Radiolab Presents: More Perfect – "The Gun Show"

Podcast: Radiolab (WNYC Studios)
Episode Air Date: February 23, 2018
Reported by: Sean Rameswaram
Summary by: [Expert Podcast Summarizer]

Overview

This episode, “The Gun Show,” explores the complex and shifting history of the Second Amendment in the United States. The Radiolab and More Perfect teams dive into how a confusing sentence in the Bill of Rights, largely ignored for much of American history, became a cause célèbre and ideological flashpoint. Through stories spanning from the Black Panthers to the Supreme Court’s 2008 Heller decision, the episode unpacks the transformation of gun rights from militia-focused to an individualized entitlement—and examines the pivotal cultural and legal moments that fueled this change.

Key Discussion Points and Insights

1. The Second Amendment’s Enigmatic Text (02:00–10:00)

• The Problematic Language:
  The hosts dissect the famously confusing sentence of the Second Amendment:

  “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

• Early Interpretations:
  • Adam Winkler jokes Madison had “just discovered this wonderful new thing, the comma.”
  • Jill Lepore (historian): From inception, focus was mainly on the “militia” aspect—a collective, not individual, right.
  • Stephen Holbrook (author/lawyer): The framers considered it an individual right, paralleling “the people” verbiage of the First Amendment.
• Generational Ambiguity:
  The Amendment’s meaning remained obscure and largely unimportant for 200 years.

2. The Second Amendment as "Runt of the Litter" (10:00–18:00)

• Ignored by Courts and Lawmakers:
  • The Second Amendment was seldom discussed, written about, or litigated—almost as unremarkable as the Third Amendment.
  • Gun regulations existed, but not centered on Constitutional debates.

“It was like sort of the runt of the Bill of Rights litter. Like no one argued about it.” – Sean Rameswaram (17:24)

• Transformation:
  • Abruptly in the late 20th century, the meaning and political significance of the Second Amendment shifted, becoming a “third rail” issue.

3. Chapter 1: The Black Panther “Invasion” (18:00–41:00)

The Black Panthers’ Armed Patrols (Oakland, 1966)

• Origins:
  Bobby Seale and Huey Newton founded the Black Panther Party for Self-Defense, grounding their approach in the constitutional right to bear arms.
• Legal Rationale:
  • Panthers cited the Second Amendment as a “civil, human right.”
  • Used California law allowing open carry (if not concealed) to patrol and observe police while armed.
• Confrontation:
  • Panthers’ armed presence confronted police, leading to tense but peaceful face-offs.
  • Key moment: The Panthers entered the California State Capitol in 1967 carrying loaded weapons.
    • Notable Moment:

      “[Reagan] was on the front lawn talking to 200 future leaders of America—kids… This is like the 1960s. This would be insane now…” – Bobby Seale (39:00)

• Immediate Aftermath:
  • Legislative backlash: The Mulford Act passed, banning loaded weapons in California’s cities—aimed at the Panthers.
  • Even Ronald Reagan (then-Governor) supported new gun controls.

Lasting Impact

• Backlash and Irony:
  • Gun control measures designed to disarm Black militants wound up alarming white conservatives, who feared a slippery slope to the government seizing all guns.

4. Chapter 2: NRA Revolution (“The Cincinnati Revolt”) (41:00–01:07:00)

The Pre-1977 NRA

• Not What You’d Expect:

  • NRA began post-Civil War; focused mainly on marksmanship and sport shooting, not political advocacy.
  • “For like 100 years, their main focus was like teaching Boy Scouts how to shoot straight, not the Second Amendment.” – Adam Winkler (49:53)

• Rise of Self-Defense Rhetoric:

  • Urban crime, home invasions, and restrictive gun laws starting with the Gun Control Act of 1968 catalyzed grassroots concern about self-defense and gun ownership.

The Insurrection at Cincinnati

• The Coup:
  • In 1977, a faction called Federation for the NRA orchestrated a takeover at the organization’s national meeting.
  • Secret coordination, walkie-talkies, and a marathon debate resulted in the “bastard stepchild” (pro-gun) wing seizing power.
  • “We wanted to take over. So the Federation guy’s making all these demands…every single one of those 15 proposals was passed.” – Joseph Tartarow (01:01:45)
• Dramatic Shift:
  • NRA became uncompromisingly political, focusing on an absolute individual right to bear arms, dropping public references to the “militia” clause.
  • Massive lobbying ramped up; “The right of the people to keep and bear arms…” casts the militia phrase into obscurity.

“[After that night] the NRA had a whole new board committed to a new no compromises view of the Second Amendment in which individuals have a right not only to have a gun, but to have almost any gun that they want and have as many of them as they want and can take those guns almost anywhere.” – Sean Rameswaram (01:04:30)

5. Chapter 3: The Heller Supreme Court Case (01:07:00–End)

Prelude to Heller

• Bush Administration’s Role:
  • In 2001, Bush’s Attorney General issues a memo interpreting the Second Amendment as protecting an individual right.
• Three Libertarian Lawyers:
  • Alan Gura, Bob Levy, Clark Neely see an opportunity to challenge D.C.’s handgun ban.

Finding the Plaintiff & The "Perfect" Case

• Dick Heller:
  • Security guard in D.C., denied permit to register his handgun for home use.
  • “I could turn [my gun] in...Not gonna happen...I could go to jail. Not gonna happen.” – Dick Heller (01:19:00)
  • Heller becomes lead plaintiff because he has ‘standing’—a concrete legal injury.

Supreme Court Showdown (Oral Arguments: Mar 2008)

• Central Question:
  • Does the Second Amendment confer an individual or collective (militia) right?
  • Legal parsing, historical context, and heated debate ensue.

Justice Roberts: “Why would they say ‘the right of the people to keep arms’ if they meant just people in the state militias?” (01:30:30)

Justice Scalia: “Isn't it perfectly plausible, indeed reasonable, to assume that since the framers knew that...militias were destroyed...by taking away the people's weapons...?” (01:38:00)

• Justice Kennedy (Swing Vote):
  • Focuses on the right to self-defense at home, not just militia service.

Decision & Aftermath

• June 26, 2008:
  • Justice Scalia’s majority opinion holds the Second Amendment guarantees an individual right to possess a gun for self-defense in the home.
• Caveat:
  • The right is NOT absolute: existing regulations (e.g., bans for felons, restrictions on sensitive places) are upheld.

“The next section of our opinion points out that like most rights, the Second Amendment right is not unlimited.” – Justice Scalia reading the opinion (01:52:40)

“Being for Heller is being for gun control. That’s confusing.” – Jad Abumrad (01:56:27)

Notable Quotes & Memorable Moments

• “People ignored this amendment… There was no amendment that was less written about, less legislated, less debated, less the subject of Supreme Court conversation.”
  – Stephen Holbrook (12:29)

• “The right of the people to keep and bear arms shall not be infringed. Nice, clean, totally uncomplicated sentence. Conveniently left out was the part that talked about a well regulated militia…”
  – Sean Rameswaram (01:04:45)

• “One of the greatest pieces of fraud...on the American public by special interest groups that I have ever seen in my lifetime.”
  – Chief Justice Warren Burger on the modern individual rights reading of the Second Amendment (01:09:25)

• “You have a right to a gun, but the government has a right to regulate it.”
  – Jad Abumrad (01:57:20)

Timeline of Important Segments

• 02:00 – Unpacking the text of the Second Amendment
• 10:00 – How the amendment was ignored historically
• 18:00 – The Black Panthers’ use of the Second Amendment and the Mulford Act
• 41:00 – NRA’s transformation and the 1977 Cincinnati Revolt
• 01:07:00 – The shift towards individual rights through the courts
• 01:19:00 – Dick Heller’s story and the run-up to the Supreme Court
• 01:34:00 – Oral arguments before the Supreme Court (District of Columbia v. Heller)
• 01:52:40 – The Supreme Court’s opinion, its limitations, and the aftermath

Tone and Style

The episode maintains Radiolab’s signature blend of curiosity, irreverence, and deeply researched storytelling. There is a blend of wit (“professorial joke” about Madison’s commas), drama (the Panthers’ standoff, the NRA coup night), stark fact (“no fight” about the Second Amendment for 200 years), and admiring praise (“what an extraordinary transformation”). Throughout, the show employs personal anecdotes, archival sound, legal argument, and up-close interviews to bring alive the dry history and the urgent contemporary debate.

Key Takeaways

• For most of American history, the Second Amendment was marginal and focused on militias.
• The shift to an individual right to bear arms came suddenly in the late 20th century, spurred by cultural flashpoints (Black Panthers, crime waves) and internal NRA politics.
• The Supreme Court’s modern interpretation in Heller (2008) is recent, unprecedented, and simultaneously broad and qualified; it protects “an individual right” but permits government regulation.
• The debate is still far from settled, with ongoing ambiguity about the boundary between individual rights and regulatory powers.

This multifaceted journey through America’s constitutional, political, and cultural battles over guns leaves listeners with a richer, more nuanced understanding of an endlessly contentious—and misunderstood—issue.