Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Sharply Divided Connecticut Bar Members Vote to Abandon Brady Campaign's Anti-gun Litigation Effort

Friday, November 7, 2014

Lawyers are generally required to be admitted to the bar association of a given jurisdiction (and to pay bar dues) before being allowed to practice in that locale. The overarching purpose of bar associations is to maintain the integrity, trust, and quality of the legal profession, and more broadly, to promote justice and the rule of law. Bar associations pursue these goals by, for example, establishing minimum standards of knowledge or competence for entering the profession, rules of professional ethics and conduct, continuing education requirements and opportunities, and free or affordable legal aid programs. Experienced, knowledgeable attorneys are rarely in complete agreement about the meaning or application of the law itself, much less politics or social policy, so when a bar deviates from its inward focus on the legal profession to an outward focus on social engineering, controversy is certain to result. The reputation of the legal profession itself is also bound to suffer.

Such was the case when the Connecticut Bar Association (CBA) entered the fray over gun control. The Hartford Courant reports that following the horrific murders at Sandy Hook in December 2012, the CBA’s elected House of Delegates voted to write a letter to state officials advocating for legal restrictions on so-called “assault weapons” and “high-capacity” magazines. Some members of the association (membership in which is not mandatory to practice law in Connecticut) were understandably upset that an organization that is supposed to stand for the rule of law was actively campaigning against the fundamental civil right of keeping and bearing arms. Even some who agreed with the underlying policy goals of the legislation nevertheless felt it was inappropriate for the bar to be inserting itself into a debate that did not concern the standards of the legal profession itself. Still others opined that the effort did not reflect the view of the CBA as a whole but was primarily motivated by certain well-placed individuals within the CBA who had a strong personal connection to the events of Sandy Hook and were pursuing what was essentially a personal agenda.

Concern increased when the CBA’s House of Delegates upped the anti-gun ante by voting in July to join with the Brady Center to Prevent Gun Violence in filing a friend of the court brief in support of Connecticut’s expansive 2013 gun control law. As reported elsewhere in this alert, the law had been challenged in court and upheld by the U.S. District Court for the District of Connecticut, a decision that was then appealed to the U.S. Court of Appeals for the Second Circuit. After the delegate vote, according to the Hartford Courant, “A debate that simmered … became a revolt …. On Aug. 5, lawyers opposed to joining the Brady defense had collected sufficient petition signatures to force a referendum.” CBA President Mark Dubois admitted that he could not recall that happening at any other time during his 40 years as a member of the bar.

On August 20, Dubois announced the results of that vote, characterizing it as a tie (734 in favor versus 729 opposed). In light of this statistical dead heat, Dubois announced: “I do not feel that the best interests of the CBA would be served going forward without a clear and empirically defensible result. Accordingly, I have decided not to sign the brief prepared by the Brady Center in support of the Appellee in the matter of Shew v. Malloy.” He also acknowledged, “This process has shown that … there is some disagreement on whether or when the CBA should become involved in matters beyond those directly dealing with the operation of the courts or a narrowly defined practice of law ….”

A commentary on the controversy posted on a law-related blog aptly observed: 

The issue here isn't pro-gun or anti-gun -- it's when an association should get involved in matters that go beyond the practice of law. Bar associations should strive to represent the interests of all of their members, or at least the vast majority of them, and here, there clearly wasn't widespread support for contributing to the defense of the law.

We made a similar point a couple of years ago when the American Bar Association came out in favor of "reasonable" restrictions on guns, including an assault weapons ban. There was an immediate backlash on the ABA Journal's website, but interestingly enough, the support for gun control wasn't new -- the ABA has taken that stance for decades.

The point of these bar associations is to promote the advancement and ethics of the legal profession, not to take stances on divisive issues.

As we have often observed, support for Second Amendment rights is an authentic grassroots phenomenon, while support for gun control disproportionately resides within the elite (most of whom have no problem paying for body guards or security to assume physical risks on their behalf).  The CBA’s misadventure is just another recent example of an influential minority’s attempt to hijack a prominent platform to portray as “resolved” a gun control orthodoxy that most still recognize as fiercely contested. To the credit of the CBA’s membership at large, that attempt was unsuccessful.  

IN THIS ARTICLE
Connecticut Brady Act
TRENDING NOW
Now With More Banning! Dianne Feinstein Introduces “Updated” Federal “Assault Weapons” Ban (S. 66)

News  

Friday, January 11, 2019

Now With More Banning! Dianne Feinstein Introduces “Updated” Federal “Assault Weapons” Ban (S. 66)

On Wednesday, longtime gun control extremist Dianne Feinstein (D-CA) introduced the latest version of her perennial bid to rid America of its most popular types of rifles, as well as the standard capacity magazines that ...

Keep Telling Your Members of Congress to Oppose “Universal” Background Check Bills

News  

Friday, January 18, 2019

Keep Telling Your Members of Congress to Oppose “Universal” Background Check Bills

On January 8, two bills were introduced in Congress to impose so-called "universal" background checks. The bills, H.R. 8 and S. 42, are being misleadingly described as simply requiring background checks on all sales of firearms, but this is ...

Law for Thee But Not for Me: Pittsburgh Officials Defy DA’s Legal Advice in Gun Control Push

News  

Friday, January 18, 2019

Law for Thee But Not for Me: Pittsburgh Officials Defy DA’s Legal Advice in Gun Control Push

Pittsburgh City Council member Corey O’Connor wants local residents to relinquish important aspects of their Second Amendment rights. If they refuse, he would have it cost them their liberty and treasure. But O’Connor himself apparently ...

Who Are the Real Extremists?

News  

Friday, January 18, 2019

Who Are the Real Extremists?

NRA is often vilified by the gun-ban community and its supporters in the mainstream, legacy media as an “extremist” organization because of its steadfast defense of our Right to Keep and Bear Arms. A simple ...

Wisconsin: Governor Evers Starts Session with Gun Control Push

Monday, January 14, 2019

Wisconsin: Governor Evers Starts Session with Gun Control Push

With the 2019 Wisconsin Legislative Session convened, Governor Tony Evers and Attorney General Josh Kaul are already working with legislators to pass sweeping gun control.

Washington: Committee Hearings Scheduled on Anti-Gun Bills

Wednesday, January 16, 2019

Washington: Committee Hearings Scheduled on Anti-Gun Bills

Anti-gun bills will be heard on January 21st at 10:00AM by the Washington state Senate Committee on Law & Justice and by the House Committee on Civil Rights & Judiciary on January 22nd at 10:00AM.

Illinois: Gov. Pritzker Signs Firearm Registration & Dealer Licensing Bill

Thursday, January 17, 2019

Illinois: Gov. Pritzker Signs Firearm Registration & Dealer Licensing Bill

Today, Governor J.B. Pritzker signed Senate Bill 337 into law.  Passed by the previous legislature in 2018, SB 337 will establish a firearm registry and shut down your local gun stores with government red tape.  Senate ...

Canada’s Gun Control Advocates Boast Handgun Ban is “Within Reach”

News  

Friday, January 11, 2019

Canada’s Gun Control Advocates Boast Handgun Ban is “Within Reach”

On August 28, 2018, Canadian Prime Minister Justin Trudeau instructed Bill Blair, his minister of Border Security and Organized Crime Reduction, to examine the feasibility of “a full ban on handguns and assault weapons in ...

Monster Mistake, Take Two?

News  

Hunting  

Friday, January 11, 2019

Monster Mistake, Take Two?

Capitulating to radical, anti-gun extremism has become acceptable to some within the business community in recent years, especially for companies that seem to care little about our rights protected by the U.S. Constitution.  We’ve seen banks ...

New Mexico: Governor Lujan Grisham Highlights Gun Control In Opening Day Speech

Thursday, January 17, 2019

New Mexico: Governor Lujan Grisham Highlights Gun Control In Opening Day Speech

In her opening day speech to state lawmakers, New Mexico Governor Michelle Lujan Grisham called on them to pass various gun control proposals that she supported on the campaign trail and which have been filed in the ...

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.