The Justice Department is now investigating the city for potentially violating the Second Amendment over its treatment of a group associated with the Black Panthers.

DOJ investigates Philadelphia for disarming Black Panther-inspired group

An article in The Conversation by two academics is shining a light on an unusual case in Philadelphia. University of Wyoming law professor George Mocsary and University of Pennsylvania lecturer Jonathan Goldstein, both affiliated with the National Rifle Association, write that the Justice Department is investigating the city after it revoked the gun licenses of several members of the Black Lion Party for International Solidarity.

Paul Birdsong, the leader of the Black Panther-inspired group, had his license to openly carry firearms revoked with little explanation beyond the city having “good cause” to do so and an evaluation of Birdsong’s “character and reputation.” At least four other members of the Black Lion Party similarly lost their licenses.

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Black Lion Party Chairman Loses License to Carry Firearms

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The move to revoke the Black Lion Party members’ gun licenses was made under an exception to Pennsylvania’s gun policies, which generally require residents to obtain a license for concealed firearms but allow state residents to openly carry firearms without a license. Philadelphia specifically requires a license for open carry as well, and critics have argued that the criteria for rejecting licenses are subjective and overly vague.

Specifically, the Justice Department said in a statement about the case, “It is a violation of the Second Amendment for government officials to use vague, personal discretion when determining whether to issue or revoke permits to carry firearms.”

Trump administration defending rights of group that opposes its policies

The intervention by the Justice Department creates an unusual situation in which the Trump administration appears to be siding with a group associated with the Black Panthers, which was targeted by federal and local law enforcement agencies for decades.

The group led by Birdsong has claimed to be a revival of the original Black Panther Party, though disputes over the Black Panther label have led to Birdsong changing the name of the group he leads.

The move by Philadelphia to disarm several members of the Black Lion Party comes after the group had a tense confrontation with law enforcement officials during a January protest against ICE, though no arrests or criminal charges resulted from that encounter.

“No ICE agent ever run up on me! I guarantee you they won’t. I’ll put a hole in their chest the size of a window,” Birdsong said in a video recorded during the anti-ICE protest.

“We’re the same Panther Party from back in the day but we’re a little more aggressive now, you dig, carry bigger guns,” Birdsong said at the time while holding “a semi-automatic shotgun” that he declared he was legally carrying.

By investigating Philadelphia for potentially violating the Second Amendment rights of Black Lion Party members, the Trump administration could end up supporting an organization that opposes the administration’s own immigration crackdown.

Given that Philadelphia has presented its law as a way to fight gun crime in the city, the DOJ investigation also runs the risk of undermining the Trump administration’s stated support for law enforcement. Trump, however, has contradicted his pro-law enforcement stance in the past, most notably through his support for Trump supporters who clashed with police on Jan. 6, 2021.

In the Justice Department’s statement about the Philadelphia investigation, the DOJ attempted to clarify that “the investigation focuses on the Philadelphia Police’s permitting system; the investigation does not support any armed obstruction of federal or local law enforcement.”

Despite the DOJ’s qualifications, its investigation appears to be placing the Justice Department on the side of a Black Panther-inspired, anti-ICE group of armed Black men. This unusual case may have important implications for gun control policies and the rights of protesters, including those protesting against the Trump administration.