To: Coral Snake, buckaroo
http://www.law.uchicago.edu/faculty/harcourt/harcourt_fordham.pdf
On the NRA, Adolph Hitler, Gun Registration,
and the Nazi Gun Laws :
Exploding the Culture Wars
[A Call to Historians]
Bernard E. Harcourt
[nc - footnotes deleted]
[...]
Finally, the Hitler argument is somewhat puzzling because we have, in a number of states in this
country, a long tradition of gun registration. In fact, the Anglo-American tradition of gun
registration dates back to seventeenth-century England. Both prior to and after the adoption of the
English Bill of Rights, there were a number of gun regulations in place in England, including
registration requirements. In 1660, for instance, all gunsmiths were ordered to produce a record of
all firearms they had sold and their buyers from the past six months. [21] Gunsmiths were then
required to report this information weekly. [22] These requirements —which constitute the first
known gun registration scheme—remained in place after the adoption of the English Bill of Rights of
1689, which declared that "the subjects which are Protestants may have arms for their defence
suitable to their conditions and as allowed by law." [23] The English history reflects a substantial
statutory limitation on gun ownership before and after 1689. [24]
[...]
Exploring the Nazi Gun Law Argument
The same is true in the gun culture wars—and the Hitler-as-gun-control-proponent argument is perhaps
the best illustration. The fact is, there is tremendous fragmentation internal to the pro-gun
community on the specific issue of Hitler and gun registration. Not all pro-gunners buy the Hitler
argument. The pro-gun folks at the talk.politics.guns web site, for instance, debunk the infamous
Hitler quote. They rely primarily on the research of Clayton Cramer, a pro-gunner, [53] in his book,
Firing Back, which refutes the Hitler reference, and they tend, to a certain extent—at least Cramer
does—to minimize the connection between gun registration and the Holocaust.
More interesting, though, within the pro-gun community, there is sharp conflict over whether Hitler
was a gun control proponent or not. The moving force behind the Hitler-as-gun-control-proponent
argument is the organization Jews for the Preservation of Firearms Ownership (JPFO), which has
published two books documenting Hitler's use of gun registration, translated the German laws, and
drawn fierce attention to the issue of totalitarian gun control measures—the two books are entitled
LethalLaws: "Gun Control" Is the Key to Genocide (1994) and "Gun Control” Gateway to Tyranny: The
Nazi Weapons Law, 18 March 1938 (1993). This organization is clearly anti-Nazi and pro-gun.
---
One of the leading defenders of Hitler on the question of gun control, however, is also pro-gun.
It's the National Alliance & National Vanguard, a white supremacist organization. According to a
pamphlet published by National Vanguard Books, Gun Control in Germany, 1928-1945 by William L.
Pierce, Adolf Hitler was actually very much in favor of liberal gun possession. Pierce writes:
A common belief among defenders of the Second Amendment to the U.S. Constitution is that the
National Socialist government of Germany under Adolf Hitler did not permit the private ownership of
firearms. Totalitarian governments, they have been taught in their high school civics classes, do
not trust their citizens and do not dare permit them to keep firearms. Thus, one often hears the
statement, "You know, the first thing the Nazis did when they came to power was outlaw firearms," or
"The first thing Hitler did in Germany was round up all the guns."
Unfortunately for those who would like to link Hitler and the National Socialists with gun control,
the entire premise for such an effort is false. German Firearms legislation under Hitler, far from
banning private ownership, actually facilitated the keeping and bearing of arms by German citizens
by eliminating or ameliorating restrictive laws which had been enacted by the government preceding
his: a left-center government which had contained a number of Jews.
When you have read [and compare the 1928 and 1938 German gun laws], you understand that it was
Hitler's enemies, not Hitler, who should be compared with the gun-control advocates in America
today. Then as now it was the Jews, not the National Socialists, who wanted the people's right of
self-defense restricted. You will understand that those who continue to make the claim that Hitler
was a gun-grabber are either ignorant or dishonest. And you will understand that it was not until
1945, when the communist and democratic victors of the Second World War had installed occupation
governments to rule over the conquered Germans that German citizens were finally and completely
denied the right to armed self-defense. [54]
Now, make no mistake. This argument is from a pamphlet published and promoted by National Vanguard
Books and the National Alliance. In order to be a member of National Alliance, you have to be a
"White person (a non-Jewish person of wholly European ancestry) of good character. . . . No
homosexual or bisexual person, . . . no person with a non-White spouse or a non-White dependent"
need apply. [55] This is a white supremacist organization. Yet it is also, perhaps, one of the most
vocal opponent of the Hitler-as-gun-control-proponent argument and the Nazi-Second-Amendment
connection. And it is vehemently pro-gun. Oddly, the Jews for the Preservation of Firearms Ownership
(JPFO) and the National Alliance are bedfellows when it comes to gun regulation—though not,
obviously, when it comes to Adolph Hitler.
Reading the Nazi Gun Laws
The two most vocal commentators in the debate over the Nazi gun laws are, first, Stephen
Halbrook, whose writings, most recently Nazi Firearms Law and the Disarming of the German Jews,
[56] set forth the position that the Nazis were pro-gun-control; [57] and, second, William
Pierce, whose four-page essay Gun Control in Germany, 1928-1945, published with the translated
texts of the German laws by the white supremacist organization National Vanguard, set forth the
position that the Nazis were not pro-gun-control. As noted, the other important participant in these
debates is the organization Jews for the Preservation of Firearms Ownership, which, through
its two books, "Gun Control" Gateway to Tyranny (1993) and Lethal Laws: "Gun Control" Is the Key to
Genocide (1994), presents full English translations of all the relevant German gun laws and
regulations.
Neither Halbrook, nor Pierce are historians, [58] and their ideological commitments are so
flagrant—Halbrook as a pro-gun litigator and Pierce as a pro-gun white supremacist—that neither can
be trusted in these debates. But if you read the German gun laws, it seems fair to say that, first,
the Nazi government had in place gun control regulations that required a permit to acquire,
transfer, or carry a handgun, or alternatively a hunting license. In this sense, it is an accurate
statement that the Nazis had a system of gun licensing. Second, the Nazis enacted regulations
pursuant to their gun laws that prohibited Jews from possessing any dangerous weapons, including
firearms. Third, in other respects, the Nazis relaxed the gun control regulations that were in place
in Germany at the time they seized power. In this sense, the Nazis appeared to be more pro-gun than
the predecessor Weimar Republic. How to characterize their treatment of Jewish persons for
purposes of gun control—banning the possession of dangerous weapons, including guns, in 1938, and
subsequently exterminating Jewish persons—is, in truth, an absurd question. The Nazis sought to
disarm and kill Jews, and their treatment of Jews is, for all intents and purposes, orthogonal to
their gun-control tendencies. But if forced to weigh in, it actually seems,
somewhat surprisingly, that the white supremacist Pierce may have the better of the argument: the
Nazis were probably more pro-gun than their predecessors.
The history of general gun control in Germany from the post-World War I period to the inception
of World War II seems to be, in general, a history of declining, rather than increasing, gun
control. First, the Weimar Republic gun laws of 1928 represented a liberalization of the
draconian post-World War I prohibitions on gun possession. On January 13, 1919, the Weimar Republic
passed, as one of its first acts, a complete ban on the ownership of firearms, a ban which was in
effect in Germany until the Weimar government enacted in 1928 the Law on Firearms and Ammunition of
April 12, 1928. The 1919 ban—entitled Regulations of the Council of the People's Delegates on
Weapons Possession—provided that "All firearms, as well as all kinds of firearms ammunition, are to
be surrendered immediately." [59] Under the regulation as enforced, "Whoever kept a firearm or
ammunition was subj ect to imprisonment for five years and a fine of 100,000 marks. That decree
would remain in force until repealed in 1928." [60] On August 7, 1920, the German government also
passed a Law on the Disarmament of the People, which put into effect the provisions of the
Versailles Treaty regarding the limits on military weapons. [61]
Against this background, the Weimar 1928 Law on Firearms and Ammunition represented a significant
liberalization—through regulation—of gun possession. The law put into effect a system of permits: it
provided for the issuance of permits to own or transfer firearms, to carry firearms including
handguns, to manufacture firearms, and to professionally deal in firearms and ammunition. [62] These
permit requirements applied to all firearms, whether long guns or handguns. [63] The 1928 law
spelled out strict requirements about who could obtain such permits, and who was exempt from the
permit requirements. So, for instance, firearms acquisition or carrying permits were "only to be
granted to persons of undoubted reliability, and—in the case of a firearms carry permit—only if a
demonstration of need is set forth." [64] Such permits would not, by law, issue to "Gypsies" or
"persons who are itinerant like Gypsies." [65] On the other hand, firearm acquisition permits were
not required by "officials of the central government, the states, as well as the German Railways
Company," [66] or by "community officials to whom the highest government authority has permitted
acquisition without an acquisition permit." [67]
The 1928 law put into effect a strict licensing scheme that covered all aspects of firearms—from the
manufacture to the sale, including repair and even reloading ammunition. [68] It explicitly revoked
the 1919 Regulations on Weapons Ownership, [69] which had banned all firearms possession, and
thereby liberalized firearms regulation. As Halbrook himself notes, based on review of
contemporaneous newspaper reports and official commentary, "the 1928 law was seen as deregulatory to
a point but enforceable, in contrast to a far more restrictive albeit unenforceable [1919] order."
[70] Halbrook continues: "Within a decade, Germany had gone from a brutal firearms seizure policy
which, in times of unrest, entailed selective yet immediate execution for mere possession of a
firearm, to a modern, comprehensive gun control law." [71]
Second, with regard to gun possession, the 1938 Nazi gun laws represented a further
liberalization of gun control regulations. In fact, most of the changes in the law reflected a
loosening of the regulations, not a tightening. The Weapons Law of March 18, 1938, is patterned
on the Law on Firearms and Ammunition of April 12, 1928. The two laws have the same structure,
similar section headings, and broadly similar language.
Section IV of both statutes address the same topic with the same header, "Acquisition, Carrying,
Possession, and Importation of Firearms and Ammunition." [72] These are the provisions that deal
with possession and carrying of firearms. The first important revision in the 1938 law concerns the
scope of the gun control regulation regarding the need for an acquisition permit: whereas the 1928
law regarding the acquisition or transfer of guns applied to "firearms and ammunition," [73] which
included any and all "weapons from which a bullet or a load of pellets may be driven through a
barrel, by means of the development of an explosive gas or air pressure" [74] —i.e. rifles,
shotguns, handguns, etc.—the 1938 law applied only to "handguns." [75] In other words, the 1938
revisions completely deregulated the acquisition and transfer of rifles and shotguns, as well as
ammunition.
The second set of revisions effectuate an enlargement of the exceptions to the acquisition permit
requirement. The 1938 law effectively extended the number of groups of people who were exempt from
the acquisition permit requirement. Whereas the 1928 law exempted primarily "officials of the
central government, the states, as well as the German Railways Company," [76] "business owners"
dealing in guns, [77] and holders of a "firearms carry permit," [78] the 1938 law included these
exemptions, but extended them to include holders of "annual hunting permits," [79] as well as a
larger group of government workers and Nazi party members. [80] The effect of these changes meant
that anyone with an annual hunting permit did not need a permit for the acquisition or transfer of
any firearms, whether long guns or handguns. Moreover, an additional provision in the 1938 law
states that "a hunting license entitles the holder to carry firearms and handguns," [81] suggesting
that the hunting license also extends an exemption for handgun carrying. Under the 1928 law, the
hunting permit only entitled its holder to acquire "handguns as noted on it" [82] and to carry
handguns during the hunting activity. [83]
A third revision lowered the age for the acquisition of firearms. Whereas the 1928 law did
not allow acquisition or carry permits to issue to persons under 20 years of age, the 1938 law did
not allow "juveniles under 18 years of age" to "buy" firearms; the 1938 law also allowed "the
competent authority [to] make exceptions."84
A fourth revision extended the period that a permit to carry was valid. Under the 1928 law, a
firearms carry permit was valid for one year from the date of issue; however, under the 1938 law,
the permit was valid for a period of three years.85
4 Posted 2008-08-11 17:16:23 by
nolu_chan
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