Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Halbrook Demolishes Anti-Gun Propaganda

Tuesday, October 24, 2006

When it comes to the debate over the Right to Keep and Bear Arms, few, if any, have contributed more than constitutional scholar and attorney, Stephen Halbrook. His books and law review articles are “must reading” for all (including other scholars) who are interested in the origin of the right to arms and the Second Amendment.

Now, Halbrook has come to the defense of the right to arms once again. This time, he responds to arguments currently being pushed by Ohio State University (OSU) history professor, Saul Cornell.

Most of the academics who once believed that the Second Amendment protects something other than an individual right have changed their minds or gone silent, due to the overwhelming evidence presented by Halbrook, Joyce Lee Malcolm, David Hardy, Don Kates, Sanford Levinson, Robert Cottrol, William van Alstyne, Akhil Reed Amar, Nelson Lund, and many others over the last 20-odd years.

Not Cornell. He is trying to create a niche for himself as a conspicuous dissenter, heading up the Second Amendment Research Center (SARC) at OSU. While the SARC  purports to be a “nonpartisan center promoting scholarship on issues concerning the Second Amendment to the United States Constitution and firearms regulation,” it receives funding from the radically anti-gun Joyce Foundation.

Cornell is pushing the idea that the Second Amendment requires gun control and imposes a civic duty to possess arms while serving in a militia. And he says that those who believe that the amendment protects an individual right misinterpret the writings of Judge St. George Tucker, author of the first and foremost treatise on our Constitution and Bill of Rights.

To the contrary, Halbrook points out, Tucker considered the Second Amendment the “palladium of liberty” and self-defense “the first law of nature.” Tucker lamented that under the infamous British Game Laws, only well-to-do Englishmen were permitted to hunt, but “no others can keep a gun for their defense; so that the whole nation are completely disarmed, and left at the mercy of the government, under the pretext of preserving the breed of hares and partridges, for the exclusive use of the independent country gentlemen.”

By comparison, Tucker said, under the Second Amendment our Congress has “no power to regulate, or interfere with the domestic concerns, or police of any state,” “nor will the constitution permit any prohibition of arms to the people.”

TRENDING NOW
Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

News  

Friday, January 13, 2017

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

On Monday, Sen. Mike Crapo (R-ID) – joined by co-sponsors Sens. Jerry Moran (R-KS) and Rand Paul (R-KY) – introduced S. 59, the Hearing Protection Act of 2017 (HPA). Similar legislation was introduced in the ...

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

News  

Friday, January 13, 2017

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

On January 3rd, Congressman Richard Hudson (R-N.C.8th) introduced H.R. 38, the Concealed Carry Reciprocity Act of 2017, which simply allows lawful firearm carriers from any state to carry a concealed firearm in any other state. The bill ...

Supreme Court Asked to Review California’s Restrictive Carry Regime

News  

Friday, January 13, 2017

Supreme Court Asked to Review California’s Restrictive Carry Regime

On Thursday, the NRA-supported case Peruta v. California took an important step towards restoring the right to bear arms in California.  The plaintiffs in the case, California gun owners and the California Rifle and Pistol ...

Alert: WA State Proposes Draconian Gun Ban Bills

News  

Friday, January 13, 2017

Alert: WA State Proposes Draconian Gun Ban Bills

Inspired, perhaps, by Oscar Wilde (“Moderation is a fatal thing. Nothing succeeds like excess”), Washington State Attorney General Bob Ferguson has announced two new sweeping gun control bills, with Sen. David Frockt (D-Seattle) and Rep. ...

The NRA Bids Farewell to Roy Innis, Civil Rights Champion: June 6, 1934 – Jan. 8, 2017

News  

Friday, January 13, 2017

The NRA Bids Farewell to Roy Innis, Civil Rights Champion: June 6, 1934 – Jan. 8, 2017

America lost a civil rights icon and a true free thinker with the death of Roy Innis on Jan. 8. For the NRA, his departure was personal. Mr. Innis served on the NRA’s Board of ...

Increase in Violent Crime: National Trend Driven by Local Politics?

News  

Friday, January 13, 2017

Increase in Violent Crime: National Trend Driven by Local Politics?

The FBI released its Preliminary Semiannual Uniform Crime Report earlier this week and the bad news is that violent crime increased for the second consecutive year.

NRA Applauds the Introduction of the Hearing Protection Act, H.R. 367

News  

Hunting  

Monday, January 9, 2017

NRA Applauds the Introduction of the Hearing Protection Act, H.R. 367

FAIRFAX, Va. – The National Rifle Association Institute for Legislative Action (NRA-ILA) applauded Congressmen Jeff Duncan (SC) and John Carter (TX-31) on Monday for introducing the Hearing Protection Act, an important bill that gives gun owners and sportsmen ...

Jeff Sessions’ Devotion to the Constitution Shines Through in Contentious Confirmation Hearing

News  

Friday, January 13, 2017

Jeff Sessions’ Devotion to the Constitution Shines Through in Contentious Confirmation Hearing

On January 10 and 11, the U.S. Senate Judiciary Committee held the confirmation hearing for President-elect Donald Trump’s nominee for United States Attorney General, Sen. Jeff Sessions (R-Ala.). Throughout his distinguished career in public service, ...

Kansas: Bill Introduced Attempting to Repeal Pro-Self-Defense Law

Tuesday, January 17, 2017

Kansas: Bill Introduced Attempting to Repeal Pro-Self-Defense Law

In 2013, the Kansas Legislature passed the Public Building Security Act, pro-gun legislation that amended the Personal and Family Protection Act. 

Virginia: Senate Committee to Hear Numerous Gun Bills Tomorrow

Tuesday, January 17, 2017

Virginia: Senate Committee to Hear Numerous Gun Bills Tomorrow

Tomorrow, January 18, the Senate Courts of Justice is expected to hear and possibly vote on several firearm-related bills.

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.