In the Supreme Court's DC handgun ban case, a brief from the Congress on Racial Equality argues that there is a long history in America of gun controls being enacted and applied with racially discriminatory intent. A brief for GeorgiaCarry.org makes similar arguments, with more detail about Georgia. [I think it's wonderful to see a 21st-century in which a black man won 2/3 of the vote in the Georgia Democratic primary, and a gun-rights organization from Georgia is calling for the U.S. Supreme Court to pay attention to problems of racial discrimination.]
In support of the DC handgun ban, a brief from the NAACP LDF uses most of its words to argue against overturning what its says is the large body of anti-individual rights precedent. The brief also points out the high rate of gun crime victimization by blacks. Pages 29-31 of the NAACP LDF brief anticipate the arguments presented CORE/GeorgiaCarry briefs, and argue that the Fourteenth Amendment's equal protection clause is sufficient to address any problem of racial discrmination in gun laws. See also NAACP Br. at 19 n.20 (DC's ban is not racially discrminatory, and in any case, Equal Protection and Due Process, are sufficient to address the issue, without need for an individual rights Second Amendment).
I don't think there's any reasonable dispute that much of the gun control in American history is tainted by racial discrimination. But, commenters, do you think that the CORE and GeorgiaCarry briefs overcome the NAACP's anticipatory counter-arguments? Please write your comments after reading the briefs, rather than making other arguments which could have been made, but were not.
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- Congressional Brief in DC v. Heller:
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- Respondent's Brief in DC v. Heller: