Black Panther Capitol March
You feel the heat build up under your black beret and leather jacket as the warm California sun beats down on you. Your group has been marching for a couple blocks and just ahead is the gleaming white Capitol, a bastion of democracy for some, and a pit of oppression for others. As you and your group of black clad peers walk up the marble steps to enter you are stopped by a policeman. Another member hands him a pamphlet, and he looks it over before allowing you inside. This is it, this is the day your voice will be heard.
Black Panther logo. Public Domain.
The Black Panthers
The Black Panther Party for Self Defense was founded on October 15, 1966 by Huey Newton and Bobby Seale in Oakland, California. With the motto “Power to the People” they sought a revolution that would change the way minorities, particularly blacks, were treated by the police and other parts of the white establishment. They organized and acted as a paramilitary force, frequently carrying firearms and marching in formations. News outlets described them as an “anti-white” organization and there was suspicion that they were working with the communists. Unsurprisingly they were not viewed favorably by the majority of Americans.
Black Panther Party co-founder Bobby Seale. Courtesy of UC Santa Cruz Digital Collection.
While the Black Panthers were reported on across the nation they did not garner media sensation until the shooting of Denzil Dowell. There are conflicting reports but the general story goes that in the early morning of April 1, 1967 between the hours of 3:30 and 5:00 police were called to a burglary at a liquor store. Two deputy sheriffs arrived and found two people attempting to rob the store. One of the deputies ordered them to halt, but they attempted to flee which prompted the deputy to fire his shotgun. Denzil was hit and killed while the other man was able to escape. Dowel was found to be unarmed which prompted an investigation by the state. The coroner that examined Dowell’s body stated that the shooting was justified and his ruling was later upheld by a jury made up of 10 white and two black citizens. However there were some inconsistencies in the deputies' stories and the reporting of Dowell’s death which caused many members of the black community to believe he was murdered.
Black Panther Party co-founder Huey Newton. Courtesy of IMDB.
In response to Dowell’s death the Panthers organized armed “Police Patrols” to prevent police from harassing African Americans. Black Panther Patrol members would listen for calls on police scanners and then rush to the scene with law books in hand, pistols on their hips, and rifles and shotguns slung over their shoulders. When they arrived they would attempt to inform the person being arrested of their rights, being sure to stand no closer than 10 feet to ensure that they were not interfering with the arrest. These patrols were widely reported on and scared many white citizens.
A Black Panther newspaper showing picture of Denzil Dowell. Public Domain.
Legislation
Just six months after their formation, the Black Panthers faced one of their first major obstacles to their movement, the Mulford Act. Officially designated A.B 1591, the bill was penned by Republican Don Mulford with the guidance of the National Rifle Association (NRA) in order to prohibit the carry of loaded firearms in public spaces. In California it was perfectly legal to open carry a loaded gun in public so long as it was registered, not concealed, and not brandished in a threatening manner. The Mulford Act would change this by making it a felony to carry a loaded weapon without a government permit.
Don Mulford (center). Courtesy of the Center for Sacramento History.
It became obvious that the bill was designed to stop the Black Panther Police Patrols and the media dubbed it the “Panther Bill.” Mulford defended the bill by saying, “Let me assure you…that there are no racial overtones in this measure. There are many groups that have been active in Californian with loaded weapons in public places and this bill is directed against all of them.” While there were many armed groups in California the Panther’s made up the bulk of the examples used to argue for its passage. A few of the examples cited in the bill include:
On April 17, 1967 a group of armed Panthers showed up to a meeting set up by the Welfare Rights Organization to bring together the state District Attorney and the Dowell family to discuss the shooting of Denzil.
On April 20, 1967 a group of armed black panther members attempted to enter the Sheriff's office to discuss the Dowell shooting.
On April 22, 1967 armed Panther members appeared on a street corner in North Richmond in an attempt to recruit new members.
All of these events frightened the general public and made it difficult for police and federal investigators to do their job, prompting swift action by the California Legislature.
Ronald Reagan during his time as Governor of California. Courtesy of the Ronald Reagan Library.
Panthers Invade
On Tuesday May 2, 1967, clad in dark leather jackets, black berets, dark sunglasses and carrying rifles, pistols, and shotguns, roughly 30 members of the Black Panther Party marched to the California State Capitol. Governor Ronald Reagan was hosting a gathering of eighth-graders on the front lawn when they arrived. He was rushed inside as the well disciplined group made its way up the Capitol steps. A California State Policeman halted them and asked them to state their business. They handed him a pamphlet outlining the groups goals and intent which he read over quickly as the Panthers waited patiently. He told them that they did have a right to bear arms and were allowed inside the Capitol as long as they remained peaceful.
A Black Panther member stands outside of the Capitol beside the State Policeman who greeted them and handed their guns back. Courtesy of Bettmann Archive.
After entering, the group made its way to the second floor where the Assembly Chamber was, intent on reading “Executive Mandate Number 1” in opposition to the Mulford Act. Several members pushed their way through the two Sergeant at Arms stationed at the assembly doors and stormed the floor. Many legislators were shocked, later saying they did not expect this much opposition to the bill. Police and delegates quickly responded, removing those within the chamber and barring the entrance to keep the others outside. During the interaction one Panther raised his revolver in the air but it was quickly snatched by police. There were more tense scenes once they were all back out in the hallway as the revolutionaries began yelling at police and legislators, prompting the officers to confiscate their guns.
The group now assembled in the Capitol’s State Police office and began arguing with the officers to demand the return of their guns. It was a bombastic scene. Panthers yelled, officers argued back while trying to make phone calls, and news reporters jabbed their microphones towards anyone trying to speak. After a few strained minutes the officer who greeted the group when they first entered the Capitol came and settled the situation by giving them their weapons back. As they rearmed themselves they realized that since all the reporters were already gathered around them it would be a good time to read their executive mandate. After they were finished they went out on the front lawn and read it once more.
A Black Panther inside the California State Capitol with a double barrel shotgun. Courtesy of the Associated Press.
The mandate’s message likely sounded a bit odd to the average listener. The beginning was pretty normal, calling on all Americans, not just blacks, to help secure their right to bear arms and self defense. It then called out racism within the police force and the state legislature. However as they gave more examples their message became lost on many. They called out the “genocide” that America was imposing on the Vietnamese people through the Vietnam War, and claimed that the concentration camps used to house the Japanese during World War Two were being rebuilt and expanded in order to house and eventually exterminate the African American population. Of course most did not believe these more outlandish claims, but their message of self defense and the right to bear arms resonated with many throughout the country.
A Black Panther Party member inside the California State Capitol with an M1 carbine. Courtesy of Associated Press.
After reading their mandate for a second time the Panthers stayed for a while and passed out pamphlets. Late day newspapers start to come out with headlines that blared “CAPITOL INVADED” and pictures of the “invasion” quickly spread throughout the country. Upon leaving the Capitol the group decided to stop for gas before returning to Oakland, this proved to be a bad idea as police surrounded their cars and placed most of them under arrest. In total 24 were taken into custody with 11 weapons being confiscated. They were charged with disrupting the legislature while it was in session and conspiracy to commit criminal acts, though several had the charges against them dropped later on.
A Black Panther Party member inside the California State Capitol. Courtesy of The Sacramento Bee,
Aftermath
Instead of stopping the passage of the bill the Black Panther’s actions only hastened it. Law enforcement officials requested that the bill's passage be expedited and the legislature obliged. Upon signing the Mulford Act Governor Reagan remarked that, “There’s no reason why on the street today a citizen should be carrying loaded weapons.” The Mulford Act remains a part of the California Penal Code today.
The Panther’s demonstration at the State Capitol drew the attention of the FBI. Director J. Edgar Hoover wanted a new focus on “black nationalist hate groups,” and later went so far as to say that the Black Panthers were “the greatest threat to the internal security of the country.” Throughout the coming years the FBI would encourage urban police units to confront the militant organization, implant agents and provocateurs to sow discord in their groups, and intimidate community members who were sympathetic to their cause.
J. Edgar Hoover. Public Domain.
The press would continue to provide negative coverage of the Panthers which caused the majority of Americans to condemn them and their actions. Very rarely did the press speak of police brutality or the racism that was faced by the African American community, instead they published pictures of them brandishing their guns and heavily reported on inflammatory statements made by its members. One oft published quote attributed to Huey Newton went, “Political power comes through the barrel of a gun.” While one may think that this hurt the Party it actually helped them in the short term. The group wanted to be seen as militaristic, and as striking fear in the hearts of white America. This condemnation from the white establishment caused them to become incredibly popular with the African American youth and their ranks began to swell. While the organization grew and spread throughout the country the negative press eventually weighed down on them as white racism became worse and the police really began taking the gloves off.
A common newspaper headline seen after the Panthers demonstration at the Capitol. Courtesy of Firearms Policy Coalition.
Starting in 1968, some chapters turned away from their “policing the police” mission and began improving their communities through other means. Many groups started providing free healthcare and some began free breakfast programs for underprivileged kids. However the media continued to berate them, partially at the behest of the FBI, saying that these social programs were only set up as publicity stunts and used as a means to indoctrinate other blacks into their organization. Between pressure from the media, police, FBI, and the American public at large the organization began to decline in the early 70s. Several internal conflicts and schisms further fractured the different groups and the Black Panther Party officially ceased operations in 1982.
In 2013 a new Black Panther Party was formed. It shared a similar message and iconography with the old one though the two did not share any sort of roots. This newer movement has seen more positive media attention as even though they do still act in a paramilitary fashion and carry weapons their main goal is to improve their community by way of food and clothing drives, community service programs, and helping provide free healthcare. Though they are still considered a hate group as they have called for violence against whites, Jews, and police officers.
Modern Black Panther Party during a march. Courtesy of the LA Times.
Gun Rights and the NRA
Scholars, civil rights and gun rights activists still debate the Mulford Act today. People of all groups, particularly the latter two, have called the bill racist and pushed for its repeal. However some scholars do defend the bill by claiming that it has kept the streets safer, despite there being no real evidence to back this claim up. Like the legislature in 1967, some scholars have also argued against the racist narrative of the bill. Undoubtedly the bill's main target was the Black Panther Patrols, but they were not the only group stymied by it. Many suburban whites in California were also forming their own armed patrols out of fear of blacks threatening their neighborhoods. These white patrols also worried police and they attempted to warn citizens against forming them, though the police were usually ignored. In a letter Legislator Mulford defended his bill by saying that it was to protect the police from all groups and was not targeted at any one in particular.
Older NRA logo. Public Domain.
Even though the NRA helped craft the bill, some scholars today blame the organization for egging on the Black Panthers march on the Capitol. A day before the march the NRA published an editorial in their magazine American Rifleman titled “Who Guard’s America’s Homes?” The article pointed out how many National Guardsmen it took to put down recent civil unrest and asked what would happen if these soldiers were called overseas on active duty while there was major unrest at home. It also pointed out that cities were increasing their police forces exponentially, fomenting the fear that the formation of a police state was a very real possibility. For good measure they threw in a few examples of arbitrary gun laws being proposed that would make gun ownership more difficult. The conclusion that the article wanted the reader to reach is that the average American needs to arm themselves in order to protect against these likely threats. While it is possible that the NRA helped influence the Black Panther’s march, it is more likely that they had been planning it a few days in advance. If any of them even did read it, then the article would have only emboldened them and would not have been a direct cause. On top of this, not long after the Panther’s march and due to backlash from readers the NRA published a press release stating, “The NRA does not approve or support any group activities that properly belong to the national defense or police. The NRA does not approve or support any group that by force, violence, or subversion seeks to overthrow the Government and take the law into its hands, or that endorses or espouses doctrines of operation in an extralegal manner.”
Many people see the NRA as a bastion for gun rights and are shocked whenever they find out that the organization supported the Mulford Act. This shows a lack of understanding of what the NRA actually is. During the 1940s the organization saw a shift in views and began denouncing any and all hate groups, at one point it was even a requirement to condemn them in order to become a member. From this point up through the early 2000s the main focus of the NRA was hunting, target and sport shooting, and gun safety. The NRA believed, and still partially does to this day, that guns should be used mainly for sporting purposes when outside of the home and believed that people who owned guns should be properly trained in their handling and safety. This means that they did not so much support self defense initiatives as they did sporting activities such as hunting, target shooting, and competition. They did not support the open carry of firearms that many groups were doing in the 1960s. Of course there were members that believed firearm ownership should go beyond sporting and collection purposes, but at the time they were not the majority. When one takes this into account it is not at all surprising that the NRA was in favor of the Mulford Act, even if it was an infringement on the Second Amendment.
American Rifleman article “Who Guards America’s Homes?” Courtesy of the NRA.
Personal Thoughts
I can understand the reasoning behind the Mulford Act but I personally see it as an overreaction. In my opinion this law, as well as any gun law, is a direct infringement of the Second Amendment, no matter how well meaning. Do I think the bill was racially motivated? Yes, but I do not think it was the entire reason as it did affect people from all races. I do believe it should be repealed however and does make a good argument for gun control being a racist concept.
I find it funny that the poster boy for the Republican Party passed more gun control in his time in office than any Democrat did, and with the backing of the NRA. Even to this day the NRA is not as pro-gun as they are made out to be. Which is why many people, myself included, have stopped supporting them in favor of Gun Owners of America and Firearms Policy Coalition. Funnily enough as I was writing this article I saw that the NRA filed for bankruptcy and is reorganizing its assets.
As for the Black Panther Party, I don’t think they were as dangerous as they were made out to be. if they were not subverted by the FBI I think they could have possibly been a real asset to the black community and be a very strong organization today.
Sources
Cover photo courtesy of Grist
https://capitolweekly.net/black-panthers-armed-capitol/
https://www.pbs.org/hueypnewton/actions/actions_capitolmarch.html
https://www.youtube.com/watch?v=6woXE-RPY7A
https://www.youtube.com/watch?v=KD3uemBXG74
https://www.nytimes.com/1967/05/03/archives/armed-negroes-protest-gun-bill-30-black-panthers-invade-sacramento.html
https://www.nytimes.com/2016/10/16/us/black-panthers-50-years.html
https://cdnc.ucr.edu/?a=d&d=MT19670503.2.3&e=-------en--20--1--txt-txIN--------1
https://sites.law.duke.edu/secondthoughts/2020/04/08/the-black-panthers-nra-ronald-reagan-armed-extremists-and-the-second-amendment/
http://publicfiles.firearmspolicy.org/mulford-act/california-ab1591-1967-mulford-act-bill-file.pdf
https://www.justice.gov/entity-popup/file/432111
