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CHE TALK

BLACKS, GUNS, AND HOMICIDE
Written by Don B. Kates   

Murder rates seem to have diminished across Europe from the period before guns existed (12th Century). The decline was particularly marked in Europe from the 18th Century on.

MURDER IN AMERICA: A HISTORY (Ohio State U. Press) by the Haverford College social scientist/historian Roger Lane emphasizes industrialization as a violence-reductive factor in the Western World: the Industrial Revolution required and produced disciplined, orderly work forces. Current American murder rates are driven by the very disproportionate murder rates among Afro-Americans. These disproportionate rates may be attributed to the virtual exclusion of Afro-Americans from major sectors of employment during the post-Civil War period which continued through the mid-20th Century. Rates of homicide by blacks are six to eight times higher than white murder rates in both the US and England.

It should be noted that some studies have suggested that rates of black homicide and other violence are no greater than those of similarly situated (i.e., economically deprived) whites. See, Brandon S. Centerwall, "Race, Socioeconomic Status and Domestic Homicide, Atlanta, 1971-72," 74 AM. J. PUB. HLTH. 813, 815 (1984) (reporting results of research and discussing prior studies). See also Darnell F. Hawkins, "Inequality, Culture, and Interpersonal Violence," 12 HEALTH AFFAIRS 80 (1993). For a discussion assailing racist theories of the prevalence of violence see Jerome A.Neapolitan, "Cross-National Variation in Homicide; Is Race A Factor?" 36 CRIMINOLOGY 139 (1998).

The only time I have treated this matter at any length was in a never-finished article written a few years ago. Though large parts of it have been published elsewhere, the portion on black homicide has not, nor have I revised it here. In fact it is not my own research, but rather relies almost exclusively on the seminal work of historian Roger Lane (see below).

He emphasizes industrialization as a violence-reductive factor in the Western World: the Industrial Revolution required and produced disciplined, orderly work forces. Current American murder rates are driven by the very disproportionate murder rates among some Afro-Americans. Thus John DiIulio argues that "America does not have a crime problem; inner city America has a crime problem." John J. DiIulio, "The Question of Black Crime," 117 THE PUBLIC INTEREST 3 (1994) also quoting 1969 National Commission on the Causes and Prevention of Violence to the same effect; id. at 5.

I have added emphasis to DiIulio's words to focus attention on the geographic limitation which refutes any notion that race per se is the factor underlying the Afro-American homicide rate. It is not Afro-American homicide per se that makes the American homicide rate so enormous, but rather "inner-city" homicide grossly distorts both American and Afro-American homicide rates. As we shall see, urban blacks actually have far less gun ownership than either whites in general or rural blacks. Yet the gun murder rate among young black urban males is 9.3 times higher than among the well-armed young black rural males. Lois A. Fingerhut, et al., "Firearm and Non-Firearm Homicide Among Persons 15 Through 19 Years of Age: Differences by Level of Urbanization, U.S. 1979-89," 267 Journal of the American Medical Ass'n. 3048, 3049, Table 1 (1992). Obviously, neither guns nor race can account for the fact of homicide being so much less among the well-armed rural Afro-American population than among their relatively poorly armed urban compeers. The obvious lesson is that, whatever their race, the small fraction of (highly aberrant) people who want to murder find guns regardless of how prevalent guns may be in their general community.

Historically, disproportionate black homicide rates may be attributed to the virtual exclusion of Afro-Americans from major sectors of employment during the post-Civil War period which continued through the mid-20th Century. Lane's seminal research has documented the role of racism in both promoting murder by Afro-Americans and excluding them from the violence-reductive effects of industrial employment: In the post- Civil War period though black murder rates were high, they were far lower than today ... and lower than those of their immigrant Irish competitors while Italian murder rates [when Italians began immigrating] soared well above those of blacks.

[A]fter the [Civil W]ar both unions and employers, all over the country, combined to drive [blacks out of high paying trades]... [F]actory work, all across the country was considered too good for black workers.

Black homicide is] another social-psychological [deprivation that] resulted from black exclusion from the regimenting effects of industrial and bureaucratic work.

These effects are shown in the relatively rapid decline in homicide rates among Irish and Italian immigrants, two other ethnic groups with high levels of preindustrial violence, as their integration into the industrial work force demanded unprecedented levels of sober, disciplined, orderly behavior, which carried over into their private lives.

[Later when they were] no longer shut out of the urban-industrial revolution, blacks were instead let in too late. During the 1940s and 1950s blacks in effect were piped aboard a sinking ship, welcomed into the urban industrial age just as that age was dying, with industrial cities losing population and jobs.

[In late 19th Century Philadelphia] blacks consistently outscored their competitors on written tests of all kinds... [] Even the white press generally agreed that black civil servants (and, a historian would add, blacks as a group) were overqualified for the [low level jobs to which they were confined] in this era, as a result of a general refusal to promote them to positions where they might have authority of any kind over white workers.

[Blacks were acutely aware of the need for education and struggled heroically to attain it. B]lack literacy in the city soared from roughly 20 percent to 80 percent over the final thirty years of the [19th C]entury ...

[Philadelphia blacks included doctors, lawyers and other p rofessionals -- graduates of Harvard, Yale and the University of Pennsylvania. But] that was no guarantee that they could make a living. As whites would not hire them and blacks could not afford them, licensed black physicians were found working as bellhops.... In the early 20th Century not one of Philadelphia' black attorneys could make a living through his law practice alone.

The lesson blacks learned from this was that for them education had no economic value. (NOTE: the quotes just given are taken from Lane's MURDER IN AMERICA, pp. 181-85, 298-300 and 327, as well as Roger Lane, "Black Philadelphia, Then and Now" 108 THE PUBLIC INTEREST 35, 42 (Fall, Summer, 1992) and Roger Lane, ROOTS OF VIOLENCE IN BLACK PHILADELPHIA: 1860-1900 (Cambridge, Harvard U.Press, 1986).

 

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VOTE FOR STEVE COOLEY ON NOVEMBER 2, 2010

Although self-defense civil rights advocacy groups have not taken an official position on Steve Cooley as a candidate for Attorney General of the State of California, the choice is obvious. In my personal experience defending hundreds of citizens accused of violating California’s hyper-technical gun laws, as District Attorney for the County of Los Angeles Steve Cooley has been reasonable and fair in administering the criminal firearm cases that I have litigated through the Los Angeles County court system. And he has refused to be recruited into the ranks of politicians passing feel-good-do-nothing gun control laws. Through his policies, Steve Cooley has reflected an understanding of the complexity of California gun control laws, an understanding for how easy it is to inadvertently violate one of these laws, a resistance to politicizing the prosecutorial process and sympathy for good people caught up by ill-conceived laws that do nothing to fight violent crime.

But even if he was much worse on these issues, the choice would still be obvious. As the points made below should clearly demonstrate, if elected as Attorney General, Kamala Harris would be a Second Amendment civil right advocate’s nightmare. She has absolutely no respect for the right to choose to own a firearm to defend yourself or your family, and no sympathy for those good people inadvertently snared by bad gun control laws.

Read 243 times
Written by C D Michel   
 

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VICTORY IN MILLENDER v. COUNTY OF LOS ANGELES

On August 24, 2010, the Ninth Circuit Court of Appeals, in the case of Millender v. County of Los Angeles, et al. (07-55518), affirmed that a search warrant requesting the seizure of "all handguns, rifles or shotguns of any caliber, or any firearms capable of firing ammunition..." was unlawful, when the deputies who sought the warrant were aware that they were searching for one specific firearm. This opinion confirmed the position advocated by the National Rifle Association (NRA) and the California Rifle and Pistol Association (CRPA) Foundation in their amicus (friend of the court) brief filed in support of the Millenders on October 22, 2009. A copy of the brief, along with the opinion, other case related brief, and memorandum analyzing the opinion are posted below.

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On August 23, 2010 the National Rifle Association (NRA) and the California Rifle and Pistol Association (CRPA) Foundation, through their joint California "Legal Action Project," sent a petition letter to the California Fish and Game Commission challenging certain hunting regulations. These regulations were adopted by the Commission to regulate the mere possession of firearms and/or lead ammunition when engaged in certain activities and/or when present in certain areas, such as designated wildlife areas.

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MULTIPLE LEGAL BRIEFS FILED IN NORDYKE v. ALAMEDA; NINTH CIRCUIT CASE MAY DETERMINE THE STANDARD OF REVIEW FOR SCRUTINIZING LAWS FACING SECOND AMENDMENT CHALLENGES

August 18, 2010

Today multiple briefs have been filed in the Ninth Circuit Court of Appeals supporting gun show owners who have challenged an Alameda County ordinance banning firearms on county property, including the county fairgrounds. These include amicus briefs by the National Rifle Association, CATO Institute, Second Amendment Foundation, and Calguns Foundation, as well as the brief for the plaintiffs, the Nordykes. Yesterday the California Rifle and Pistol Association Foundation (CRPAF) filed its amicus brief. 

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Written by C D Michel   
 
CRPA FOUNDATION FILES AMICUS BRIEF IN NINTH CIRCUIT CASE THAT MAY DETERMINE THE STANDARD OF REVIEW FOR SCRUTINIZING LAWS FACING SECOND AMENDMENT CHALLENGES

Today the California Rifle and Pistol Association Foundation (CRPAF) filed an amicus brief in the Ninth Circuit Court of Appeals supporting gun show owners who have challenged an Alameda County ordinance banning firearms on county property, including the county fairgrounds. Click here to view a copy of the brief.

The Alameda ordinance effectively prohibits gun shows from taking place on the Alameda County Fairgrounds. The Nordyke family promoted gun shows at the Alameda County Fairgrounds in Pleasanton from 1991 to 1999. Although no violence was associated with the gun show, Alameda County nonetheless passed the ordinance in 1999 as a way to stop pro-Second Amendment and civil rights activists from gathering there. The Nordykes sued, challenging the ordinance on multiple grounds.

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Written by C D Michel   
 

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