The National Rifle Association was founded in 1871 by two men, a lawyer and a former reporter from the New York Times. For most of its history, the N.R.A. was chiefly a sporting and hunting association. To the extent that the N.R.A. had a political arm, it opposed some gun-control measures and supported many others, lobbying for new state laws in the nineteen-twenties and thirties, which introduced waiting periods for handgun buyers and required permits for anyone wishing to carry a concealed weapon. It also supported the 1934 National Firearms Act—the first major federal gun-control legislation—and the 1938 Federal Firearms Act, which together created a licensing system for dealers and prohibitively taxed the private ownership of automatic weapons (“machine guns”). The constitutionality of the 1934 act was upheld by the U.S. Supreme Court in 1939, in U.S. v. Miller, in which Franklin Delano Roosevelt’s solicitor general, Robert H. Jackson, argued that the Second Amendment is “restricted to the keeping and bearing of arms by the people collectively for their common defense and security.” Furthermore, Jackson said, the language of the amendment makes clear that the right “is not one which may be utilized for private purposes but only one which exists where the arms are borne in the militia or some other military organization provided for by law and intended for the protection of the state.” The Court agreed, unanimously. In 1957, when the N.R.A. moved into new headquarters, its motto, at the building’s entrance, read, “Firearms Safety Education, Marksmanship Training, Shooting for Recreation.” It didn’t say anything about freedom, or self-defense, or rights.
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In 1968, as Winkler relates, the assassinations of Robert Kennedy and Martin Luther King, Jr., gave the issue new urgency. A revised Gun Control Act banned mail-order sales, restricted the purchase of guns by certain high-risk people (e.g., those with criminal records), and prohibited the importation of military-surplus firearms. That law, along with a great deal of subsequent law-and-order legislation, was intended to fight crime, control riots, and solve what was called, in the age of the Moynihan report, the “Negro problem.” The regulations that are part of these laws—firearms restrictions, mandatory-sentencing guidelines, abolition of parole, and the “war on drugs”—are now generally understood to be responsible for the dramatic rise in the U.S. incarceration rate.
The N.R.A. supported the 1968 Gun Control Act, with some qualms. Orth was quoted in American Rifleman as saying that although some elements of the legislation “appear unduly restrictive and unjustified in their application to law-abiding citizens, the measure as a whole appears to be one that the sportsmen of America can live with.”
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In the nineteen-seventies, the N.R.A. began advancing the argument that the Second Amendment guarantees an individual’s right to carry a gun, rather than the people’s right to form armed militias to provide for the common defense. Fights over rights are effective at getting out the vote. Describing gun-safety legislation as an attack on a constitutional right gave conservatives a power at the polls that, at the time, the movement lacked. Opposing gun control was also consistent with a larger anti-regulation, libertarian, and anti-government conservative agenda. In 1975, the N.R.A. created a lobbying arm, the Institute for Legislative Action, headed by Harlon Bronson Carter, an award-winning marksman and a former chief of the U.S. Border Control. But then the N.R.A.’s leadership decided to back out of politics and move the organization’s headquarters to Colorado Springs, where a new recreational-shooting facility was to be built. Eighty members of the N.R.A.’s staff, including Carter, were ousted. In 1977, the N.R.A.’s annual meeting, usually held in Washington, was moved to Cincinnati, in protest of the city’s recent gun-control laws. Conservatives within the organization, led by Carter, staged what has come to be called the Cincinnati Revolt. The bylaws were rewritten and the old guard was pushed out. Instead of moving to Colorado, the N.R.A. stayed in D.C., where a new motto was displayed: “The Right of the People to Keep and Bear Arms Shall Not Be Infringed.”
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In 1986, the N.R.A.’s interpretation of the Second Amendment achieved new legal authority with the passage of the Firearms Owners Protection Act, which repealed parts of the 1968 Gun Control Act by invoking “the rights of citizens . . . to keep and bear arms under the Second Amendment.” This interpretation was supported by a growing body of scholarship, much of it funded by the N.R.A. According to the constitutional-law scholar Carl Bogus, at least sixteen of the twenty-seven law-review articles published between 1970 and 1989 that were favorable to the N.R.A.’s interpretation of the Second Amendment were “written by lawyers who had been directly employed by or represented the N.R.A. or other gun-rights organizations.” In an interview, former Chief Justice Warren Burger said that the new interpretation of the Second Amendment was “one of the greatest pieces of fraud, I repeat the word ‘fraud,’ on the American public by special-interest groups that I have ever seen in my lifetime.”
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“If you had asked, in 1968, will we have the right to do with guns in 2012 what we can do now, no one, on either side, would have believed you,” David Keene said.
Between 1968 and 2012, the idea that owning and carrying a gun is both a fundamental American freedom and an act of citizenship gained wide acceptance and, along with it, the principle that this right is absolute and cannot be compromised; gun-control legislation was diluted, defeated, overturned, or allowed to expire; the right to carry a concealed handgun became nearly ubiquitous; Stand Your Ground legislation passed in half the states; and, in 2008, in District of Columbia v. Heller, the Supreme Court ruled, in a 5–4 decision, that the District’s 1975 Firearms Control Regulations Act was unconstitutional. Justice Scalia wrote, “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia.” Two years later, in another 5–4 ruling, McDonald v. Chicago, the Court extended Heller to the states.
