Explore The NRA Universe Of Websites

Supreme Court (Again) Punts on the Second Amendment, Leaves Voters to Carry the Ball

Friday, December 11, 2015

Supreme Court (Again) Punts on the Second Amendment, Leaves Voters to Carry the Ball

On Monday, the U.S. Supreme Court declined to review a decision of the U.S. Court of Appeals for the Seventh Circuit that upheld a Chicago-area “assault weapons” ban against a Second Amendment challenge. This was the second time this year that the Supreme Court refused to hear a Second Amendment case, thereby allowing a broad gun control law to stand. As in that previous case, the court’s decision drew a strong rebuke from Justices Antonin Scalia and Clarence Thomas.

The Seventh Circuit case was Friedman v. Highland Park. As our analysis noted, the majority’s reasoning was unusually strained. For example, they suggested that even if the ban's infringement of Second Amendment rights had no beneficial effect on safety whatsoever, it could still be justified by the false sense of security it might impart to local residents. A dissenting judge wrote, “Both the ordinance and this court’s opinion upholding it are directly at odds with the central holdings of [the Supreme Court’s decisions in] Heller and McDonald.”

Justice Scalia – author of Heller – chastised his colleagues for refusing to take the case. He was joined in dissent by Justice Clarence Thomas. “[N]oncompliance with our Second Amendment precedents,” they argued, “warrants this Court’s attention as much as any of our precedents.”

Scalia elaborated on how the lower courts have ignored the Supreme Court’s prior Second Amendment decisions in upholding bans on highly-popular rifles like the AR-15. “The question under Heller is not whether citizens have adequate alternatives available for self-defense,” he wrote. “Rather, Heller asks whether the law bans types of firearms commonly used for a lawful purpose—regardless of whether alternatives exist.”

“Roughly five million Americans own AR-style semiautomatic rifles,” Scalia explained. Moreover, the “overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting.”
Under our precedents,” he concluded, “that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons.”

For now, the Supreme Court at large has seemingly abdicated its duty to protect Americans’ fundamental Second Amendment rights. Meanwhile, anti-gun politicians like Hillary Clinton are increasingly bold in promoting their prohibitionist agenda.

You don’t have a vote at the Supreme Court, but you will have one in the 2016 presidential election. Scalia warned that if the views of Highland Park and the Seventh Circuit prevail, “then the Second Amendment guarantees nothing.” When it comes to your vote for president, it should therefore mean everything.

TRENDING NOW
Turning a Right into a Privilege: HR 1112 Gives Feds Unfettered Power to Block Gun Sales

News  

Friday, February 15, 2019

Turning a Right into a Privilege: HR 1112 Gives Feds Unfettered Power to Block Gun Sales

H.R. 8, which would criminalize the private transfer of firearms, has received significant attention from the gun rights community. However, H.R. 1112, which purportedly targets the inappropriately-named “Charleston loophole,” is just as insidious an attack ...

Washington: Hearing for Bill to Expand Gun Seizures Without Due Process

Monday, February 18, 2019

Washington: Hearing for Bill to Expand Gun Seizures Without Due Process

On February 19th, the Washington state Senate Committee on Law & Justice will be holding an executive session on Senate Bill 5745 to expand the circumstances under which Second Amendment rights may be revoked without ...

H.R. 8 Markup: Liberal Democrats Markup Gun Control Legislation

News  

Friday, February 15, 2019

H.R. 8 Markup: Liberal Democrats Markup Gun Control Legislation

The Nancy Pelosi Speaker Era 2.0 continued on Wednesday, Feb. 13, with a markup of H.R 8, the “universal” background checks bill, in the House Judiciary Committee. Following on the heels of last week’s Judiciary Committee hearing, the same committee held a markup on ...

Texas: Setting the Record Straight On "Red Flag" Legislation

Tuesday, February 19, 2019

Texas: Setting the Record Straight On "Red Flag" Legislation

Over the holiday weekend, a conservative "taxpayer watchdog" group sent out an email to its contact list which gave the impression that NRA-ILA supports "red flag" legislation in Texas.  One wonders what the organization hoped to accomplish by confusing and attempting to divide ...

Another Study Blames Guns, Excludes Reality

News  

Friday, February 15, 2019

Another Study Blames Guns, Excludes Reality

A study published in Preventative Medicine by Yu Lu and Jeff R. Temple concludes that “the majority of mental health symptoms examined were not related to gun violence. Instead, access to firearms was the primary culprit.”

California: City of Los Angeles Discriminates Against NRA Supporters

Friday, February 15, 2019

California: City of Los Angeles Discriminates Against NRA Supporters

This week, the City Council Members of Los Angeles showed their extreme distain of the Second Amendment, the NRA and our supporters.  On February 12, the City Council held the first reading of a proposed ordinance that ...

Polls: No Lasting Support for Gun Control One Year After Parkland

News  

Friday, February 15, 2019

Polls: No Lasting Support for Gun Control One Year After Parkland

Thursday marked the one year anniversary of the terrible crimes at Marjory Stoneman Douglas High School in Parkland, FL. It was a somber occasion, but some media outlets couldn’t contain their glee this week that ...

Maryland: 2019 Legislative Session Begins with a Slew of Anti-Gun Bills Introduced

Thursday, February 7, 2019

Maryland: 2019 Legislative Session Begins with a Slew of Anti-Gun Bills Introduced

With the 2019 Maryland Legislative Session underway, gun control groups have made the General Assembly a target for their anti-gun agenda. 

Ohio: Legislative Fix Introduced to Correct Drafting Error

Tuesday, February 19, 2019

Ohio: Legislative Fix Introduced to Correct Drafting Error

The Senate Government Oversight and Reform Committee could soon consider Senate Bill 53. 

South Dakota: Senate to Vote on Enhanced Preemption Legislation Tomorrow

Wednesday, February 20, 2019

South Dakota: Senate to Vote on Enhanced Preemption Legislation Tomorrow

Today, the Senate State Affairs Committee passed Enhanced Preemption Legislation, House Bill 1056, by an 8 to 1 vote.

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.