Explore The NRA Universe Of Websites

American Bar Association Continues to Attack Gun Owners, Due Process

Friday, August 18, 2017

American Bar Association Continues to Attack Gun Owners, Due Process

Over the years, the American Bar Association has defended the due process rights of some very unpopular groups, including, enemy combatants, terror suspects, and convicts on death row. The organization also advocates that stringent due process standards be applied to the disposition of positive rights, such as “universal access to healthcare,” and welfare benefits. Such advocacy might give some the false impression that the ABA holds a principled position on due process rights in general. When it comes to the due process rights of gun owners, however, the ABA has abandoned any pretense of principle and adopted the prevailing left-wing orthodoxy.

At the 2017 ABA Annual Meeting, held August 10-13, the ABA House of Delegates adopted Resolution 118B, which “urges state, local, territorial, and tribal governments to enact statutes, rules, or regulations authorizing courts to issue gun violence restraining orders.” Gun violence restraining orders force a gun owner to surrender their firearms to law enforcement, or authorize law enforcement to seize said firearms, absent a disqualifying criminal conviction. NRA has opposed such legislation where introduced because such orders diminish the due process afforded an individual before they are stripped of their Second Amendment rights, and because of these orders’ obvious potential for abuse.

Under the resolution, governments are encouraged to implement legislation to allow for confiscation even after ex parte orders, which are orders that can be issued without the target of the restraining order present to provide evidence in their own defense.

Fleshing out the proposal, the ABA resolution states that the legislation should contain the following three provisions, 

  1. That a person (a “petitioner”) with documented evidence that another person (a “respondent”) poses a serious threat to himself or herself or others may petition a court for an order temporarily suspending the respondent’s possession of a firearm or ammunition; 
  2. That there shall be a verifiable procedure to ensure the surrender of firearms and ammunition pursuant to the court order; and
  3. That the issuance of the gun violence restraining order shall be reported to appropriate state or federal databases in order to prevent respondent from passing a background check required to purchase a firearm or obtain a firearm license or permit while [the] restraining order is in effect.

The ABA resolution contains no provisions or language meant to secure, or even acknowledge, the rights of the target of a gun violence restraining order.

According to a report from the ABA Journal, there were some opposed to the adoption of Resolution 118B. Former chair of the ABA Section of Individual Rights & Responsibilities Peter Langrock opposed the measure, stating, “I’m here because I’m a lawyer and I believe in the Constitution.” Further explaining his position, Langrock noted that gun violence restraining orders could implicate the First Amendment, as the orders could be used to strip a person of their rights based on speech. Moreover, Langrock pointed to the resolution’s significant implication for due process rights. In an encouraging sign for the future, ABA’s Law Student Division also registered their dissent.

Other ABA Annual Meeting attendees brushed off these legitimate concerns. Estelle Rogers, an executive committee member of the ABA’s woefully misnamed Section of Civil Rights and Social Justice, referred to this diminution of due process and Second Amendment rights as “a modest common-sense reform.”  Ms. Rogers would do well for herself and the profession to review the case law regarding the numerous abuses of constitutional rights taken under the banner of “modest” and “common-sense” reforms.

The 2016 compilation of legislative policies of the ABA includes a raft of gun control proposals. In it, the ABA advocates for outmoded gun control measures, such as limits on the sale and possession of affordable handguns and waiting periods. The organization also supports a ban on commonly-owned semi-automatic firearms, a ban on .50-caliber rifles, gun owner licensing, and legislation to make flawed microstamping technology mandatory.

The organization often uses the ABA Journal, which it contends is “read by half of the nation’s 1 million lawyers every month,” to push these policies. In 1990, the journal featured a column by ABA President L. Stanley Chauvin Jr. that advocated on behalf of a semi-auto ban. Worse, when addressing the potential Second Amendment implications of such legislation, the ABA president rejected any notion that the Second Amendment protected an individual right. Chauvin contended,

If the framers of the Constitution had intended the arms language to be a personal right, we might rhetorically ask why they did not list it with the others in the First Amendment. The Answer is simple: The framers did not want it there, and did not intend for it to be there.

Further, the ABA has routinely collaborated with a who’s who of gun control activists. The 1990 ABA Annual Meeting featured an address by Handgun Control, Inc.’s Sarah Brady. In 1994, the ABA joined the Joyce Foundation (who is a major source of funding for the handgun prohibitionist organization Violence Policy Center) to put on the National Conference on Gun Violence, which featured an appearance by the Bradys and several Clinton Administration officials.

Despite the ABA’s more than 50-year history of gun control advocacy, Resolution 118B stands out as notably pernicious. The organization has never respected Second Amendment rights, but in order to endorse this resolution the ABA necessarily disregarded constitutionally guaranteed due process protections; something the group purports to cherish and that is a cornerstone of our system of government. The House of Delegates’ actions suggest that when it comes to ABA policymaking, all rights are subservient to the group’s anti-gun bias.

 

 

TRENDING NOW
Tim Walz Hunts for Voters in Outdoor Photo Op

News  

Monday, October 21, 2024

Tim Walz Hunts for Voters in Outdoor Photo Op

History shows, when anti-gun politicians take to the field, gun owners have good reason to be concerned.

Florida: Vote "YES" on Amendment 2 - Protect the Right to Fish & Hunt

Monday, October 21, 2024

Florida: Vote "YES" on Amendment 2 - Protect the Right to Fish & Hunt

The upcoming 2024 General Election puts forth a proposal to Florida voters on the ballot to amend the State Constitution to affirm and protect Floridians' Right to Fish and Hunt. Amendment 2 states:

Government Gaslighting: The FBI’s Crime Data Revisions

News  

Monday, October 21, 2024

Government Gaslighting: The FBI’s Crime Data Revisions

During the September 10 debate between presidential candidates Donald Trump and Kamala Harris, ABC News moderator David Muir purported to “fact-check” Trump’s statement that “crime in this country is through the roof,” with the contradiction ...

Kamala Harris’ Record on Gun Control and Second Amendment

News  

Thursday, October 3, 2024

Kamala Harris’ Record on Gun Control and Second Amendment

Vice President Kamala Harris has consistently campaigned for draconian gun control laws, which severely limit the rights of lawful gun owners.

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

New Mexico: Governor Allows "Emergency" Public Health Order on Public Carry Bans to Expire

Thursday, October 17, 2024

New Mexico: Governor Allows "Emergency" Public Health Order on Public Carry Bans to Expire

More than a year after issuing an "emergency" executive order banning the carrying of firearms on state property and public places in Bernalillo County, anti-gun Governor Michelle Lujan Grisham has allowed the order to expire. Apparently, time has run ...

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

News  

Monday, July 29, 2024

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

Since President Joe Biden unceremoniously dropped out, or was forced out, of the 2024 presidential race on July 21, Vice President Kamala Harris has been effectively coronated as the Democratic presidential nominee.

Michigan: Governor Whitmer Signs Bill Funding Tipline to Turn in Gun Owners

Thursday, October 10, 2024

Michigan: Governor Whitmer Signs Bill Funding Tipline to Turn in Gun Owners

Today, Governor Whitmer signed House Bill 5503. Originally a bill providing critical funding for Michigan schools, it was politicized with an amendment to create an anonymous tipline for the purpose of reporting the "unsafe" storage of firearms. The ...

Biden Executive Order has First Amendment Implications

News  

Tuesday, October 8, 2024

Biden Executive Order has First Amendment Implications

As NRA-ILA noted last week, President Joe Biden has signed an executive order creating a “task force” bent on “combatting emerging firearm threats,” that purports to target “machinegun conversion devices and unserialized, 3D-printed firearms.”

Kamala Harris Claims to Own a Glock, But Supported Handgun Bans for YOU!

News  

Monday, October 14, 2024

Kamala Harris Claims to Own a Glock, But Supported Handgun Bans for YOU!

In a lame attempt to run away from her radical anti-gun and anti-Second Amendment record, Democratic presidential nominee Kamala Harris has spent the last several weeks claiming that she is a gun owner.

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.