Explore The NRA Universe Of Websites

APPEARS IN News

Heller Was Unambiguous, Unlike Hillary

Friday, July 29, 2016

Heller Was Unambiguous, Unlike Hillary

This feature appears in the August ’16 issues of the NRA official journals.

That’s the stunning bob-and-weave answer to a simple, direct question by ABC’s George Stephanopoulos as to whether Hillary Clinton believes the Second Amendment protects an individual right. Her answer lays bare her oft-repeated big lie about support for our unique American liberty.

Allow me to dissect her smoke-screen answer. The Scalia decision she was referring to, of course, came in the 2008 5-4 landmark U.S. Supreme Court case, District of Columbia v. Heller, which struck down the District’s ban on handguns and its ban on armed self-defense in the home. 

In short, Heller marked the first-ever definitive Supreme Court decision upholding the Second Amendment as an individual right.

But let the words of the late Justice Scalia distill the meaning of that decision.

“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. …

“In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.” 

Heller was utterly unambiguous. 

It was followed in 2010 by the McDonald v. City of Chicago ruling, which struck down Chicago’s similar handgun ban, and confirmed the Second Amendment as an individual right to every corner of the nation. 

Under the guise of “universal” background checks, [Hillary] would create a massive federal database on every law-abiding gun owner and on the firearms you and I own.As a practical matter, that decision ruled that draconian gun control at local option was flat-out unconstitutional.

Those two decisions counter Hillary’s deep-seated belief that “localities and states and the federal government had a right … to impose reasonable regulations.” 

Governments do not possess rights—“We the People” do.  

Yet Hillary not only defended an all-powerful government against the people, she told Stephanopoulos that the District of Columbia’s ban on armed self-defense for law-abiding citizens was a “reasonable regulation.”

As for Hillary’s embrace of her “nuanced reading” of the Second Amendment, let former Associate Supreme Court Justice John Paul Stevens’ Heller dissent spell out what that means: 

“The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. … [T]here is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.” 

Remarkably, in the ABC interview, Stephanopoulos was so taken aback by Hillary’s refusal to answer a simple, direct question that he came at her again, this time saying:

“[T]hat’s not what I asked. I said,  ‘Do you believe their [the Supreme Court’s] conclusion that the right to bear arms is a constitutional right?’”No gun owner in America should buy into Hillary’s phony talk about her respect for the Second Amendment.

She began her reply, “If it is 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, where some of the earliest laws that were passed were about firearms.”

“If it is a constitutional right?” Reject “our history” of gun control? You bet—like laws that outlawed ownership of firearms by blacks, before and well after the Civil War.

In her ignorance of history, Hillary, in effect, endorses the Jim Crow laws that disarmed black Americans in violation of the civil rights we value as Americans.

Just think about these core beliefs held by Hillary. There is no infringement on individual rights that goes too far when it comes to the Second Amendment. After all, she has lauded the Australian gun bans that saw over a million privately owned, registered firearms taken from licensed owners and turned into scrap. 

Under the guise of “universal” background checks, she would create a massive federal database on every law-abiding gun owner and on the firearms you and I own. And such permanent record keeping was the single contributor to the success of the Australian gun-banners to ferret out what guns were held by honest citizens so they could take them for destruction.

Further, Hillary would remove the legal protections against punitive, abusive lawsuits that hold law-abiding licensed firearm dealers and makers responsible for the lawless acts of violent criminals. Those protections enacted by the Congress have been upheld by the courts because such abuse of process served only to drive the firearm industry out of business.

In short, there’s nothing under Hillary’s “common-sense” bag of evil gun-ban tricks that she won’t attempt if she takes the White House.

Moreover, if she does ascend to the presidency, she will be in a position to appoint as many as four Supreme Court justices. And all it will take is one to reestablish her “nuanced” Second Amendment. 

Stephanopoulos’ questions, by the way, were spurred by Republican presidential Second Amendment supporter Donald Trump, who said, “If she gets to appoint her judges, she will abolish the Second Amendment.” 

He couldn’t be more right.

With Trump versus Hillary, gun owners have a clear choice. 

No gun owner in America should buy into Hillary’s phony talk about her respect for the Second Amendment. When Hillary says, “The actions we can and should take can certainly be done consistent with the Constitution and the rights of gun owners,” she’s talking about her Second Amendment—the one that would take us back to the nightmare years before Heller, where tyranny as a local option was the norm and where Americans have no constitutional right to own a firearm, even for self-defense.

Wayne LaPierre

BY Wayne LaPierre

Executive Vice President, NRA

Since 1991, Wayne LaPierre has led the NRA through a period of unprecedented membership growth and political clout in defense of our Second Amendment rights. And that strength has been put to the good benefit of NRA members and gun owners. In large part because of Wayne's leadership, Right-to-Carry is now the law in 41 states. All 50 states have enacted laws to protect shooting ranges, and all 50 passed legislation to protect hunters from harassment.

TRENDING NOW
Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

News  

Wednesday, July 12, 2017

Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

Last Thursday, a federal judge in Austin, Texas, dismissed a lawsuit by several professors who sought to block the University of Texas from implementing a state law that provides for the lawful carrying of concealed ...

California: Anti-Gun Bills to be Heard in Assembly Appropriations Committee on Wednesday, July 19

Monday, July 17, 2017

California: Anti-Gun Bills to be Heard in Assembly Appropriations Committee on Wednesday, July 19

On Wednesday, July 19, anti-gun bills SB 464 and SB 497 are scheduled to be heard in the Assembly Appropriations Committee at 9AM in State Capitol room 4202.  Assembly Bill 424 remains eligible for third ...

The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

News  

Wednesday, July 19, 2017

The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

Muscatine County, Iowa, is home to about 40,000 people, and like too many places around the country, gun owners there have no public range where they can practice or compete safely. That may be changing, ...

CMP Sales of 1911s One Step Closer With House Passage of 2018 NDAA

Friday, July 14, 2017

CMP Sales of 1911s One Step Closer With House Passage of 2018 NDAA

On Friday, the U.S. House of Representatives passed H.R. 2810, the National Defense Authorization Act (NDAA) for Fiscal Year 2018. Included in the bill is a provision that would make U.S. Army surplus 1911 .45 ACP ...

Gun Control Groups: Good at Gloating, Bad at Counting on Advancing National Reciprocity Effort

Friday, July 14, 2017

Gun Control Groups: Good at Gloating, Bad at Counting on Advancing National Reciprocity Effort

Apparently, Michael Bloomberg is good at counting money but not so good at counting votes. This week, Breitbart reported that Everytown for Gun Safety, Michael Bloomberg’s gun ban conglomerate, was claiming a “win” for congressional ...

Run, Hide, Perish – Survival Do’s and Don’ts from Across the Pond

News  

Friday, July 14, 2017

Run, Hide, Perish – Survival Do’s and Don’ts from Across the Pond

The United States Department of Homeland Security (DHS) advises persons at risk of harm from an active shooter to “Run, Hide, Fight” (in that order), recommending “fight” – incapacitating or “attempt[ing] to take the active ...

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.

California: DOJ Releases Proposed Regulations Regarding Ammunition Vendor Licensing

Tuesday, July 18, 2017

California: DOJ Releases Proposed Regulations Regarding Ammunition Vendor Licensing

On Friday, July 14th, the California Department of Justice, Bureau of Firearms (“DOJ”) claims to have released its anticipated proposed regulations for the issuance of ammunition vendor licenses.  Under the Administrative Procedure Act, a government ...

Commerce Subcommittee Chairman John Culberson Steers Pro-Gun Spending Bill to House Floor

Friday, July 14, 2017

Commerce Subcommittee Chairman John Culberson Steers Pro-Gun Spending Bill to House Floor

On Thursday, the House Committee on Appropriations approved the Fiscal Year 2018 Commerce, Justice, Science (CJS) Appropriations Bill, which funds various federal agencies, including the U.S. Department of Justice, for the next year. The bill ...

One More Reason Gun Owners Should Be Celebrated

News  

Second Amendment  

Thursday, July 20, 2017

One More Reason Gun Owners Should Be Celebrated

The safety record of America’s gun owners is nothing short of stunning. 

MORE TRENDING +
LESS TRENDING -
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.