The right to keep and bear arms could be found to be protected both by 42 U.S.C. § 1981 and by the Thirteenth and Fourteenth Amendments, according to standards set forth in Jones v. Mayer. The court remarked that “history leaves no doubt that, if we are to give [the law] the scope that its origins dictate, we must accord it a sweep as broad as its language. Further, the Thirteenth Amendment clothed “Congress with power to pass all laws necessary and proper for abolishing all badges and incidents of slavery in the United States.” The black code prohibitions on possession of firearms were a badge of slavery.
Stephen P. Halbrook
Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876 page 194.
[“The black code prohibitions on possession of firearms were a badge of slavery.”
As are prohibitions against any person of legal age and sound mind regarding the possession of firearms.
Via a tweet from Chuck Petras @Chuck_Petras.—Joe]