Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

NRA And The Second Amendment

Monday, June 11, 2001

Those who founded our state and federal governments conferred upon them extensive powers but reserved to the people certain individual freedoms. Citizens demanded that our original federal Constitution be amended to include a Bill of Rights with specific provisions to safeguard cherished individual liberties.

The language and intent of the framers of the Second Amendment were perfectly clear two centuries ago. Based on the English Common Law, the Second Amendment guaranteed against federal interference with the citizen`s right to keep and bear arms for personal defense. Too, the revolutionary experience caused our forebears to address the second concern--the need for the people to maintain a citizen--militia for national and state defense without adopting the bane of liberty, a large standing army. An armed citizenry instead of a standing army was viewed as preventing the possibility of an arbitrary or tyrannical government.

As Patrick Henry put it, the "great object is that every man be armed . . . . Everyone who is able may have a gun." James Madison, who noted in the Federalist Papers that Americans had "the advantage of being armed," which was lacking in other countries, where "the governments are afraid to trust the people with arms," authored the Second Amendment. It was based on the Virginia bill of rights--and similar protections against state interference with that fundamental right.

The Founding Fathers distrusted a government which wouldn`t trust the people regardless of the level of government. The authors of the Bill of Rights made it clear that individual rights were at issue. Madison wrote that the Bill of Rights was "calculated to secure the personal rights of the people." and Albert Gallatin, later to serve as Jefferson`s Treasury Secretary, said "lt establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of."

Since the adoption of the Second Amendment--"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"--there have been two methods of trying to destroy that fundamental freedom.

The anti-gunners` first approach is, simply, to deny that a key provision of the Bill of Rights was ever intended to protect individuals. They can never cite an 18th century source for their claim that the Bill of Rights, or any provision of it, was intended to protect the "rights" of anyone but individuals. Yet they constantly assert, with the acquiescence of the news media, that only some vague "right of states to have militias" was meant. Sometimes they also allege that modern firearms were unforeseen. They ignore the fact that states had "powers," not "rights," and that a number of states guaranteed the right to keep and bear arms as well. And media types--who can spread lies around the nation in a fraction of a second, when it took over a week for news to travel throughout the early U.S.--insist the Founding Fathers could never envision guns which could be fired about twice a second rather than twice a minute.

There are those today who assert that the Second Amendment is out of date and obsolete in a modern age. If the Second Amendment is to be viewed as nothing more than a dusty 18th century relic, buried by scientific advances, then what about the First Amendment? How can those civil libertarians who forcefully denounce each and every abridgement of the First, remain absolutely silent before each and every attempted infringement of the Second?

The direct and blunt and anti-developmental approach is easy to reject for anyone willing to read history. The second--and in some ways more serious--threat to our freedoms is the incremental approach. Some lawmakers have deserted gun owners, claiming to support the right to keep and bear arms but also saying that right must be "balanced" with the needs of society as a whole.

Some also claim that banning certain guns, or parts of guns, or features of guns doesn`t constitute a serious infringement of rights. They claim society`s "greater good" outweighs the individual right to own a semi-auto with a large-capacity magazine, or a large capacity magazine itself, or . . .

The incremental approach, where the individual`s constitutional guarantee is weighed against some alleged governmental or societal need, inevitably leads to the loss of rights, sometimes to their total destruction.

The incremental approach can similarly undermine a freedom by claiming the reasons for it no longer exist. An answer to the question, if all they want is a few rifles and handguns, or a few restrictions, why not give it to them?" is that that`s not what they want. Since none of the infringements is aimed at the problem of criminal violence, each and every one is doomed to failure. The anti-gunners are sure to follow up each failure, not with an admission their policies were misguided and should be repealed, but, instead, with a call for still more restrictions on the grounds the earlier restrictions weren`t enough. Thus, every infringement, far from reducing the pressure for more restrictions, simply increases the pressure for the next curtailment of the freedoms for which our forefathers fought and died.

For 130 years the National Rifle Association of America has stood in opposition to all who step-by-step would reduce the Second Amendment right to keep and bear arms to a privilege granted by those who govern. NRA continues to fight against those who would dictate that American citizens should seek police permission to exercise their constitutional rights.

NRA believes that the Second Amendment speaks to far more than a right to enjoy firearms for hunting and target shooting, the phony "sporting purposes" notion to which so many cling. Such notions trivialize an essential freedom which NRA is honor bound to defend, a constitutional safeguard as worthy of defense as freedom of speech.
Read NRA`s Friend of the Court Brief in U.S. v. Emerson.
TRENDING NOW
A New Candidate for Confiscator-in-Chief

News  

Monday, November 11, 2019

A New Candidate for Confiscator-in-Chief

Former Texas Congressman Robert Francis O’Rourke abandoned his run for President last week, once again leaving a void for the most strident anti-gun candidate seeking the Democrat nomination. Even before declaring his candidacy for President, ...

New Hampshire: Firearm Seizure Bill Headed to House Floor

Thursday, October 31, 2019

New Hampshire: Firearm Seizure Bill Headed to House Floor

On October 30th, the New Hampshire state Criminal Justice and Public Safety Committee sent House Bill 687 to the House floor for further consideration after a motion to kill the bill failed by a vote ...

Strong Firearms Preemption Laws are More Important Than Ever

News  

Gun Laws  

Monday, November 11, 2019

Strong Firearms Preemption Laws are More Important Than Ever

Photo Courtesy of Jeremy Tremp In recent weeks, gun owners have been given two prime examples of just how important strong firearms preemption laws are to the vibrant exercise of Second Amendment rights. On October ...

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

Friday, September 20, 2019

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

On September 19th, Wisconsin Governor Tony Evers, Attorney General Josh Kaul, Representative Melissa Sargent (D-48), and Senator Lena Taylor (D-4) held a press conference calling on the Legislature to violate the Second Amendment by: 1) ...

National Hearing Conservation Association Supports Suppressors

News  

Monday, November 4, 2019

National Hearing Conservation Association Supports Suppressors

Photo Courtesy of Silencer Shop On October 28th, the National Hearing Conservation Association sent its new position paper on firearms suppressors to the American Suppressor Association. The paper, in short, recognizes the important role that ...

Bloomberg’s Gun Control Apparatus Lies to Virginia’s Firearm Owners in Election Mailing

News  

Monday, November 4, 2019

Bloomberg’s Gun Control Apparatus Lies to Virginia’s Firearm Owners in Election Mailing

Here’s a hint for Virginia gun owners and sportsmen: When you get a firearm-related election mailing with a New York City return address and proudly proclaiming that it’s printed on soy ink, you can safely ...

NRA Statement on 2019 Election  Results

News  

Wednesday, November 6, 2019

NRA Statement on 2019 Election Results

The National Rifle Association released the following statement on the 2019 election results: "As if Gov. Northam’s legacy of ineptitude wasn’t enough, Virginians are about to experience life under a distant tycoon’s thumb."

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.

NRA Member spotlight: Meet the Man Who Helped Turn an Anti-Gun Townhall into a Pro-gun Rally

News  

Monday, October 28, 2019

NRA Member spotlight: Meet the Man Who Helped Turn an Anti-Gun Townhall into a Pro-gun Rally

At a townhall meeting in Michigan this month, Congresswoman Haley Stevens appeared to lose control when the NRA came up and began emotionally screaming, “The NRA has got to go! The NRA has got to go!” ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.