The Second Amendment, a constitutional right enshrined in the US Bill of Rights, has always been subject to interpretation and application. However, for Black and Brown Americans, this amendment has never been a guarantee of equal protection under the law. Instead, it has long been filtered through policing, surveillance, and state force, making its promise of "life, liberty, and the pursuit of happiness" an unattainable goal.
The legacy of white supremacy in America's founding is deeply intertwined with the Second Amendment. From the colonial South, where militias and slave patrols were created to control Black people and suppress rebellion, to the 19th-century laws that explicitly barred Black people from keeping or carrying firearms, this racial hierarchy has been embedded directly into gun policy.
The myth of universal gun rights, which is often touted by white gun-owning Americans, is a far cry from reality. For decades, police and policymakers have selectively enforced gun laws, using discriminatory permitting systems and higher rates of gun prosecutions to disproportionately affect Black and Brown communities.
This selective enforcement mechanism has produced what sociologist Jennifer Carlson calls "gun populism," where police and policymakers distinguish between "good guys with guns" – typically white and middle-class individuals – and "bad guys with guns," who are disproportionately coded as Black, Brown, and poor. The results of this system are stark: bodies.
Recent high-profile cases illustrate the devastating consequences of this double standard. Alex Pretti, a 37-year-old ICU nurse and licensed gun owner, was killed by federal immigration agents during an interaction in Minneapolis. In contrast, armed white men who kill protesters, occupy federal buildings, or aim rifles at police are often treated as political actors, not existential threats.
The Second Amendment has never been a guarantee for Black and Brown Americans. Instead, it has always been a conditional right that is subject to the discretion of those who enforce the law. Pretti's killing serves as a bitter reminder that, in the eyes of the state, some people will never be allowed to be the good guy with a gun.
The real enforcement mechanism of the Second Amendment is not the Supreme Court or Congress but the thin blue line on the ground – police and policymakers who decide whose rights count and whose do not. It's time to confront this reality and recognize that the Second Amendment is not a universal right, but an instrument of upholding the racial order.
As we move forward, it's essential to acknowledge the historical context in which the Second Amendment was written and applied. The myth of universal gun rights must be dismantled, and we must work towards a more inclusive and equitable understanding of this constitutional right. For Black and Brown Americans, the Second Amendment has never been a guarantee – it has always been a conditional promise that is subject to the power of the state.
The Intercept's reporting on this topic is part of our ongoing effort to shine a light on the most pressing issues facing our democracy. If you're willing to help us continue this important work, consider joining our community of supporters and helping us expand our reporting capacity in 2026.
The legacy of white supremacy in America's founding is deeply intertwined with the Second Amendment. From the colonial South, where militias and slave patrols were created to control Black people and suppress rebellion, to the 19th-century laws that explicitly barred Black people from keeping or carrying firearms, this racial hierarchy has been embedded directly into gun policy.
The myth of universal gun rights, which is often touted by white gun-owning Americans, is a far cry from reality. For decades, police and policymakers have selectively enforced gun laws, using discriminatory permitting systems and higher rates of gun prosecutions to disproportionately affect Black and Brown communities.
This selective enforcement mechanism has produced what sociologist Jennifer Carlson calls "gun populism," where police and policymakers distinguish between "good guys with guns" – typically white and middle-class individuals – and "bad guys with guns," who are disproportionately coded as Black, Brown, and poor. The results of this system are stark: bodies.
Recent high-profile cases illustrate the devastating consequences of this double standard. Alex Pretti, a 37-year-old ICU nurse and licensed gun owner, was killed by federal immigration agents during an interaction in Minneapolis. In contrast, armed white men who kill protesters, occupy federal buildings, or aim rifles at police are often treated as political actors, not existential threats.
The Second Amendment has never been a guarantee for Black and Brown Americans. Instead, it has always been a conditional right that is subject to the discretion of those who enforce the law. Pretti's killing serves as a bitter reminder that, in the eyes of the state, some people will never be allowed to be the good guy with a gun.
The real enforcement mechanism of the Second Amendment is not the Supreme Court or Congress but the thin blue line on the ground – police and policymakers who decide whose rights count and whose do not. It's time to confront this reality and recognize that the Second Amendment is not a universal right, but an instrument of upholding the racial order.
As we move forward, it's essential to acknowledge the historical context in which the Second Amendment was written and applied. The myth of universal gun rights must be dismantled, and we must work towards a more inclusive and equitable understanding of this constitutional right. For Black and Brown Americans, the Second Amendment has never been a guarantee – it has always been a conditional promise that is subject to the power of the state.
The Intercept's reporting on this topic is part of our ongoing effort to shine a light on the most pressing issues facing our democracy. If you're willing to help us continue this important work, consider joining our community of supporters and helping us expand our reporting capacity in 2026.