Mulford Act
The Mulford Act, enacted in 1967 in California, was a significant piece of gun control legislation aimed at regulating the open carry of loaded firearms. Introduced by Republican assemblyman Don Mulford and signed into law by Governor Ronald Reagan, the act emerged in response to growing concerns over the activities of the Black Panther Party for Self-Defense (BPP). The BPP, founded in Oakland, California, sought to combat police brutality and promote Black empowerment through armed patrols and community programs. The act prohibited the public from carrying loaded firearms without a permit, effectively targeting the BPP's demonstrations, which had garnered national media attention.
The Mulford Act represented a broader societal reaction to the civil rights movement's more militant factions, causing alarm among some segments of the population. Although presented as a measure to curb urban violence, the law faced criticism for its perceived racial motivations and for disarming marginalized communities. While the act did not significantly alter crime rates, it marked a pivotal moment in California’s gun control history and sparked increased activism among Black Americans. As a result of the act, the BPP shifted its focus toward community outreach initiatives while continuing to advocate for the rights of Black individuals in the face of systemic injustice.
On this Page
Subject Terms
Mulford Act
The Mulford Act was a gun control bill introduced by Republican assemblyman Don Mulford and signed into law by California Governor Ronald Reagan in 1967. The law prohibited members of the public from openly carrying loaded firearms without a permit. It was aimed at members of the Black Panther Party for Self-Defense (BPP) who were patrolling Oakland, California, neighborhoods with firearms to combat police brutality. To protest the act, thirty members of the BPP marched in front of the California State Capitol openly carrying their weapons and capturing national media attention. Despite the protest, this act led the way to California’s strict gun control laws as well as other state and national gun control restrictions.
Brief History
During the early 1960s, racial and social problems came to the forefront of US politics. Conservative Republicans, such as California Governor Ronald Reagan, supported gun control, not only to reduce violence in urban areas but also to keep guns out of the hands of militant groups that emerged during the civil rights movement of the late 1960s, such as the BPP.
The BPP was formed in 1966 in Oakland, California, by Huey Newton and Bobby Seale. Members of the BPP followed the philosophy of Malcolm X, a civil rights leader who fought for Black nationalism. In contrast to peaceful civil rights demonstrators, such as Martin Luther King, Jr, the founders of the BPP felt that more intense and militant action was needed to win the fight for racial equality and ensure the survival of Black Americans.
Gun ownership and firearm training was a major part of the BPP’s campaign against racially fueled injustice by law enforcement that was prevalent in the mid-twentieth century. Early on, Newton and Seale collected a stockpile of various types of guns. Recruits to the group were taught how to carry, maintain, and shoot the guns. In addition, they were provided with education about gun rights and how to exercise them. Encounters with the police and armed members were often made as public as possible, which provided witnesses, and usually ended without members being charged by the police or taken into custody because no laws had been broken.
Finding their campaigns successful, members also began to escort, or follow, police cars to provide advice to fellow Black Americans who were stopped by police. The group called these police patrols and ensured that both the police and their fellow gun-carrying Black Americans understood the laws concerning carrying weapons. The Second Amendment protected their right to bear arms, so the BPP saw the opportunity to carry guns as more than just a means of self-defense for fellow Black Americans. Carrying guns showed the public that they were willing to provide protection against any racially motivated actions.
Overview
The increase of militant civil rights groups that armed themselves, such as the BPP, began to cause fear among politicians in the mid-1960s. The BPP wanted the public to be aware of their activities, so the media photographed them openly carrying guns in public areas. This raised alarm among White Americans who were already uneasy with the advancement of civil rights. Politicians decided to fight back against the groups using the legislation that they relied on. Republican Assemblyman Don Mulford took action to draft a bill to repeal the law that allowed the open carrying of weapons in California.
Seale reacted to this bill on May 2, 1967, by reading a prepared statement denouncing the racist legislation on the California Capitol steps to Governor Reagan. He argued that the sole purpose of this proposed law was “aimed at keeping the Black people disarmed and powerless.” Fellow BPP members showed their support as they occupied the public area in front of the Capitol alongside him, proudly displaying loaded weapons, including .357 Magnums, 12-gauge shotguns, and .45-caliber pistols.
Despite the opposition from the BPP, the bill was quickly passed in both the state Assembly and Senate and signed into law on July 28, 1967, by Governor Reagan. Along with repealing the open carry gun laws, the act also made it illegal to have firearms in the Capitol. The march on the Capitol by the BPP was given as an example by Mulford of just how urgent the situation was. Although touted as legislation aimed at curbing criminal violence, it made little difference in violent crime statistics. However, it made many of BPP’s actions illegal and gave the police, who were not subject to the law, more power.
Although the Mulford Act was not the first gun control legislation to target a racial group, it was the first that did not explicitly mention a targeted group and applied to all citizens. Thus, it could not be called into question to violate any civil rights legislation. The National Rifle Association (NRA) also supported the gun control legislation proposed by the Mulford Act. As racial tensions increased, the organization felt threatened by the increase in the number of Black Americans arming themselves.
In response to the act, the BPP shifted its focus from primarily armed police patrols to other programs aimed at assisting Black American communities, such as health clinics, education, and other social services. The legislature also brought more attention to the BPP in other areas of the country, which increased membership, especially from young Black Americans disenchanted with the slow progress of more peaceful civil rights movements. Despite the changes, clashes with the BPP and law enforcement continued, and Seale and Newton continued to advocate using the legal system and the force from the BPP to empower fellow Black Americans.
Bibliography
Glover, Julian. “The NRA Supported Gun Restrictions Once in California. Is It Rooted in Racism?” ABC News, 27 May 2023, abc7news.com/california-gun-control-black-panther-party-laws-nra-mulford-act/13303767/. Accessed 17 June 2023.
Higginbotham, Gerald, David O. Sears, and Lauren Goldstein. “When an Irresistible Prejudice Meets Immovable Politics: Black Legal Gun Ownership Undermines Racially Resentful White Americans’ Gun Rights Advocacy.” UVA, 22 Aug. 2022, batten.virginia.edu/faculty-research/when-irresistible-prejudice-meets-immovable-politics-black-legal-gun-ownership. Accessed 17 June 2023.
Himelman, D. “Scattershot: Guns, Gun Control, and American Politics.” Harvard Law School Journal on Legislation, 23 May 2022, harvardjol.com/2022/05/23/scattershot-guns-gun-control-and-american-politics/. Accessed 17 June 2023.
Morgan, Thaddeus. “The NRA Supported Gun Control When the Black Panthers Had the Weapons.” History, 31 Aug. 2018, www.history.com/news/black-panthers-gun-control-nra-support-mulford-act. Accessed 17 June 2023.
Rondeau, Olivia and Hannah Cox. “The ACLU Claims the Second Amendment Is Racist, But Gun Control Has the Real Record on Systemic Oppression.” FEE, 3 Aug. 2021, fee.org/articles/the-aclu-claims-the-second-amendment-is-racist-but-gun-control-has-the-real-record-on-systemic-oppression/. Accessed 17 June 2023.
Vankin, Jonathan. “California Gun Control: How Ronald Reagan and the Black Panthers Started a Movement.” California Local, 13 Apr. 2022, californialocal.com/localnews/statewide/ca/article/show/4412-california-gun-control-reagan-black-panthers/. Accessed 17 June 2023.
Winkler, Adam, “The Secret History of Guns.” The Atlantic, Sept. 2011, www.theatlantic.com/magazine/archive/2011/09/the-secret-history-of-guns/308608/. Accessed 17 June 2023.