  Reply   Trace   Private Reply  


#4. To: Willie Green (#0)

Nogs don't respect our founding fathers and the principles they stood for to begin with, so why should they get to enjoy the benefits? Besides, their lack of impulse control should preclude them from owning anything more dangerous than a spoon.

Logsplitter  posted on  2016-07-08   14:10:59 ET  Reply   Trace   Private Reply  


#5. To: Willie Green (#0)

This is why black people get killed. They accept BS as truth. Rice got killed because he was brandishing a pistol in public and then pointed at a cop.

You guys keep trying to intermix different issues into one because you got a chip on your shoulders.

Intercity people(of any race) better learn you live like a gangster you will die like a gangster. There can not be a society with gangsters in it.

Justified  posted on  2016-07-08   15:50:40 ET  Reply   Trace   Private Reply  


#6. To: Willie Green (#0)

[Article] Does the 2nd Amendment apply to African Americans?

This is a poorly worded question.

The Right to Keep and Bear Arms applies to African Americans.

The 2nd Amendment applies to the FEDERAL GOVERNMENT and prohibits Federal (but not State) intrusion upon the right to keep and bear arms.

The 14th Amendment applies to STATE GOVERNMENTS and prohibits State intrusion upon the right to keep and bear arms.

See McDonald v. Chicago, 561 U.S. 742, 754, 791 (2010), Opinion of the Court:

The Bill of Rights, including the Second Amendment, originally applied only to the Federal Government. In Barron v. Baltimore, 7 Pet. 243 (1883), the Court, in an opinion by Chief Justice Marshall, explained that this question was "of great importance" but "not of much difficulty." In less than four pages, the Court firmly rejected the proposition that the first eight Amendments operate as limitations on the States, holding that they apply only to the Federal Governent. See also Lessee of Livingston v. Moore, 7 Pet. 469, 551-552 (1833) ("[I]t is now settled that those amendments [in the Bill of Rights] do not extend to the states").

The constitutional Amendments adopted in the aftermath of the Civil War fundamentally altered our country's federal system. The provision at issue in this case, § 1 of the Fourteenth Amendment, provides, among other things, that a State may not abridge "the privileges or immunities of citizens of the United States" or deprive "any person of life, liberty, or property, without due process of law."

[...]

In sum, it is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty.

[...]

In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. See Duncan, 391 U.S., at 149, and n. 14. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller.

It is the right (not the Amendment) which is incorporated into the Fourteenth Amendment, and it is the right which is then applied and enforced against States via the Fourteenth Amendment.

The RKBA of the 2nd and 14th Amendments is the same right. It is enforced against the Federal government by the 2nd Amendment, and enforced against the States by the 14th Amendment.

The 2nd Amendment RKBA applies to African Americans, but not to State governments.

The Right to Keep and Bear Arms applies to African Americans, and it is enforceable against Federal and State governments via a combination of the 2nd and 14th Amendments.

nolu chan  posted on  2016-07-08   16:12:40 ET  Reply   Trace   Private Reply  


#7. To: Willie Green (#0)

Willie, you should know that whites know a quasi war has been declared on them by the blacks, and the whites are well used to defending themselves.

Psalm 37

Don  posted on  2016-07-08   22:32:34 ET  Reply   Trace   Private Reply  


#8. To: Don (#7)

That's just delusional, paranoid negrophobia.

Willie Green  posted on  2016-07-09   11:55:26 ET  Reply   Trace   Private Reply  


#9. To: Willie Green (#0)

Except for the felons, yes... and that goes for any color as long as they are American citizens, race baiter.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-07-09   12:10:38 ET  Reply   Trace   Private Reply  


#10. To: Willie Green (#8) (Edited)

negrophobia

You can call it what you like, but the next time you get pulled over and you realize the officers patrol partner has his Glock behind your left ear... You can thank your urban zoo friends.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-07-09   12:12:42 ET  Reply   Trace   Private Reply  


#11. To: Don (#7) (Edited)

Willie, you should know that whites know a quasi war has been declared on them by the blacks, and the whites are well used to defending themselves.

Thats horseshit. They aint killing "whites" they are killing cops and cops of all color so your idea is nothing but a false delusion.

Titorite2  posted on  2016-07-09   12:22:15 ET  Reply   Trace   Private Reply  


#12. To: Justified (#5)

Rice brandished a toy not a pistol. The 911 operator even mentioned that. Your just happy to see blacks die. Scummy attitude to live by. Fucking red coats.

Titorite2  posted on  2016-07-09   12:25:38 ET  Reply   Trace   Private Reply  


#13. To: Logsplitter (#4)

Either the law applies equally to all or it doesnt apply to any of us and we are lawless.

Titorite2  posted on  2016-07-09   12:27:39 ET  Reply   Trace   Private Reply  


#14. To: Willie Green (#0)

Rick McCann, executive director of the Nevada Assn. of Public Safety Officers, which represents 15,000 police officers, says anybody with a gun can be threat, regardless of whether it is being carried legally or not.

That is a cowards opinion.

Titorite2  posted on  2016-07-09   12:33:16 ET  Reply   Trace   Private Reply  


#15. To: Titorite2 (#13)

These are the facts

" receiving a police dispatch call "of a male black sitting on a swing and pointing a gun at people" in a city park.[3][4][5] A caller reported that a male was pointing "a pistol" at random people in the Cudell Recreation Center. At the beginning of the call and again in the middle he says of the pistol "it's probably fake."[6] Toward the end of the two-minute call, the caller stated "he is probably a juvenile."[7] However, this information was not relayed to Loehmann or Garmback on the initial dispatch.[8][9] The officers reported that upon their arrival, Rice reached towards a gun in his waistband. Within two seconds of arriving on the scene, Loehmann fired two shots,[10][11] hitting Rice once in the torso.[4][12] Neither officer administered any first aid to Rice after the shooting. He died on the following day.[13]

Rice's gun was later found to be an Airsoft replica that lacked the orange safety feature marking it as a replica and not a true firearm.["

So the officer was faced with a kid that had a pistol with the orange saftey removed. The kid pulled it from his waist band and pointed at the police. Then the officer fearing for his life because he could not tell if it was fake shot the kid.

Conclusion its the fault of the parents and whom ever removed the orange safety identifier if there ever was one.

Im sure in your fucked up world cops must die! You are a twisted person!

Black officers don't want to patrol black areas because too many black people act like gangsters and they would rather have cushy jobs in other areas. Any other areas would do because the black communities have reverted back animals!!!!

Justified  posted on  2016-07-09   16:28:50 ET  Reply   Trace   Private Reply  


#16. To: Titorite2 (#13)

Either the law applies equally to all or it doesnt apply to any of us and we are lawless.

That is just amazing!

Yes laws are suppose to evenly applied. They are not because blacks get special rights that no one else gets. Just today AG Lynch decided that there would be no hate crime charge against the people who attacked the police even though they said he wanted to kill officers and especially white people! OMG!

Affirmative action pushed by progressives meant to divide the races! Stupid black people can not even see this. They eat up the shit how its always someone else fault not theirs!! Its just telling that blacks from shithole Africa can come here and do well but intercity blacks can not!

Justified  posted on  2016-07-09   16:36:47 ET  Reply   Trace   Private Reply  


#17. To: Titorite2 (#11)

And, you are closing your eyes. My comment stays true.

Psalm 37

Don  posted on  2016-07-09   21:17:23 ET  Reply   Trace   Private Reply  


#18. To: Willie Green (#8)

You have been told.

Psalm 37

Don  posted on  2016-07-09   21:18:08 ET  Reply   Trace   Private Reply  


#19. To: Justified (#15)

Th gun wasn't pointed at the police. They just drove up and shot. Unjustified.

A K A Stone  posted on  2016-07-10   0:25:12 ET  Reply   Trace   Private Reply  


#20. To: Don (#17)

.o my eyes. What you think is truth and what reality is are two differnt things.

Titorite2  posted on  2016-07-10   1:02:19 ET  Reply   Trace   Private Reply  


#21. To: Justified (#15)

Listen, you can wear your cone head robe in public. No one is gonna stop you. But if you think Your conehead robe will save you from.the police your wrong.

Titorite2  posted on  2016-07-10   1:07:19 ET  Reply   Trace   Private Reply  


#22. To: Titorite2 (#21)

There is the video watch it egg head. [Video from CNN] Police pull up the kid pulls the gun from under his shirt which was tucked into his belt gangster style and the police act on instinct. Tragic yes officer's fault no. This was an air soft replica. For stupid people that means looks like and feels like the real thing.

This is the problem with intercity. Everyone grows up like gangsta. You do understand what gangsta is right?

Its always someone else's fault! At what point will black people start taking responsibilities for their own actions!!!!!!!!!!!!!!

Justified  posted on  2016-07-10   8:41:37 ET  Reply   Trace   Private Reply  


#23. To: A K A Stone (#19)

Th gun wasn't pointed at the police. They just drove up and shot. Unjustified.

Yes it was. He pulled the gun from under his shirt which was tucked into his into his pants gangsta style. Police acted on instinct. As I told people before. Tragic yes officer's fault no. If you want to blame someone then blame the black community, his parents and the gangsta lifestyle!

[CNN video]

Justified  posted on  2016-07-10   8:45:25 ET  Reply   Trace   Private Reply  


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