Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Brady (Disinformation) Campaign Begins Against Parker V. D.C.

Friday, June 8, 2007

Parker v. D.C. may be headed for the U.S. Supreme Court, and the Brady Campaign is worried. In the case, the U.S. Court of Appeals for the D.C. Circuit declared that the right to arms is an individual right, not limited to active-duty members of the militia, and that D.C.’s bans on handguns, and on having guns assembled and loaded at home, violate the Second Amendment.

The announcement by D.C. city officials that they are considering appealing to the Court has sent the Brady Campaign into panic mode. Brady president, Paul Helmke, blurted out that "The D.C. law is an easy one to shoot at. Factually, it’s a tougher one to get behind and defend. Why is this the one we’re going to be taking up to the Supremes?"

And now, on www.gunlawsuits.org, the Brady Campaign has launched a "rolling critique" of the Appeals Court decision, beginning with a preposterous attack on the court’s interpretation of the Supreme Court’s decision in U.S. v. Miller (1939).

True to past form, Brady’s propaganda in this instance is a combination of lies, shameless spin-doctoring, and pointless and diversionary assertions. The gun-ban group claims "There is not a word to be found anywhere in the Miller opinion suggesting a right to possess arms outside of militia service." It’s an incredible claim, since Miller identified the militia as "civilians primarily, soldiers on occasion . . . .all males physically capable of acting in concert for the common defense. . . . [who] when called for service…were expected to appear bearing arms supplied by themselves."

The Brady Campaign is livid over the Parker statement that "The [Second] Amendment does not protect ‘the right of militiamen to keep and bear arms,’ but rather ‘the right of the people’ [and, thus,] the ownership and use of weaponry beyond that needed to preserve the state militias." But the Parker decision is right. As it pointed out, in U.S. v. Cruikshank (1876), the Supreme Court declared that the right to arms "is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence."

"The pre-existing right to keep and bear arms," the court in Parker went on to say, "was premised on the commonplace assumption that individuals would use them for these private purposes, in addition to whatever militia service they would be obligated to perform for the state. The premise that private arms would be used for self-defense agrees with Blackstone’s observation, which had influenced thinking in the American colonies, that the peoples’ right to arms was auxiliary to the natural right of self-preservation. The right of self-preservation, in turn, was understood as the right to defend oneself against attacks by lawless individuals, or, if absolutely necessary, to resist and throw off a tyrannical government."

D.C. has two more months to decide whether to appeal its loss to the Supreme Court. Stay tuned to future Alerts for further developments on this situation.

TRENDING NOW
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

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.