Explore The NRA Universe Of Websites

APPEARS IN Second Amendment

Democracy In Peril

Friday, September 10, 2010

“. . . [T]he Framers did not write the Second Amendment in order to protect a private right of armed self-defense.”--Justice Stephen Breyer

“By its terms, the Second Amendment does not apply to the States; read properly, it does not even apply to individuals outside of the militia context.”--Justice John Paul Stevens

Those words in McDonald v. City of Chicago are at the core of a judicial activist attack on the Second Amend-ment, signed by four associate justices of the United States Supreme Court: John Paul Stevens, Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor.

They are the heart of two blunt U.S. Supreme Court dissents filed in opposition to the Court’s majority, which confirmed that the Second Amendment and its implicit individual right to armed self-defense must be applied to all levels of government.

Had these four justices been joined by a single new anti-Second Amendment vote on the high court, their words would have been the law of the land.

It didn’t happen that way, thanks entirely to courageous court appointments by then-President George W. Bush and a pro-Second Amendment U.S. Senate majority that fought hard to clear the nominations of John Roberts as chief justice and Samuel Alito as associate justice.

With those appointments, the future of the Second Amendment as protecting an individual right was assured: first, in the sea-change D.C. v. Heller case two years ago, striking down the District of Columbia gun ban as violating the individual Right to Keep and Bear Arms; then with the McDonald case in June 2010 applying that decision to every level of government, including Chicago and its suburb, Oak Park.

With Heller, the court recognized armed self-defense as a core element of the individual Right to Keep and Bear Arms. In McDonald, Justice Alito’s majority opinion was joined by Chief Justice Roberts, and Justices Clarence Thomas, Anthony Kennedy and Antonin Scalia.

This adds up to a stunning victory, but with a huge cautionary flag. The dogmatically anti-Second Amendment minority on the high court is within a heartbeat of reversing both Heller and McDonald, especially with an Obama rubber-stamp Senate and a Judiciary Committee dominated by the likes of New York’s Charles Schumer.

The outcome of any future Second Amendment case before the high court would be disastrous if President Barack Obama and his Senate ideological water-carriers retain power to load the court.

So far--in terms of anti-gun high court nominations--Obama is batting a thousand. Justice Sotomayor, to gain confirmation, pledged that she considered the Heller decision to be “settled law,” yet she signed on to Justice Breyer’s vehement dissent in McDonald, which declared there is no such individual right. And as President Obama’s nominee to replace outgoing Justice Stevens, Elena Kagan has earned our firm opposition for confirmation due to her record of hostility to Second Amendment rights as a staff member in Bill Clinton’s White House.

Since Kagan would replace an anti-Second Amendment jurist on the high court, the 5-4 balance remains the same, but all that could change with the next vacancy.

Again, look no further than the threats leveled by the minority in McDonald.

Had there been five instead of four anti-Second Amendment justices, the Right to Keep and Bear Arms would be effectively written out of the Bill of Rights.

As Justice Breyer wrote, “After all, the Amendment’s militia-related purpose is primarily to protect States from federal regulation, not to protect individuals.” Breyer’s opinion was also signed by Justice Ginsburg.

As for self-defense, try this from Justice Stevens:

“In my view, the Court badly misconstrued the Second Amendment in linking it to the value of personal self-defense above and beyond the functioning of the state militias. . . .”

Or this embrace of foreign law:

“. . . [T]he experience of other advanced democracies, including those that share our British heritage, undercuts the notion that an expansive right to keep and bear arms is intrinsic to ordered liberty. . . . it is silly--indeed, arrogant--to think we have nothing to learn about liberty from the billions of people beyond our borders.”

It takes no imagination to see where this is going. Try the United Nations and the kind of global gun-ban treaty pressed by internationalist billionaire and Obama moneybags mentor, George Soros.

A sobering revelation about the future liquidation of the Second Amendment came last year from Justice Ginsburg, who told the elite Harvard Club that when majority opinions are “grievously mistaken,” as in the Heller case, minority opinions would be used to rewrite legal history and thus create a purely “collective right connected to the militia.”

Unless we get our friends, family members and co-workers to the polls November 2 to create a pro-Second Amendment Senate that can block anti-Second Amendment nominees, we will face what Justice Scalia warns is “a system in which unelected and life-tenured judges always get their way.” Such an approach, he warned, “puts democracy in peril.”

All of this will come true, unless we do the right thing this November: Vote Freedom First!

TRENDING NOW
“Fact Checker:” Joe Biden’s “Gun Ban” Not a Gun Ban Because Some Guns Wouldn’t Be Banned

News  

Monday, July 15, 2019

“Fact Checker:” Joe Biden’s “Gun Ban” Not a Gun Ban Because Some Guns Wouldn’t Be Banned

Facebook has teamed up with what it calls “third-party fact-checkers” to punish users of its platform that post information embarrassing or inconvenient to the political outlook of its principals. Yet like most sources of what ...

Oregon: Initiative Filed to Restrict Self-Defense

Friday, July 19, 2019

Oregon: Initiative Filed to Restrict Self-Defense

On July 18th, Initiative Petition 40​ was filed in Oregon to restrict the Second Amendment rights of law abiding adults by imposing a broad, one-size-fits-all method of storing firearms.  This egregious attack on our freedoms uses virtually ...

Hollywood Fantasy v. Reality on Firearm Suppressors

News  

Monday, July 15, 2019

Hollywood Fantasy v. Reality on Firearm Suppressors

It’s no secret that Hollywood has a very loose relationship with reality.  The movie industry, after all, is based on fantasy and escapism, and that’s not necessarily a bad thing.  If someone wants to forget ...

Presidential Pretender Who Campaigned on Gun Control First to Call It Quits

News  

Monday, July 15, 2019

Presidential Pretender Who Campaigned on Gun Control First to Call It Quits

On Monday, Eric Swalwell became the first of the many pretenders for the Democrat presidential nomination to bow (or perhaps slink) out of the race. The U.S. Congressman from California’s 15th District had tried to distinguish himself from ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

NRA Statement On Virginia Special Session

News  

Tuesday, July 9, 2019

NRA Statement On Virginia Special Session

FAIRFAX, Va.–   The interim executive director of the National Rifle Association Institute for Legislative Action, Jason Ouimet, released the following statement today regarding the special session in Virginia:  "The National Rifle Association has a long ...

California: City of San Diego Considers Gun Control Ordinance

Friday, July 12, 2019

California: City of San Diego Considers Gun Control Ordinance

San Diego City Attorney, Mara Elliott has asked the City Council to consider a draft ordinance that would require mandatory locked storage of firearms in the home and would propose a conflicting law regarding the reporting of ...

Hawaii: Governor Ige Signs Anti-Gun Legislation

Wednesday, July 10, 2019

Hawaii: Governor Ige Signs Anti-Gun Legislation

On July 9th, Governor David Ige signed the final remaining anti-gun bill awaiting his consideration, Senate Bill 600. This comes on the heels of him signing Senate Bill 1466 on June 27th. 

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

Wednesday, July 3, 2019

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

CRPA, with the support of NRA, challenged the ammunition background check law in court months ago with the filing of the Rhode v. Becerra case. The lead plaintiff in the case is Olympic gold medalist shooter ...

Recent Poll Shows Gun Control Not as Popular as Some Would Like to Believe

News  

Monday, July 8, 2019

Recent Poll Shows Gun Control Not as Popular as Some Would Like to Believe

A recent Morning Consult/POLITICO poll, conducted immediately prior to the recent  Democratic debates and gathering responses from 1,991 registered voters, asked about views toward the candidates, issues of potential importance in the election, voting intention, and ...

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.