Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Overwhelming Support For Incorporation of the Second Amendment

Wednesday, November 25, 2009

As we reported last week, on November 16, the NRA filed its brief with the U.S. Supreme Court as Respondent in Support of Petitioner in McDonald v. City of Chicago. The NRA brief asks the U.S. Supreme Court to hold that the Second Amendment applies to state and local governments through the Fourteenth Amendment. 

The McDonald case is one of several that were filed immediately after last year's decision in District of Columbia v. Heller, in which the Court upheld the Second Amendment as an individual right and invalidated Washington, D.C.'s ban on handgun possession, as well as the capital city's ban on keeping loaded, operable firearms for self-defense in the home. 

In September, the Supreme Court agreed to consider the McDonald case, on appeal from the U.S. Court of Appeals for the Seventh Circuit. That court incorrectly claimed that prior Supreme Court precedent prevented it from holding in favor of incorporation of the Second Amendment. As we argued at the time, the Seventh Circuit should have followed the lead of the Ninth Circuit Court of Appeals decision in Nordyke v. King, which found that Supreme Court precedent does not prevent the Second Amendment from applying to the states through the Fourteenth Amendment's Due Process Clause. 

As a party in McDonald, the NRA is actively involved in this case and we believe our brief makes a clear and strong case in favor of incorporation of the Second Amendment (to see a copy of NRA's brief, please click here). 

Support for incorporation of the Second Amendment is very strong, and numerous additional briefs have recently been filed and signed by both federal and state officials. 

This week, an overwhelming, bipartisan majority of members of the U.S. House of Representatives and the U.S. Senate signed an amicus curiae, or "friend of the court," brief supporting the NRA's position that the Second Amendment is incorporated against the states through the Fourteenth Amendment. The amicus brief bears the signatures of a record 251 Members of Congress and 58 Senators—the most signers of a congressional amicus brief in the history of the Supreme Court (in last year's historic Heller case, a then-record 55 Senators and 250 Representatives signed an amicus brief supporting the Second Amendment as an individual right).  (To see a copy of this brief, please click here.) 

In addition to the federal brief, a large bipartisan group of state legislators and other elected officials from all 50 states, along with more than three-fourths of state attorneys general also filed amicus curiae briefs in the McDonald case this week.  They, too, are supporting the NRA's position that the Second Amendment is incorporated against the states through the Fourteenth Amendment. 

The state legislators' brief bears the signatures of 891 state legislators and other elected officialsincluding two governors and three lieutenant governors.  The state attorneys' general brief was prepared by the office of Texas Attorney General Greg Abbott (R) and bears the signatures of attorneys general from 38 states.  Both of these briefs were filed with the U.S. Supreme Court on Monday.  (To see a copy of the state legislators' brief, please click here.  To see a copy of the state attorneys' general brief, please click here.) 

The NRA is gratified that so many members of Congress along with a large number of state legislators and state attorneys general have joined this historic effort in support of our Second Amendment freedoms.  Along with gun owners everywhere, we are grateful for their participation in ensuring that the Second Amendment applies across the nation, not just in federal enclaves. 

"It is our sincere hope that the Supreme Court will follow the Constitution's true meaning and hold that the Second Amendment applies to all law-abiding Americans, no matter what city or state they call home," said NRA-ILA Executive Director Chris W. Cox. 

Chicago has had a handgun ban and other restrictive gun laws in place for 27 years. The Supreme Court will hear arguments on McDonald v. the City of Chicago case on March 2, 2010.
TRENDING NOW
California: DOJ Issues “Notice of Modification” to Proposed Ammunition Background Check Regulations

Thursday, April 18, 2019

California: DOJ Issues “Notice of Modification” to Proposed Ammunition Background Check Regulations

Today, the California Department of Justice issued a “Notice of Modification” to their proposed regulations regarding the soon to be implemented ammunition background check procedures. As a result of these changes, a second 15-day public ...

Heeee’s Baaack: Bill Clinton Peddles Gun Control on a Wish and a Lie

News  

Friday, April 19, 2019

Heeee’s Baaack: Bill Clinton Peddles Gun Control on a Wish and a Lie

Proving there is no statute of limitations on political opportunism, this week former President Bill Clinton used the occasion of the twentieth anniversary of the tragic school shooting in Littleton, Colo. to pen an op-ed pushing ...

Maine: Firearm Seizure Bill Heads To Judiciary Committee

Wednesday, April 17, 2019

Maine: Firearm Seizure Bill Heads To Judiciary Committee

On April 22nd, the Maine Judiciary Committee will hold a hearing on Legislative Document 1312, which would allow for firearms to be seized and Second Amendment rights to be suspended without due process. 

New York Times Admits Privately-Funded “Gun Violence” Research is a Thing

News  

Friday, April 19, 2019

New York Times Admits Privately-Funded “Gun Violence” Research is a Thing

The New York Times – the “paper of record” – reports that “Gun Research is Suddenly Hot.” While we’re happy to see the Times has finally acknowledged that “gun research” can survive federal restrictions on taxpayer funded gun control ...

Indiana: Important Self-Defense Bill Passes Legislature, On to Governor

Monday, April 22, 2019

Indiana: Important Self-Defense Bill Passes Legislature, On to Governor

On April 22nd, both chambers of the Indiana General Assembly voted to concur with the amendments made to House Bill 1284 during the conference committee process.  HB 1284 has been amended to now include many ...

California: Legislature Returns from Spring Break

Sunday, April 21, 2019

California: Legislature Returns from Spring Break

The California Legislature returns from spring recess this week and seven different committees are considering bills that could impact your rights. 

Media Continues to Cause Distorted Fear of School Violence

News  

Friday, April 19, 2019

Media Continues to Cause Distorted Fear of School Violence

When it comes to the wellbeing of today’s youth, one would think that all could agree that provoking unnecessary fear should be avoided. That apparently is not the case, however, when it comes to pushing ...

President to Speak at 148th NRA Annual Meetings and Exhibits in Indianapolis, Indiana on April 26

News  

Monday, April 22, 2019

President to Speak at 148th NRA Annual Meetings and Exhibits in Indianapolis, Indiana on April 26

President Donald J. Trump and Vice President Mike Pence will address NRA members at the NRA Institute for Legislative Action (NRA-ILA) Leadership Forum on Friday, April 26, 2019 in Indianapolis, Indiana. The complete list of ...

Pittsburgh Residents Seek Preliminary Injunction Against Ban on Standard Capacity Magazines

News  

Wednesday, April 17, 2019

Pittsburgh Residents Seek Preliminary Injunction Against Ban on Standard Capacity Magazines

With support from the NRA, gun owners challenging Pittsburgh’s ban on publicly carrying loaded magazines capable of holding more than 10 rounds filed a motion today seeking a preliminary injunction. If the motion is granted, ...

NRA Statement on NYSRPA's Response to New York City's Travel Ban

News  

Monday, April 22, 2019

NRA Statement on NYSRPA's Response to New York City's Travel Ban

NRA backs NYSRPA's response as New York City desperately tries to kill a lawsuit challenging the city’s unconstitutional firearm travel ban. 

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.