On social-media, many are already asking why the Second Amendment did not protect Sterling and Castile, and why gun-rights advocates like the National Rifle Association are not speaking out on their behalf. In each case, there are complicated legal questions, and many of the details remain unclear, but it is true that gun-rights groups like the NRA and its allies have typically pushed for laws that would allow citizens broader freedom to bear arms than currently permitted. It is also the case that the interpretation of the Second Amendment has for decades been deeply intertwined with the ways the law protects—and more often fails to protect—African Americans in comparison with whites, a history that begins in earnest in the 1860s, flares up in the 1960s, and is again relevant today.

The Sterling case is the more complicated one. Sterling was a convicted felon, and thus probably was not legally permitted to have a gun. While Louisiana allows open carry of handguns for anyone legally allowed to possess one, concealed carry requires a permit, for which Sterling would have been ineligible. Sterling had allegedly been displaying the gun, which is the reason why police were called.

The crucial point is that the police couldn’t have known when they arrived on the scene whether Sterling’s gun was completely legal or not. An additional irony is that, according to Muflahi, Sterling had begun carrying the gun because he was concerned about his own safety—that is to say, for the very reasons that gun-rights advocates say citizens should be able to, and many argue should, carry guns.

The Castile case looks more straightforward, based on what’s known now. Assuming Castile’s permit was valid, he was placed in an impossible position by the officer. Unlike Sterling, who seems to have been resisting arrest (a fact that in no way justifies an extrajudicial execution by officers), Castile was attempting to comply with contradictory imperatives: first, the precautionary step of declaring the weapon to the officer; second, the officer’s request for his license and registration; and third, the officer’s command to freeze.*

Some activists contend that white men in the same situations would never have been shot. It’s an impossible counterfactual to prove, although there’s relevant circumstantial evidence, such as the fact that black men are much more likely to be shot by police than any other group. Raw Story rounds up stories of white people who pointed guns at police and were not shot. Castile’s shooting is reminiscent of a 2014 incident in which South Carolina State Trooper Sean Groubert pulled a black driver over in Columbia. Groubert asked the man, Levar Edward Jones, for his license and registration, but when the driver turned to get them, Groubert promptly shot him without warning. Groubert seems to have feared—however irrationally—for his safety when Jones reached into the car, but what was Jones supposed to do? He was complying with the officer’s instructions. (Groubert later pled guilty to assault and battery.)