Four traditional civil rights laws are
now included
in Gun Laws of America. Use our national directory,
or buy the book, for the text of the statutes.
Click here for the news release about this change.
18 USC § 241. Conspiracy against rights
The Gist: If two or more people conspire to injure, oppress, threaten
or intimidate any person in the free exercise or enjoyment of any right
or privilege secured under the Constitution or laws of the United States,
they shall be fined, or imprisoned up to ten years, or both. The same
penalty applies if two or more people go, in disguise, on the highway,
or on the premises of a person, with similar intent to prevent or hinder
such rights or privileges.
If death results from such acts, or if such acts include kidnapping, attempted
kidnapping, aggravated sexual assault, attempted aggravated sexual assault,
or an attempt to kill, they may be fined, imprisoned for any term of years
up to life, or put to death.
Based on the plain language of this statute, it appears that such offenses
occur with respect to the right to keep and bear arms, guaranteed by the
Second Amendment. See also 18-242, 18-1001 and 42-1983.
18 USC § 242. Deprivation of rights under color of law
The Gist: Anyone who, under color of any law, statute, ordinance, custom
or regulation, willfully deprives any person of any rights, privileges,
or immunities secured or protected by the Constitution or laws of the
United States, shall be fined, or imprisoned for up to one year, or both.
If bodily injury results, or if the violation includes the use or attempted
or threatened use of a dangerous weapon, explosive or fire, the prison
term rises to up to ten years. If death results, or if such acts include
kidnapping, attempted kidnapping, aggravated sexual assault, attempted
aggravated sexual assault, or an attempt to kill, the violator may be
fined, imprisoned for any term of years up to life, or put to death. This
applies also to anyone subjecting a person to different penalties than
a citizen would face, because of color, race or being an alien.
Based on the plain language of this statute, it appears that such offenses
occur with respect to the right to keep and bear arms, guaranteed by the
Second Amendment. See also 18-241, 18-1001 and 42-1983.
18 USC § 1001. Statements or entries generally
The Gist: A person who knowingly and willfully makes any false, fictitious,
or fraudulent statements, in any matter within the jurisdiction of the
executive, legislative or judicial branches of the federal government,
shall be fined, or imprisoned for up to five years, or both. The offense
includes falsifying, concealing or covering up by any trick, scheme or
device, a material fact, or making or using any false writing or document.
The degree to which this applies to denial of the right to keep and bear
arms, under false or misleading pretense by law enforcement or other officials,
is unclear. Limited exceptions to this statute exist for certain judicial
proceedings, legislative activity and investigations by Congress. This
law has roots that trace back to March 4, 1909. See also 18-241, 18-242
and 42-1983.
42 USC § 1983. Civil action for deprivation of rights
The Gist: Every person who, under color of law or other presumption of
authority, deprives a person of any right, privilege or immunity secured
by the Constitution or by law, is liable to that person for damages in
a lawsuit or other proper form of redress. Limited exceptions exist for
judicial officers acting in their official capacity.
The roots of this law stretch back to the post-Civil War era, in the Civil
Rights Act of Apr. 20, 1871. The tangential but obvious connection of
this law to gun law is part of a reexamination of the guarantee of the
Second Amendment right to keep and bear arms as a basic civil right. See
also 18-241, 18-242 and 18-1001.