NRA Explore
APPEARS IN News

Contrary Evidence To Waxman Letter

Saturday, October 23, 1999

Solicitor General Seth P. Waxman issued a letter on August 22, 2000, stating that the Second Amendment does not protect an individual right. The letter only tells part of the story. It mainly cites old cases, several Supreme Court cases that are cited are misinterpreted and recent cases supporting a contrary view are ignored. Below is the evidence that contradicts his letter, you be the judge.(Click here to see the letter.)

United States v. Miller, 307 U.S. 174 (1939). The court refused to take judicial notice that a short-barrelled shotgun was useful for militia purposes. Nowhere did the court hold that an individual does not have a right to keep and bear arms. Miller has been interpreted as protecting an individual right to bear arms.

Presser v. Illinois, 116 U.S. 252 (1886). The court held that Bill of Rights restrains Congress and not the states. This was a preincorporation case. Nowhere did the court hold that an individual does not have a right to keep and bear arms.

The U. S. Supreme Court has recently recognized the Second Amendment as an important individual right. Planned Parenthood v. Casey, 112 S.Ct. 2791, 2805, 120 L.Ed.2d 674, 696 (1992); United States v. Verdugo-Urquidez, 494 U.S. 259, 265 (1991). These two cases were ignored.

The most recent case Waxman cites from a lower court is United States v. Hale, 978 F.2d 1016 (8th Cir. 1992). He ignores the special concurring opinion supporting an individual right to bear arms. He also ignores the dissent in United States v. Atlas, 94 F.3d 447 (8th Cir. 1996) (per Judge Arnold: "possession of a gun, in itself, is not a crime. Indeed, though the right to bear arms is not absolute, it finds explicit protection in the Bill of Rights").

The second most recent case Waxman cites is Quilici v. Village of Morton Grove, 695 F.2d 261 (7th Cir. 1982). He ignores the dissenting opinion.

He ignores recent favorable opinions. For example, in United States v. Steven Paul Gomez, 1996 U.S. App. LEXIS 7815 at *10 n. 7, Judge Kozinski opined that "The Second Amendment embodies the right to defend oneself and one`s home against physical attack." United States v. Hutzell, ____ F.3d ____ (8th Cir. July 5, 2000): "Although an individual`s right to bear arms is constitutionally protected, see United States v. Miller, 307 U.S. 174, 178-79 (1939), the possession of a gun, especially by anyone who has been convicted of a violent crime, is nevertheless a highly regulated activity, and everyone knows it."

Even Laurence H. Tribe, the influential modern liberal constitutional law expert at Harvard Law School, who personally opposes the right to bear arms, admits the following:

Perhaps the most accurate conclusion one can reach with any confidence is that the core meaning of the Second Amendment is a populist/republican/federalism one. Its central object is to arm "We the People" so that ordinary citizens can participate in the collective defense of their community and their state. But it does so not through directly protecting a right on the part of states or other collectivities, assertable by them against the federal government, to arm the populace as they see fit. Rather, the amendment achieves its central purpose by assuring that the federal government may not disarm individual citizens without some unusually strong justification consistent with the authority of the states to organize their own militias. That assurance in turn is provided through recognizing a right (admittedly of uncertain scope) on the part of individuals to possess and use firearms in the defense of themselves and their homes--not a right to hunt for game, quite clearly, and certainly not a right to employ firearms to commit aggressive acts against other persons--a right that directly limits action by Congress or by the Executive Branch and may well, in addition, be among the privileges or immunities of United States citizens protected by sec. 1 of the Fourteenth Amendment against state or local government action. Laurence H. Tribe, I AMERICAN CONSTITUTIONAL LAW 901-02 n.221 (Foundation Press 2000).

For more information about the Second Amendment see:

The Second Amendment & The United States Supreme Court

Our 2nd Amendment - The Original Perspective

"The Arms Of All The People Should Be Taken Away"

Madison & the Bill of Rights

IN THIS ARTICLE
Other
TRENDING NOW
Virginia Politician and Clinton Backer Brands Trump Supporters as “Mentally Deficient”

News  

Friday, September 23, 2016

Virginia Politician and Clinton Backer Brands Trump Supporters as “Mentally Deficient”

With the presidential race tighter than ever as it heads into its final stretch, panicked Hillary Clinton supporters are desperate to find a way to discredit, not just Donald Trump, but anyone who would dare ...

Show Your Support—NEW NRA Yard Signs Available!

News  

Friday, September 23, 2016

Show Your Support—NEW NRA Yard Signs Available!

Show your support for NRA and the Second Amendment this election cycle by purchasing an NRA yard sign.  With everything that is at stake this year, including the Presidency, the balance of the U.S. Senate ...

War on Terror or a War on Guns?

News  

Friday, September 23, 2016

War on Terror or a War on Guns?

Sadiq Khan, the mayor of London, was in New York City recently on an official visit. Commenting on the bombs that exploded while he was in town, he opined that such attacks are now simply ...

Montana: Bloomberg Targeting Missoula – Your Action Needed NOW!

Friday, September 23, 2016

Montana: Bloomberg Targeting Missoula – Your Action Needed NOW!

On Monday, September 26, the Missoula City Council is scheduled to consider an ordinance that would only create a burden for law-abiding citizens and may turn them into criminals if they unknowingly violate the ordinance.

California: Final Weekend to Sign Referendum Petitions, Signatures Still Needed

Friday, September 23, 2016

California: Final Weekend to Sign Referendum Petitions, Signatures Still Needed

This is the last weekend to sign the referendum petitions! Signatures are still needed to ensure each of the Veto Gunmageddon Referendums qualify for the 2018 ballot.

Get the Official NRA-ILA App for an Exclusive NRA Store Discount!

Take Action  

Thursday, September 22, 2016

Get the Official NRA-ILA App for an Exclusive NRA Store Discount!

For a limited time only, the official NRA Store is offering a special deal to anyone who downloads the NRA-ILA App! Once the app is installed on your smartphone, you’ll receive a discount code that you can ...

Pennsylvania: Semi-Automatic Rifle Hunting Legislation will go to the House Floor Next Week!

Hunting  

Friday, September 23, 2016

Pennsylvania: Semi-Automatic Rifle Hunting Legislation will go to the House Floor Next Week!

Next week, and important pro-hunting reform bill, Senate Bill 737, may be considered in the House of Representatives.  Please call your state Representative and urge them to vote in favor of Senate Bill 737!

California: Signature Efforts for Veto Gunmageddon Extended to September 24th

Wednesday, September 21, 2016

California: Signature Efforts for Veto Gunmageddon Extended to September 24th

If you have not yet signed the petitions to repeal the seven gun bills signed by Governor Jerry Brown earlier this year, please make sure that you do so by September 24th! After that, all ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

News  

Friday, July 1, 2016

California Governor Signs Draconian Gun Control Package into Law

Fairfax, Va.— California Gov. Jerry Brown signed into law on Friday a package of gun bills that were rushed through the state legislature with no regard for proper process. The National Rifle Association Institute for ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.