Tuesday, July 26, 2016

Somewhere Out There

is a law review article by Steve Halbrook that quotes Sen. Shields concerning the Mailing of Firearms Act.  I can't find it.

UPDATE: Thanks to all.  Steve Halbrook saw my request on a mailing request and provided the titles.

2 comments:

ebartley said...

Are either of these what you are looking for?

http://www.stephenhalbrook.com/law_review_articles/congress_interprets_the_second_amendment.pdf

Stephen P. Halbrook, “Congress Interprets the Second Amendment: Declarations by a Co-Equal
Branch on the Individual Right to Keep and Bear Arms,” 62 Tennessee Law Review 597-641 (Spring
1995). http://www.stephenhalbrook.com/law_review_articles/congress.pdf

Meanwhile, Senator John K. Shields, a Tennessee Democrat, introduced a bill in the United States Congress to prohibit the shipment of pistols through the mails and by common carrier in interstate commerce.13 Shields inserted into the record a report which supported his bill based on the following: Can not we, the dominant race, upon whom depends the enforcement of the law, so enforce
the law that we will prevent the colored people from preying upon each other? . . .
Here we have laid bare the principal cause for the high murder rate in Memphis--the carrying by colored people of a concealed deadly weapon, most often a pistol. . . .
. . . It is unspeakable that there is public sentiment among the whites that negroes should not be disturbed in their carrying of concealed weapons. . . . Neither do we need pistols for the protection of our homes. If we need a firearm to repel a burglar, a sawed-off shotgun with its load of buckshot is far more deadly and surer than the pistol.14 That last comment highlights the somewhat arbitrary nature of which guns were considered evil, for the short-barreled shotgun would come under the preview of the National Firearms Act of ...

13 65 CONG.REC. 3945 (Mar. 11, 1924).
14 Id. at 3946.

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http://stephenhalbrook.com/law_review_articles/firearm_sound_mod.pdf

FIREARM SOUND MODERATORS: ISSUES OF
CRIMINALIZATION AND THE SECOND AMENDMENT
STEPHEN P. HALBROOK

The earliest attempts to restrict firearms at the federal level were aimed at handguns. In 1924, Senator John K. Shields (a Democrat from Tennessee) introduced a bill to prohibit importation and restrict interstate commerce of pistols.85 He supported the bill in part with a report claiming that “we, the dominant race,” must suppress “the carrying bycolored people of a concealed deadly weapon, most often a pistol.”86 It continued: “Neither do we need pistols for the protection of our homes. If we need a firearm to repel a burglar, a sawed-off shotgun with its load of buckshot is far more deadly and surer than the pistol.”87

85 See 65 CONG. REC. 3945 (1924). Shields had played a major role in killing an antilynching bill in 1922. NAACP, The Dyer Anti-Lynching Bill, THIRTEENTH ANNUAL REPORT FOR THE YEAR 1922, 17, 24 (1923).
86 65 CONG. REC. 3946 (1924).
87 Id.

dittybopper said...

Did you try the Second Amendment Law Library over at guncite.com?

http://www.guncite.com/journals/index.html