Explore The NRA Universe Of Websites

APPEARS IN Second Amendment

United States Department Of Justice <BR>Affirms Second Amendment <BR>As Individual Right

Friday, December 24, 2004

"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."

The clearest and most comprehensive statement ever made by the Executive Branch on the true meaning of the Second Amendment was recently released by the Justice Department. In a memorandum posted on their web site December 17, 2004, the Justice Department concludes without reservation that "the Second Amendment secures a personal right of individuals, not a collective right that may only be invoked by a State or a quasi-collective right restricted to persons serving in organized militia units."

The opinion does not address the constitutionality of particular laws placing limits on the possession, carrying, or use of firearms. It does note that certain classes of people (felons, those addicted to drugs or alcohol) can be prohibited from owning firearms and that certain types of firearms can be regulated.

This memo, for its excellent research, adds much to Second Amendment scholarship. But its major impact will be on the courts — and the Department itself.

The memo calls current judicial opinions an "unsettled legal landscape," where no theory holds firm. Stephen Halbrook, respected Second Amendment litigator and historian, says of the memorandum, "It is a highly credible message to the courts, for it exhibits a depth of understanding about the Second Amendment that few jurists have ever attained, and should be persuasive in future decisions."

The Department of Justice defends federal firearms laws. When it comes to interpreting the Second Amendment, it has flip-flopped. According to Mr. Halbrook, this monumental opinion "promises to keep the Department on the high road, for it is irrefutable in its analysis and its history." For gun owners now, and in the future, this is great news.

NRA is closed tomorrow, Christmas Eve. Also, due to the New Year`s holiday, next week`s Grassroots Alert will be transmitted on Thursday, December 30. Please have a safe and happy Christmas holiday!

TRENDING NOW
Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

Maryland: Governor Hogan Signs Apprentice Hunting Legislation into Law

Thursday, May 4, 2017

Maryland: Governor Hogan Signs Apprentice Hunting Legislation into Law

Today, Maryland Governor Larry Hogan signed House Bill 1427 into law.

Washington: NRA Files Amicus Brief in Challenge to Kitsap County Anti-Gun Ordinance

Monday, May 22, 2017

Washington: NRA Files Amicus Brief in Challenge to Kitsap County Anti-Gun Ordinance

Last week, attorneys on behalf of the NRA filed an amicus brief in Kitsap County v. Kitsap Rifle and Revolver Club (Kitsap II), the case which challenges Kitsap County’s firearm discharge ban and range licensing scheme.  Kitsap Rifle and ...

From My Cold Wet Hands: Humorless Scold Targets Squirt Guns

News  

Friday, May 19, 2017

From My Cold Wet Hands: Humorless Scold Targets Squirt Guns

We have yet to reach Memorial Day, but the fun police have already set their sights on at least one cherished summer childhood activity. In an article for Pupsugar.com, titled, “Why Kids Should Never Play ...

Court&#39;s Commonsense Conclusion: &quot;There Was a Gun&quot; Isn&#39;t Enough to Justify Issuing a Restraining Order

Second Amendment  

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...

Kansas: Senate Committee Passes Gun Free Zone Legislation, Again

Tuesday, May 23, 2017

Kansas: Senate Committee Passes Gun Free Zone Legislation, Again

Last week, the Senate Committee of the Whole referred an amended version of House Bill 2278 back to the Senate Ways and Means Committee.

California: AB 424 Passes Assembly - Appropriations Committees to Consider Suspense Items

Tuesday, May 23, 2017

California: AB 424 Passes Assembly - Appropriations Committees to Consider Suspense Items

Friday, May 26th is the deadline for the fiscal committees to pass bills to the floor from the chamber of origin.  On Thursday, May 25, the Senate AppropriationsCommittee is scheduled to consider Senate Bill 464 and Senate Bill 497. ...

California: Draft &quot;Assault Weapon&quot; Regulation Language Now Available

Thursday, May 18, 2017

California: Draft "Assault Weapon" Regulation Language Now Available

Today, May 18, a draft copy of the "Assault Weapon" regulations has been made available

Federal Lawsuit Challenging California’s Ban on Standard Capacity Magazines Filed

Thursday, May 18, 2017

Federal Lawsuit Challenging California’s Ban on Standard Capacity Magazines Filed

Today, May 18, the National Rifle Association Institute for Legislative Action (NRA-ILA) announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s ban on the possession ...

Nevada: Governor Sandoval Signs AB 118!

Monday, May 22, 2017

Nevada: Governor Sandoval Signs AB 118!

Today, May 22, Governor Brian Sandoval signed important pro-gun legislation, Assembly Bill 118, into law.  AB 118, sponsored by Assemblyman Skip Daly, will allow members of the military and those who have received an honorable ...

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.