Gun Control and the True Historic Purpose of the Second Amendment

Loaded: A Disarming History of the Second Amendment

by Roxanne Dunbar Ortiz

City Lights (2018)

Book Review

According to Dunbar-Ortiz, the main function of the Second Amendment, is to enshrine the voluntary militias used by white settlers to dispossess Native Americans of their land and compulsory slave patrols to hunt down and capture runaway slaves.

She disagrees with gun control advocates on many fronts:

First she disagrees that the Second Amendment right to “keep and bear arms” relates only to their use in a “well-regulated militia.” She maintains that it clearly refers to an individual right, like the other guarantees in the Bill of Rights. The Second Amendment is modeled on various state constitutions (which were already in effect) that guarantee gun possession as an individual right. Moreover the right to form state militias is already covered in Article 1 of the Constitution.

Second citing other countries like Switzerland and Canada (which rarely experience gun violence) with few or no gun control laws, she disagrees that more gun control laws will reduce gun violence in the US.

Third she disputes Democratic Party claims that blames opposition to gun control on NRA lobbying. Noting that American gun culture precedes the NRA by more than a century, she argues the organization spends far less on lobbying than Big Oil or Big Pharma.

Dunbar-Ortiz contends that US gun culture is deeply rooted in the racist, white nationalist, God-ordained nature of the virulent capitalism sanctified by the US Constitution. She reminds us of the real issue that triggered the Revolutionary War: namely the British ban on illegal settlement on unceded Indian land west of the Appalachians. George Washington and our other founding fathers derived most of their wealth from illegal surveying and speculation in Native land.

Thus when the US finally won independence in 1791, a massive escalation of “savage war” was unleashed against the indigenous nations that had civilized North America. “Savage war,” aka “irregular warfare,” refers to deliberate violence directed against women, children and the elderly, along with the infrastructure that supports their survival. Although the US government gives lip service to the Geneva Convention, which prohibits acts of war against civilians, their wars have always mercilessly targeted civilians. Prime examples are the 1846 Mexican-American War, the war against Cuba (1898-1900) and the Philippines (1898-1948) and numerous undeclared wars of the 20th century (the Korean War, Vietnam War, Central American War (1981-89), Afghan War, Iraq War, Libya War, Syria War, etc)

The most surprising part of the book is the introduction, in which Dunbar-Ortiz describes becoming a gun owner and joining the NRA when an activist group she belonged to was spied on and stalked by police and intelligence operatives.

A Voice of Sanity in the Gun Control Debate

In the following film, historian and Native activist Roxanne Dunbar-Ortiz discusses her book Loaded: A Disarming History of the Second Amendment. The major premise of her most recent book is that the Second Amendment relates mainly to the right and obligation of white settlers to keep guns, which they used in voluntary militias to massacre Native Americans and (in many cases) compulsory slave patrols to hunt down runaway slaves.

She begins by reminding us of the real issue (not the one we we’re taught in school) that triggered the Revolutionary War – namely the British ban on white settlement on unceded Indian lands west of the Appalachians. The hated Stamp Act, which triggered the familiar cry of “taxation without representation,” was enacted to finance British troops to roust settlers who were illegally squatting on Native lands.

She also points out that George Washington and most of the other founding fathers acquired their substantial wealth by illegally surveying and speculating in unceded Native land.

She disagrees with gun control advocates that the Second Amendment right to “keep and bear arms” only relates to their use in “well-regulated militias.” She insists that it refers to an individual right, like all the other amendments in the Bill of Rights. She argues the right to participate in voluntary militias is already covered in Article 1 of the Constitution. Moreover the Second Amendment was specially modeled on an individual right to gun ownership in various state constitutions.

I found the Q&A’s at the end the most interesting part of her talk. Dunbar-Ortiz doesn’t believe gun control laws would end mass shootings in the US – mainly because American gun violence is directly rooted in the historically racist and genocidal nature of US gun culture. She contrasts the US with Switzerland and Canada. Despite the absence of any gun control laws (the Swiss are required to keep weapons in their homes), there is no gun violence in Switzerland. Likewise Canada has much less gun violence despite fewer gun control laws.

In both cases, she attributes the absence of gun violence to the historical absence of slavery or rampant militarism.

Dunbar-Ortiz also disputes Democratic claims that opposition to gun control stems from NRA lobbying. Noting that the US gun culture precedes the NRA by more than a century, she adds that the NRA spends far less on lobbying than Big Oil and Big Pharma. The NRA mainly derives its strength by mobilizing thousands of volunteers at the state level, where most gun control laws originate. These volunteers track the voting records of every state and local politician to ensure that anti-gun legislators don’t get re-elected.