Explore The NRA Universe Of Websites

APPEARS IN Second Amendment

Attorney General Ashcroft & The Second Amendment

Thursday, July 1, 2004

by Stephen P. Halbrook

The Second Amendment to the U.S. Constitution protects an individual right to keep and bear arms, explained U.S. Attorney General John Ashcroft, by letter dated May 17, 2001, to James Jay Baker, Executive Director of the National Rifle Association's Institute for Legislative Action. The Violence Policy Center, a lobbying organization which seeks to ban guns, has responded with a superficial attack entitled Shot Full of Holes: Deconstructing John Ashcroft's Second Amendment.

Click above to see and read General Ashcroft's Letter.

The VPC document combines flawed historical interpretation with hysteria, such as that Ashcroft's views would protect "armed career criminals" in their deadly pursuits. While the Fourth Amendment right against unreasonable search and seizure and other Bill of Rights guarantees protect even criminals, no one disputes that such criminals have no right to keep and bear arms. Indeed, the Ashcroft Justice Department has launched a vigorous campaign -- absent in the Reno Department -- against felons who possess firearms.

On assuming office, Attorney General Ashcroft took an oath to support and defend the Constitution, which includes the Second Amendment. From the standpoint of legal ethics, it is admirable when prosecuting authorities candidly concede that they or their predecessors took an erroneous position regarding the law, for their duty is to see that justice is done, not to win cases at any price. Yet VPC has filed an ethics complaint against Ashcroft for expressing in good faith (and with persuasive documentation) an opinion about a provision of the Bill of Rights.


VPC purports to refute Ashcroft's two-page letter on the Second Amendment, but VPC's silence on the Constitution's text is deafening. The Second Amendment provides: "A well regulated militia, being necessary for the security of a free state, the right of the people to keep and bear arms, shall not be infringed." This "right of the people" is not limited, as VPC claims, to actual service in a state military force. The Framers knew how to limit a right to actual service -- the Fifth Amendment provides for indictment by grand jury "except in cases arising . . . in the militia, when in actual service . . . ."

TRENDING NOW
Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

News  

Friday, March 15, 2019

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

On Thursday, the Connecticut Supreme Court created a dangerous new exception to the Protection of Lawful Commerce in Arms Act (PLCAA), a strong safeguard for our right to keep and bear arms.  

Yesterday’s Scandal, Today’s Mandate: Anti-gunner Embraces Operation Choke Point as Official Policy

News  

Wednesday, March 13, 2019

Yesterday’s Scandal, Today’s Mandate: Anti-gunner Embraces Operation Choke Point as Official Policy

On Tuesday, U.S. Rep. Carolyn Maloney (D-NY) unabashedly embraced the tactics behind one of the most shameful policies of the Obama era, openly using the guise of her federal authority to berate and not so ...

Canada’s Senate Holds Hearings on “Rube Goldberg” Gun Control Law, Bill C-71

News  

Friday, March 15, 2019

Canada’s Senate Holds Hearings on “Rube Goldberg” Gun Control Law, Bill C-71

Last month, the Senate Standing Committee on National Security and Defence (SECD) concluded two days of hearings on Bill C-71, the Liberal government’s gun control bill. (An additional hearing date has been set for March 18, ...

Governor Bevin Signs NRA-backed Constitutional Carry

News  

Monday, March 11, 2019

Governor Bevin Signs NRA-backed Constitutional Carry

The NRA applauds Kentucky Governor Matt Bevin for signing Senate Bill 150 into law, an NRA-backed bill that fully recognizes the constitutional right of law-abiding gun owners to carry a concealed firearm.

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Washington: Gun Ban Bills Fail Crossover Deadline

Wednesday, March 13, 2019

Washington: Gun Ban Bills Fail Crossover Deadline

Today, March 13th at 5:00PM, was the cutoff deadline for all bills to be voted out of the chamber in which they originated.

Kentucky Governor Welcomes NRA to Bill Signing Ceremony

News  

Thursday, March 14, 2019

Kentucky Governor Welcomes NRA to Bill Signing Ceremony

Kentucky Gov. Matt Bevin welcomed NRA-ILA Executive Director Chris W. Cox to a ceremonial bill signing for SB 150, an NRA-backed bill that fully recognizes the constitutional right of law-abiding gun owners to carry a concealed ...

Nevada: Omnibus Anti-Gun Bill Introduced, Legislator Bill Introduction Deadline Extended

Monday, March 18, 2019

Nevada: Omnibus Anti-Gun Bill Introduced, Legislator Bill Introduction Deadline Extended

Today, Assembly Bill 291 was introduced by Assemblywoman Sandra Jauregui (D-41).  This omnibus anti-gun legislation is a threat to both gun owners residing in Nevada and those who are visiting. 

Wednesday, March 13, 2019

Florida Alert! Moms Demand Action Publicly Criticized for INACCURATE Testimony

On Tuesday, March 12, 2019, two bills supported by NRA & USF were heard and overwhelmingly passed in the House Criminal Justice Committee.  Ms. Shannon Guse, speaking on behalf of Moms Demand Action, made patently false ...

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.