Explore The NRA Universe Of Websites

APPEARS IN News

Clinton Refuses to Say Second Amendment Protects Individual Right

Friday, June 10, 2016

Clinton Refuses to Say Second Amendment Protects Individual Right

On ABC’s This Week show last Sunday, Democrat presidential candidate Hillary Clinton twice refused to say whether she believes the Second Amendment protects a fundamental, individual right to keep and bear arms.

Clinton had previously said that she disagrees with the Supreme Court’s “terrible” ruling in District of Columbia v. Heller, but that she doesn’t want to “abolish” the Second Amendment. Apparently seeking to clarify Clinton’s position on the question, ABC’s George Stephanopoulos said to her, “I want to ask you a specific question. Do you believe that an individual’s right to bear arms is a constitutional right – that it’s not linked to service in a militia?”

It was a question Clinton should easily have been able to answer “yes” or “no.” After all, the Supreme Court found it easy to do so in Heller. In that case, the District had argued that an individual had a right to keep and bear arms only when performing duties in the service of a state militia. Four justices agreed. Five justices didn’t, saying instead that the amendment protects an individual right irrespective of a person’s militia status.

Clinton didn’t want to answer the question, though. With her chance at the presidency on the line, Clinton is afraid of telling the voters that she doesn’t want the Second Amendment interpreted as protecting an individual right to keep and bear arms, and that if she were elected president, her nominees to the Supreme Court would vote to overturn Heller and reinterpret the Second Amendment as protecting no individual right whatsoever.

So, Clinton said, “there was no argument until [Heller] that localities and states and the federal government had a right, as we do with every amendment, to impose reasonable regulation.” It was an evasive answer that would satisfied some TV journalists, but unfortunately for Clinton, Stephanopoulos had done his homework. 

He pointed out that Heller didn’t forbid all restrictions on firearms, “but that’s not what I asked.” Stephanopoulos repeated his previous question: “Do you believe that [the court’s] conclusion that an individual’s right to bear arms is a constitutional right?” 

Clinton’s response: “If it’s a constitutional right, then it, like every other constitutional right, is subject to reasonable regulations. And what people have done with that decision is to take it as far as they possibly can and reject what has been our history from the very beginning of the republic. . . .”

Stephanopoulos could have asked Clinton where the Constitution recognizes any “right” of a government to restrict rights, where anyone has tried to use the Heller decision to expand the right to arms beyond what the Framers of the Bill of Rights envisioned, and whether she would like for a future Supreme Court to overturn Heller’s ruling that the right to arms is unrelated to militia service.

On the other hand, it’s possible that Stephanopoulos realized that no further questions were required. Clinton has made her position on the Second Amendment clear.

TRENDING NOW
ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

News  

Monday, December 15, 2025

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

In a landmark accomplishment in furtherance of President Donald J. Trump’s Executive Order on the Second Amendment, the U.S. Department of Justice (DOJ) has announced the creation of a new section under its Civil Rights Division - ...

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

News  

Monday, December 15, 2025

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

Earlier this month, the Washington Free Beacon ran a piece titled, “‘Assault on Our Sovereignty’: How George Soros Funds Foreign Government Lawsuits Against American Gun Makers.”

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

News  

Monday, December 8, 2025

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

Joe Biden has been out of office for over 300 days now, but his anti-gun legacy lingers, including in the form of a playbook left behind for anti-liberty governors (hello, Governor Gretchen Whitmer!) to consult. NRA-ILA ...

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

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.