Category Archives: Second Amendment

A divided federal appeals court on Tuesday held that the federal government may not bar federally licensed gun dealers from selling handguns to law-abiding citizens under 21 years old, potentially setting up the issue for the U.S. Supreme Court to decide.

The 2-1 decision by the Richmond, Va-.based Fourth U.S. Circuit Court of Appeals marked the first time that such a high-level court so explicitly extended the Second Amendment right to keep and bear arms to younger adults. The disagreement foreshadows a potential Supreme Court review.

Despite the weighty interest in reducing crime and violence, we refuse to relegate either the Second Amendment or 18- to 20-year-olds to a second-class status, wrote Circuit Judge Julius N. Richardson, who was appointed by former Republican President Donald Trump.

The plaintiffs were two adults under 21 from Albemarle County, Va., who were prevented from buying handguns from a licensed dealer, including a 19-year-old woman who wanted protection from an abusive ex-boyfriend.

In 2018, they filed suit challenging a federal law that limits federally licensed gun dealers from selling handguns and their ammunition to people under 21. Congress first enacted the restriction in the late 1960s, responding to a surge of violent crime committed by young people.

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Handgun Sales to Young People Are Protected by Second Amendment, Court Rules - The Wall Street Journal

NRA-ILA filed the opening brief in the Supreme Court case challenging New Yorks restrictive concealed-carry-licensing regime. The case provides the Supreme Court with the opportunity to finally affirm what most statesand common sensetell us: the Second Amendment protects a fundamental, individual right to bear arms for self-defense outside of the home.

For too long, New York has rationed the right to keep and bear arms to a select, chosen few within favored classes. But the Second Amendment guarantees the right of the people to keep and bear arms, not the right of a privileged few.

Despite skyrocketing crime within the Empire State, New York shamefully presumes the peoples unworthiness to defend their own lives and liberty where danger most often exists: outside the home. Those who dare to exercise their Second Amendment rights without first obtaining New Yorks blessing are automatically deemed felons. No other component of the Bill of Rights is treated this wayyet. Thus, the importance of this case and NRA-ILAs opening brief.

As indicated in the brief, NRA-ILA wholeheartedly agrees with the Justices who find it extremely improbable that the Framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen. NRA-ILA extends its sincerest thanks to its counsel at Kirkland & Ellis and the Court for its decision to accept this important case.

The case is captioned New York State Rifle & Pistol Association, Inc. v. Bruen.

Please stay tuned towww.nraila.orgfor future updates on NRA-ILAs ongoing efforts to defend your constitutional rights.

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NRA-ILA Files Opening Brief in Second Amendment Case Before the Supreme Court - NRA ILA

MADISON - Gov. Tony Evers vetoed two bills Friday that would have allowed local governments to delay drawing new district lines and attempted to prevent federal gun laws from being enforced in Wisconsin.

Evers vetoed a bill that would have allowed city councils and county boards to delay drawing new district lines until after the spring 2022 election. Supporters of the measure pointed to delays in U.S. Census Bureau data that local governments use to draw new districts.

Democrats feared that the bill could set a precedent that would allow delays in redistricting for the state Legislature and Congress where the political stakes are higher.

In his veto message, Evers objected to the way Republicans sought to address the issue of delayed data. He said delays would result in "malapportioned maps" that wouldviolate the one person, one vote principle.

Evers also vetoed a constitutionally questionable measure that would have exempted Wisconsin gun owners from federal firearms laws and required gun manufacturers in the state to include a "Made in Wisconsin" stamp.

Similar measures have been found unconstitutional in other states because state laws cannot override federal ones.

Evers, who has supported strictergun laws, questioned the bill's legal standing and called for "constructive conversations" on gun safety.

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Evers vetoes 'Second Amendment sanctuary' bill and measure to delay redistricting local election maps - Milwaukee Journal Sentinel

The United States is locked and loaded. This nation has more guns than people and, not surprisingly, an appalling level of gun violence.

The gun homicide rate in the United States is nearly eight times higher than the rate in Canada, and a whopping 100 times higher than in Britain. This year is shaping up to be particularly horrific. As of July 10, the United States had recorded more than 23,200 deaths from firearms, counting both suicides and unlawful killings, according to the Washington, D.C.-based Gun Violence Archive. We also have had more than 340 mass shootings (defined as an event involving four or more victims).

Its worth remembering, as we prepare for the onslaught, that the Supreme Court wasnt always a friendly venue for the NRA and the gun-rights lobby.

In any sane democracy, one might expect the highest court in the land to step in and do something to uphold sensible gun-control regulations when given the opportunity. But in fact, our Supreme Court is poised to do just the opposite in a case it will hear next fall.

The case is New York State Pistol Association v. Corlett. It was brought by two individuals and the state affiliate of the National Rifle Association to overturn a New York law that places strict limits on the issuance of concealed weapons permits.

Under New Yorks regulatory scheme, people seeking such permits are required to demonstrate a special need for protectionproper cause in the words of the statuteto qualify. The NRA contends the law violates the Second Amendment. It wants even more guns on our streets and in our communities.

After losing in the lower courts, the plaintiffs appealed to the Supreme Court, where they are considered likely to prevail. With the addition of three Trump appointeesNeil Gorsuch, Brett Kavanaugh, and Amy Coney Barrettconservatives now hold a solid 6-3 majority on our most powerful judicial body. No longer constrained by the need for caution and compromise, they are set to dramatically extend gun rights under the Second Amendment.

Should the New York statute be declared unconstitutional, similar measures in California, New Jersey, Delaware, Hawaii, Maryland, Massachusetts, Connecticut, and elsewhere could also fall, with dire and deadly consequences for public safety.

Its worth remembering, as we prepare for the onslaught, that the Supreme Court wasnt always a friendly venue for the NRA and the gun-rights lobby. To the contrary, prior to the courts landmark 2008 ruling in District of Columbia v. Heller, the great weight of academic scholarship as well as the courts 1939 decision inUnited States v. Miller had construed the Second Amendment, in keeping with theactual debates of the Constitutional Convention, as protecting gun ownership only in connection with service in long-since antiquated state militias.

Heller stood the prior consensus on its head, courtesy of the controversial 5-4 majority opinion in the case authored by the conservative fanatic Antonin Scalia. Scalias perspective emerged victorious, but not without an intense struggle inside the court. As Justice John Paul Stevens, joined by three of his colleagues, wrote in dissent:

The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislatures authority to regulate private civilian uses of firearms.

In 2010, the court issued another 5-4 decision in McDonald v. Chicago, which extended Heller, holding that the individual right to bear arms is incorporated by the Fourteenth Amendments due process clause and is therefore applicable to the states and local governments. The Second Amendment, as interpreted by Scalia, thus became the law of the land. The amendment has since been elevated in rightwing circles to the status of holy writ.

Both Scalia and Stevens have since passed, but the clashing views they espoused on the Second Amendment have endured, even as the United States careens from one blood-stained catastrophe to the next, from the March 16 spa shootings in Atlanta, Georgia, which claimed eight lives; to the May 26 slayings in San Jose, California, in which ten people died; and the July 4 incident in Toledo, Ohio, in which one person was killed and eleven others were wounded.

Although Heller and McDonald were the products of extreme rightwing judicial activism, they were technically limited in scope, as they dealt with the right to keep guns in the home. Ever since those cases were decided, however, gun-rights groups have worked to bring a new test case to the Supreme Court to extend the right to bear arms beyond the home.They almost succeeded last year in another case from New York, but that appeal was ultimately dismissed.

Now, they have another vehicle in Corlett, which could well remove the last remaining judicial guardrails on the Second Amendment.

Woe to us all if that happens.

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Unequal Justice: Don't Count on the Supreme Court to Curb Gun Violence - Progressive.org

TUESDAY on "The Source" In her new book "The Second: Race and Guns in a Fatally Unequal America," award-winning author Carol Anderson asserts that the U.S. right to bear arms is engineered to negatively impact the citizenship rights and human rights of African Americans.

Are there hidden biases in the language and applicability of the Second Amendment?

When the amendment was first written, Black people were enslaved, denied the right to freedoms enjoyed by white Americans at that time, and not considered U.S. citizens, so who exactly was the "right to bear arms" designed for? Who is really protected by it?

July 6 marks the fifth anniversary of the death of Philando Castile, who was pulled over by police in Minnesota and asked for his identification. Despite following the National Rifle Association's guidelines to alert the officer that he had a licensed gun in the vehicle, Castile was shot to death when it was revealed.

There are several pro-gun groups formed by people of color and more Black Americans are buying guns amid a nationwide surge in firearm sales.

Why do they choose to carry guns, and do they feel safe doing so? Do Black gun owners agree with Anderson's premise about the Second Amendment's history and impact in Black communities?

Guests:

"The Source" is a live call-in program airing Mondays through Thursdays from 12-1 p.m. Leave a message before the program at (210) 615-8982. During the live show, call 833-877-8255, email thesource@tpr.org or tweet @TPRSource.

*This interview was recorded on Tuesday, July 6.

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Carol Anderson: The 2nd Amendment Is A Weapon To Keep Black Americans Powerless - Texas Public Radio

FRANKFORT, Ky. (KT) Kentucky would become a Second Amendment sanctuary state if legislation being proposed for the 2022 General Assembly is enacted.

The measure, which will be sponsored by Rep. Josh Bray, R-Mt. Vernon, would bar state and local law enforcement agencies from enforcing federal restrictions on the Second Amendments right to bear arms. It would also prohibit local governments and other public agencies from allocating public resources or money in the enforcement of federal firearm bans. It includes firearms themselves, ammunition and firearm accessories.

President Biden has declared gun control a priority for his administration, and we know that if he doesnt get what he wants from Congress, he will abuse his executive authority through rulemaking, said Bray, who represents all of Garrard and Rockcastle counties and a portion of Madison County. This sends a clear message that Kentucky is a Second Amendment sanctuary and that there is no question we will defend the Second Amendment against any attempt to infringe upon it.

Bray says his proposal would further strengthen a statewide movement, as fiscal courts in almost every Kentucky county have approved similar language, and cities across the state have declared themselves Second Amendment sanctuaries.

Firearms play an enormous role in our states history and our lifestyle today. Kentuckians want to enjoy the outdoors and pass along the tradition of hunting and sportsmanship. However, we also recognize that the Second Amendment was crafted to ensure we can protect not only country, but also ourselves, he noted.

The proposal comes in response to a plan revealed by the Biden administration last week, which they call a comprehensive strategy to combat gun violence and other violent crime.

According to the White House, it implements preventative measures that are proven to reduce violent crime and attacks the root causes, including the flow of firearms used to commit crimes.

It will use ARPA funds to help state and local governments put more police officers on the beat, with resources, training and accountability needed to engage in effective community policing; plus supporting proven community violence intervention programs, summer employment opportunities and other investments to reduce crime and make neighborhoods safer.

The White House says it will also address the direct link between gun violence and the rise in violent crime by taking immediate steps to keep guns out of the wrong hands by strengthening ATFs efforts to stem the flow of firearms used in crimes and by launching multijurisdictional firearms trafficking strike forces to stop illegal gun trafficking across state lines.

Brays measure, which is currently designated Bill Request 171, would be retroactive to January 1, 2021, if enacted into law.

The full text of BR 171 can be foundhere, or by visiting the Legislative Research Commissions website atwww.legislature.ky.gov, which is where you can also see all legislation that is being proposed for the upcoming session.

Lawmakers will convene on Jan. 4.

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Legislation proposed to make Ky. Second Amendment sanctuary state - Times Tribune of Corbin

Anchorage Mayor Dave Bronson today said he will ask the Anchorage Assembly for $15 million to pay for a transition center, where homeless people will be given shelter and customized assistance to establishing permanent stable lives, homes, and a path forward in their lives. The location where he wants to put the temporary tensioned fabric structure is on Tudor Road near the Alaska Native Medical Center, a plan he has been discussing with members of the Assembly in recent weeks.

The mayor also said he would also sign an executive mayoral order making Anchorage a Second Amendment sanctuary city, and said that any federal laws that would require law enforcement officers to go door-to-door to register guns, tax guns, or confiscate guns is the kind of thing that would put officers lives in danger, and this concerns law enforcement professionals.

Second Amendment sanctuary cities are places where unconstitutional gun laws are not enforced. The definition of sanctuary cities (or counties) is not fixed. But President Joe Biden has made gun control one of his priorities, so this executive order is to get ahead of the president.

Alaska is considered a Second Amendment sanctuary state. In 2010, GovernorSean Parnellsigned the Alaska Firearms Freedom Act, which said certain firearms and accessories are exempt from federal regulation. In 2013, Parnell signed HB 69, which expanded the Firearms Freedom Act.

The Kenai Borough is a Second Amendment sanctuary after the Borough Assembly passed an ordinance last July reaffirming its support for Americans right to bear arms.

Bronson will also sign an executive order on Thursday pertaining to mandatory face masks, vaccines, and the opening of municipal offices to the public. Two other orders have to do with creating a task force on efficiencies and regulatory reform, and economy and diversification.

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Mayor Bronson declares Anchorage a Second Amendment sanctuary city - Must Read Alaska

Many on the radical Left, who have a dream spokesperson in President Biden, are pulling out a familiar playbook regarding gun control. The ongoing surge in crime, especially violent crime, is being used by the current Administration as an excuse to crack down on gun ownership, rather than as a clear reason to empower our police departments and assert the rule of law.

In times such as these, we should recognize what our Founders knew when they wrote the Constitution: that liberty necessarily depends on self-defense. That is as true today as it was then, and it applies both on a national level and an individual level. Just as America cannot be a free nation without the ability to competently defend itself against its enemies, so too its people cannot be free if they have no rights enabling their own self-defense. That is why such a freedom was placed squarely in our Bill of Rights second only to the freedoms of speech, religion, press, and assembly thereby protecting it from government infringement because the right to bear arms is essential to preserving our freedom as individuals.

Alexander Hamilton stated in Federalist No. 28 that our Founders also saw the right to bear arms as that original right of self-defense which is paramount to all positive forms of government and essential to the preservation of the freedom of the American people against the risk of an overbearing, or even tyrannical, government at home.

As a young officer in the U.S. Army, I was stationed in then-West Germany prior to the fall of the Berlin Wall. You can bet that nowhere on the other side of that wall and beyond, in the Soviet Unions evil empire, were the people permitted to own firearms.

This remains true today of repressive regimes worldwide. As Secretary of State, I led Americas diplomats in our dealings with our most powerful adversaries authoritarian states such as China, Iran, North Korea, and others. It should come as no surprise, and serve as a powerful reminder of the necessity of our Second Amendment, that in those nations controlled by authoritarian regimes, people are denied the right to bear arms. This is because the right to bear arms empowers a people and is the last safeguard of their liberties the necessary freedom allowing for self-defense and the ultimate check on authoritarianism. That is why I have been a proud member of the NRA for many years, and why I am committed to working with the ACLJ on this important issue.

When terrible instances of gun violence are committed, we hear a common refrain from the far Left. They claim such tragedies prove that guns cannot be trusted in the hands of the American people, and that if guns were made illegal either totally or de facto through ever-stricter reforms under the guise of gun control such violence would cease to occur. But this is plainly wrong-headed. You cannot legislate away the darker sides of human nature. All this legislation would ever accomplish is taking a vital means of self-defense out of the hands of legal gun owners committed to owning them safely and responsibly, while those who wish to obtain guns by illegal means would continue to do so, inflicting their malevolence on a now weaker populace.

To curb gun violence, we need to empower law enforcement and the American people, not defund the police and take away the ability of the American people to defend themselves and their families against violent criminals. Yet, sadly, this misguided logic is a hallmark of the radical Left today.

The current surge in violent crime was created by the far Lefts insistence on delegitimizing our police and turning a blind eye to looting and rioting for an entire year in an effort to score political points with their base, who by and large do not suffer the consequences of these broken policies.

Now, in response to the crisis they created, they want to take even further steps to infringe on the rights of responsible, law-abiding Americans. We cannot let this happen. Our Founders considered the right to bear arms a personal and fundamental right. The threats this freedom now faces cannot be overstated. We should heed the wisdom of our Founders by electing officials at the federal, state, and local level who are committed to defending the Second Amendment, and by supporting those civil organizations and institutions dedicated to keeping this crucial liberty uninfringed.

Mike Pompeo is the former Secretary of State and former Director of the Central Intelligence Agency (CIA).

Support the work of the ACLJ, as we continue to bring you expert analysis on the issues that matter most.

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Protecting Our Second Amendment Is Essential to Liberty - American Center for Law and Justice

FRANKFORT, Ky. (WTVQ) Although experts say the measures are mostly symbolic and have questionable legal standing, Kentucky could become the latest so-called Second Amendment Sanctuary state if legislation pre-filed by Rep. Josh Bray is approved during the 2022 Regular Session.

The measure, BR 171, bars state and local law enforcement from enforcing federal restrictions on the constitutional right to bear arms.

President Biden has declared gun control a priority for his administration and we know that if he doesnt get what he wants from Congress, he will abuse his executive authority through rulemaking, said Bray, who represents all of Garrard and Rockcastle counties and a portion of Madison County. BR 171 sends a clear message that Kentucky is a Second Amendment Sanctuary, and that there is no question we will defend the Second Amendment against any attempt to infringe upon it.

Brays proposal would further strengthen the statewide movement. The fiscal courts in 113 of 120 counties and six cities have approved similar language.

Firearms play an enormous role in our states history and our lifestyle. Kentuckians want to enjoy the outdoors and pass along the tradition of hunting and sportsmanship. However, we also recognize that the Second Amendment was crafted to ensure we can protect not only country, but also ourselves, Bray added.

The full text of BR 171 can be foundhere, or by visiting the Legislative Research Commissions website atwww.legislature.ky.gov.

The Kentucky General Assembly will convene for the 2022 Regular Session on January 4, 2022.

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Lawmaker wants state to be 'Second Amendment Sanctuary' - ABC 36 News - WTVQ

I am writing in response to the letter from Lee Santa. The Second Amendment to the Constitution was ratified on Dec. 15, 1791. It was written as a constitutional check on congressional power. Our forefathers didn't want a repeat of the totalitarian monarchy which ruled them before independence from Britain. They learned from an armed government, and didn't want citizens without a means of defense against that government, and tyrannical rule.

At that time there almost 700,000 slaves in the United States, and the population, according to the 1790 census, was 3,292,214. So it seems a little unlikely that the Second Amendment was written to suppress slave uprisings, which had not yet occurred.

But when have race baiters ever had a problem lying about the facts. Carol Anderson has a book to sell and facts are so inconvenient. In fact, over 300,000 white slaves were shipped from Britain to the Colonies, and in 1830 there were 3,775 free black people who owned 12,740 black slaves. Yes, those pesky facts again.

How dare you characterize citizens who uphold the Constitution and the Bill of Rights as, how did you put it, oh yes, "those, (with their Tarzan yells) who beat their chests, most likely alt-right/white supremacist scaredy-cats who are terrified of people of color, esp. blacks."

You are the racist here, you hate and seem terrified of white people. You are Carol Anderson's water carrier. I am embarrassed for you, you are the racist you purport to hate. And yes, Lee Santa, ignorance is a choice.

CATHERINE FAHRIG

Sandpoint

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The real facts about the Second Amendment - Bonner County Daily Bee