Gun Control:  Legitimate concerns
about Second Amendment issues

Justice Stevens: The five extra words that can fix the Second Amendment.  [Scroll down quickly past 18 paragraphs of left-wing claptrap to get to the proposal:]  As so amended, it would read:  "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed."

The Editor says...
The Second Amendment does not need fixing, but if it is to be revised, it should be made less ambiguous by removing any mention of the militia; thus; The right of the people to keep and bear Arms shall not be infringed."

Justice Stevens thinks he knows how to 'fix' the Second Amendment.  [Clayton] Cramer destroys Stevens' arguments by citing several cases where the courts either explicitly or implicitly recognized that the Second Amendment dealt with an individual's right to bear arms.  I'm actually surprised that Stevens raised this old canard about the Second Amendment referring only to a "well regulated militia."  Besides, given his and most other justices belief in the flexibility of the Constitution, it would seem a strange time for Stevens to get religion and become a strict constructionist.

Justice Stevens and Flexible History.  Retired U.S. Supreme Court Justice John Paul Stevens had an op-ed piece in the Washington Post a couple of days ago that still has my brain doing backflips.  He claims that, "Legislatures are in a far better position than judges to assess the wisdom of such rules and to evaluate the costs and benefits that rule changes can be expected to produce."  Stevens certainly did not believe this when he signed onto decisions overturning Texas's sodomy law, or when arguing that state laws limiting abortion were unconstitutional, or when striking down Louisiana's death penalty for raping a child.  So why is Justice Stevens suddenly so supportive of the wisdom of legislatures compared to judges?  That's for a simple reason:  it's about the Second Amendment.

Shock verdict — Mark Witaschek guilty of possessing muzzleloader bullets in D.C.  In a surprising twist at the end of a long trial, a District of Columbia judge found Mark Witaschek guilty of "attempted possession of unlawful ammunition" for antique replica muzzleloader bullets.  Judge Robert Morin sentenced Mr. Witaschek to time served, a $50 fine and required him to enroll with the Metropolitan Police Department's firearm offenders' registry within 48 hours.

Witaschek surrenders to D.C. police 'Gun Offenders Registry'.  Mark Witaschek never had a firearm in the District of Columbia, but he is now on the city's Gun Offenders Registry.  This bizarre case has drawn national attention because an upstanding citizen was tried and convicted of possessing unregistered ammunition for muzzleloader bullets, which are simply pieces of lead and copper.

Democrat Wants His Party to Officially Come Out Against the Second Amendment.  The Daily Surge has a clip of Rep. Keith Ellison (D-MN) on Bill Maher's HBO show.  Ellison says the Democratic Party should just be honest about its stance on guns. [...] For some reason, Americans murdered by drug cartel members along the border never came up.  Neither did the victims of Chicago's gang violence.

Surge in concealed weapon permits follows California court Second Amendment decision.  Orange and Ventura counties have dropped the "good cause" standard for issuing conceal carry permits after the requirement was struck down Feb. 13 by the U.S. 9th Circuit Court of Appeal.  A three-judge panel of the court ruled 2 to 1 that the Second Amendment bars California counties from requiring law-abiding gun owners who want to carry concealed firearms to demonstrate special, individualized needs for protection.

Justice Stevens: Let's Amend the Second Amendment!  Retired Justice John Paul Stevens was one of the great mischief-makers in the history of the U.S. Supreme Court.  At age 93, he has now written a book in which he recommends six amendments to the Constitution.  Presumably these are the changes he wasn't able to implement the easy way, via a 5-4 vote on the court.  One of Stevens' proposed changes relates to the Second Amendment, and is intended to reverse Stevens' loss in the Heller and McDonald cases.

Connecticut Gun Owners Deliver a Message — 'No we won't'.  Did you know that citizens of one state engaged in a mass act of civil disobedience that has left statist officials from both parties scratching their heads as an entire regulatory scheme collapsed?  Last week, Connecticut politicians were shocked to find out that only a fraction of Connecticut gun owners obeyed a state directive to come forward, declare their weapons, and register them with the government. [...] Would you register with the government before speaking?  Before attending worship services?  Government that goes too far loses its legitimacy, and in their peaceful act of civil disobedience, Connecticut citizens have rendered an unjust law utterly irrelevant.

Ninth Circuit Recognizes Right to Bear Arms Outside the Home.  The Ninth U.S. Circuit Court of Appeals ruled Thursday [2/13/2014] that the Second Amendment endows the right to carry a gun outside the home.  The opinion comes days before the Supreme Court is expected to decide whether to review two other cases that ask the question of whether the right to "bear arms" extends beyond the home.

Court Tosses California's Concealed Weapons Rules.  A divided federal appeals court on Thursday struck down California concealed-weapons rules, saying they violate the Second Amendment right to bear arms.

Connecticut Criminalizes the Second Amendment.  In a massive display of civil disobedience, tens of thousands of state residents have refused to register what the left calls assault weapons, instantly making them criminals guilty of a felony.

Supreme Court Asked to Clarify What it Means to 'Bear' Arms.  You might think the question would be settled by now, but the U.S. Supreme Court has yet to opine on whether the Second Amendment right to "bear" arms for self-defense extends outside the home.  We may soon get an answer.

The American Right to Revolt Against Tyranny: Part C — Founders & John Locke.  The Founding Fathers were in favor of the right to revolt against tyranny.  This is obvious despite widespread current attempts by progressives to suggest armed revolt and the 2nd Amendment would be opposed by the Founders today.  But how logical would be the notion that Americans could own guns, but not use them to defend themselves?  Or that Americans could arm to defend their lives and liberties, but only against invaders — not against tyrants?  Of course, such a position is transparent nonsense.

Dem Sen: Second Amendment Not Meant For Citizens To Take Up Arms Against Government.  Sen. Chris Murphy (D-CT) on states nullifying federal gun laws: [...] ["]The Second Amendment is not an absolute right, not a God given right, always had conditions upon it like the First Amendment has.  The idea that the Second Amendment was put in there in order to allow citizens to fight their government is insane.["]

Glenn Beck: If Police Get Drones, 'The 2nd Amendment Is Absolutely Dead'.  Senator Rand Paul's media tour following his "misunderestimated" statements on drones brought him to Glenn Beck's radio show Friday, where the two men discussed the prospects of a terrifying future where police cars have "robotic firing arms" that take down criminals with the push of a button.  If that ever happens, Beck told Paul, "the Second Amendment is absolutely dead."

Mark Levin: 'An up-or-down vote on the 2nd Amendment is unconstitutional'.  On his Tuesday [4/9/2013] radio show, conservative talker Mark Levin defended the GOP senators who are threatening to filibuster new gun control laws and argued that any attempt to threaten gun ownership would be unconstitutional.

Biden Mocks the Basis of Second Amendment.  This guy is the vice president, the former chairman of the Judiciary Committee, and supposedly a leading Democratic expert on gun issues.  And yet, he doesn't understand the Second Amendment.

Second Amendment crumbling as gun-control victories spread.  The Second Amendment got attacked this week from three sides, leaving gun owners scrambling to find safe ground.  While President Obama has lost momentum for federal gun-control laws, he has picked up victories with his allies in blue states and at the United Nations.

The War Against the Second Amendment Has Only Just Begun.  In an interview with Jason Mattera which was conducted last month but is just now hitting the news, Democratic Congresswoman Jan Schakowsky admitted that the Democrats' effort to ban "assault weapons" is "just the beginning."  In addition, Schakowsky says that she wants to ban all handguns, and thinks this can constitutionally be done, despite the Second Amendment.  I think it is obvious that Schakowsky was only saying what a great many Democrats believe.

Is Oregon writing the worst gun law ever?  If HB 3200 gets passed into law, you may as well pack up and leave the state if you have any interest in Second Amendment rights.

Federal Court Refuses State AG: Concealed Carry Stands in Illinois.  The 7th Circuit Court of Appeals has rejected Illinois Attorney General Lisa Madigan's request "to reconsider a ruling that found the state's concealed carry weapons ban unconstitutional [in Dec. 2012]."  Madigan has argued that the December ruling overturning the ban was in conflict with other appeals court rulings and that it went beyond what the Supreme Court required.

Democide.  In Turkey, "reasonable" gun control laws enacted in 1911 permitted the democide of two million Turkish Christians a few years later.  In Germany, the "commonsense" 1928 gun control laws of the Weimar Republic preceded Hitler's Holocaust by a decade.  The Weimar politicians did not intend for their gun control laws to lead to the slaughter of millions of people, but it is an historical fact that those gun control laws permitted the Nazis to carry out their Holocaust.  How?  By making it economically and militarily feasible to round up and mass murder entire towns without any significant resistance.  In fact, the Nazis quickly learned that they needed only a hundred ordinary military policemen to exterminate towns of a thousand Polish Jews in a single day.

WA Dems Sponsor Bill Allowing Police to Search Gun owners' Homes.  In a mistake that probably wasn't a mistake, a Washington state bill sponsored by liberal Democrats contained a little-noticed provision that would have called for the police to have the right to search private citizens' home once per year if they own certain types of guns.

Why Americans Need Assault Rifles.  Reams of paper have been produced supporting or disparaging this or that about the 2nd Amendment, and brighter men than me have argued both for and against it, but my view is that the Founders of the Republic had a nation like Switzerland in mind.  While gun control advocates are keen on comparing the US to the UK, Canada and Australia, nations that ban guns in most cases, they tend to ignore Switzerland.  Switzerland does not have a professional army and instead relies upon civilians to participate and train in a militia.  The Swiss are issued an assault rifle, currently the SIG SG 550, a fully automatic weapons that even US gun nuts can't easily get their hands on.  The Swiss also have a very weak central government, something I believe the Founders preferred but became an idea that got lost after the North won the Civil War.

The Second Amendment is Not about Hunting.  Our Founding Fathers' perspectives are just as important and relevant today as they were more than 200 years ago because the nature of man hasn't changed over time.  The world is still full of people who would enslave us and compel us to do their bidding if they could.  Our nation's capital is still loaded with elected officials who believe they know what's best for the rest of us, and they are willing to use whatever force is necessary to subjugate us and make us fall into line behind their way of thinking even if it violates our constitutional rights. [...] As unappealing as this possibility is, the day may come when we will need our weapons to fend off an overreaching and tyrannical government, as our Founding Fathers knew could happen.

Rahm Emanuel Goes After 1st And 2nd Amendments.  A 15-year-old girl who performed at the president's inauguration is gunned down by gangs less than a mile from Barack Obama's home.  What does Chicago's mayor do?  He blames banks who lend gun makers money.

The Purpose of the Second Amendment.  In all the talk that has happened and will happen, the press and the general public seem willing to ignore the actual purpose of the second amendment.  The amendment is not about sports.  It is not about recreation.  It is not about hunting.  It is only partly about defending yourself from a criminal.  The second amendment is about ensuring a "free state."

February 23 Will Be A Day of Resistance.  While Barack Obama is calling for Americans to give up their freedom, their rights, and their guns, we're calling for Americans to resist.  We're calling on Tea Partiers, moderate Republicans, Libertarians and even moderate Democrats to stand up one month from today, on the 23rd of February and say, "No more!" [...] It'll be a Day of Resistance where gun owners and patriots can peacefully gather and show Barack Obama, the media, and the knockkneed Republicans in Congress that we may have lost a battle last November, but we haven't lost the war.  Don't meekly give up your 2nd Amendment rights when you can stand with us and RESIST!

The 2nd Amendment Is What Makes The Other Nine Possible.  As debates over firearms simmer and President Obama mulls sweeping firearm restrictions via executive orders, media personalities like Piers Morgan dismiss guests defending gun rights with contempt.  You'd think resistance to disarmament amounts to culpability for the Sandy Hook slaughter.

New York Declares War on the Second Amendment.  The Ruger, Walther P22, and Smith & Wesson target pistols all use magazines with capacities of 10 or more, and their principal purpose is to make holes in pieces of paper at up to 50 yards.  New York has therefore just made it eminently clear that the Constitution does not even protect sporting uses of firearms, let alone the Second Amendment's primary intention of individual, collective, and national self-defense.  This should mobilize all supporters of the Bill of Rights to deploy all necessary legal, nonviolent, and socially acceptable methods to take these enemies down decisively and permanently.

Advice on the Second Amendment.  The trigger for the American colonists' revolt at Lexington and Concord in 1775 was their belief that the British intended to seize their gunpowder, which would then enable the military to repress the populace at leisure.  Stephen P. Halbrook's The Founders' Second Amendment: Origins of the Right to Bear Arms (2008) documents the thinking at the time of the American Founding, and it wasn't focused on the right to shoot ducks.

Preserving the Second Amendment.  [Scroll down]  Those words, "executive orders, executive action," used in conjunction with constitutionally protected rights and liberties, ought to alarm us all.  They used to frighten Barack Obama.  On Oct. 2, 2007, then-Sen. Obama railed against what he called the abuse of executive powers purportedly perpetrated by President George W. Bush in his administration's efforts to protect the American people from acts of terror by radical Islamists.  Apparently, the current occupant of the Oval Office has overcome his early concerns about chief executives exceeding their authority.

Americans, never give up your guns.  These days, there are few things to admire about the socialist, bankrupt and culturally degenerating USA, but at least so far, one thing remains:  the right to bear arms and use deadly force to defend one's self and possessions. [...] For those of us fighting for our traditional rights, the US 2nd Amendment is a rare light in an ever darkening room.  Governments will use the excuse of trying to protect the people from maniacs and crime, but are in reality, it is the bureaucrats protecting their power and position.

Self Governance is Under Attack, not just the Second Amendment.  On Wednesday [1/9/2013], Rasmussen Reports released the results of a poll revealing that only "74% of American Adults continue to believe the U.S. Constitution guarantees the right of an average citizen to own a gun."  This finding is perplexing because the Constitution hasn't changed.

More states look for ways to control gun laws.  A growing number of states are aiming to keep Uncle Sam's hands off their weapons if Congress decides to stiffen gun-control laws in response to last month's deadly shooting at Sandy Hook Elementary School in Newtown, Conn.  Eight states — Alaska, Arizona, Idaho, Montana, South Dakota, Tennessee, Utah and Wyoming — have adopted laws in recent years that would exempt guns made in the state from federal regulation as long as they remain in the state, according to Jon Griffin of the National Conference of State Legislatures.

Three completely unrelated news stories that vintage media somehow forgot to report.  [#2]  Dianne Feinstein's true stated goal is the unconstitutional confiscation of all firearms from civilians: [...] "If I could have gotten 51 votes in the Senate of the United States, for an outright ban, picking up [every gun]... Mr. and Mrs. America, turn 'em all in."  Note she doesn't mention the Constitution as an obstacle; only the vote tally.  As Obama's economic policies make ever more Americans dependent on government largesse, vote tallies will soon cease to be a problem for authoritarian statists like Feinstein.

Wyoming Lawmakers Propose 'Gun Protection' Legislation.  Several Wyoming lawmakers are proposing legislation designed to protect gun-owners from any potential federal firearm ban.  The "Firearms Protection Act" bill, introduced this week, would make any federal law banning semi-automatic firearms or limiting the size of gun magazines unenforceable within the state's boundaries.

The great guns debate: Grabbers rise anew.  Post-Sandy Hook, the great debate over guns has sunken to new levels of deceit and misrepresentation, all in the name of unconstitutional gun-grabbing.  Consider legislation being proposed by Sen. Dianne Feinstein.  The California Democrat seeks to dishonestly redefine "assault weapons" — heretofore machine-gun-type weaponry banned nearly 30 years ago — to be just about any weapon that liberals think looks especially menacing or they simply don't like.  She proposes measures clearly in violation of the Second Amendment.

We Must Control the Second Amendment Conflict.  The side that controls the language of an argument controls the argument, and the side that takes and maintains the offensive controls the entire conflict.  The enemy must then react to our actions instead of making us react to his, and continue to react until he is no longer capable of fighting.  We are indeed at war with an adversary with whom good faith and win-win negotiation are not possible.

Vanity Fair: Second Amendment 'Must Be Removed from the Constitution'.  On January 2, Vanity Fair ran an all-out attack on the constitution, the 2nd Amendment, and common sense in a column by Kurt Eichenwald titled, "Let's Repeal the Second Amendment."  Eichenwald's approach consists of attacking the NRA, arguing that gun owners avoid discussing more gun control by saying they don't want to "politicize" shootings, and taking the standard progressive position that there wasn't really a right to keep and bear arms until Justice Antonin Scalia created one in recent Supreme Court decisions.

Why the 2nd Amendment.  Today's Americans are vastly better-armed than our founders, Warsaw Ghetto Jews and Syrian rebels.  There are about 300 million privately held firearms owned by Americans.  That's nothing to sneeze at.  And notice that the people who support gun control are the very people who want to control and dictate our lives.

could any of these slaughters have happened against an armed populace?  let's keep the discussion simple, so that even a simpleton can comprehend it.  the 2nd amendment to the constitution of the united states is not about protecting "hunting rifles."  it is about resisting tyranny, and the oppression, violence and carnage wreaked upon a people by their government.  it was the framers intent that an armed people could resist such oppression, could fight against governmental murder.  think for just a moment, if you are capable.
No capitalization in original.

The Root of Mass Shootings: Mental Illness.  Our government leaders, any many others, would have us believe that putting the kibosh to the 2nd Amendment is the answer to rampant violence in the United States, particularly in the wake of recent shootings where innocent children and adult citizens have been killed.  It would seem that way.  But it's really not the answer.

The N.R.A. Is Still Vital, Because the 2nd Amendment Is.  Today, with 4 million members, the N.R.A. is one of the largest civic organizations in the U.S., and by far the largest civil liberties organization on the planet.  On top of that, polls indicate that as many as 17 million more Americans consider themselves N.R.A. members even if they haven't paid dues.  (Perhaps, for example, because they took an N.R.A. gun safety class.)

The Real Second Amendment.  [Scroll down]  The 2nd Amendment to the U.S. Constitution was derived from our understanding of the British experience that militias were necessary to curb the tyrannical powers of the king.  In our case, 'well regulated militias' were necessary as a condition of the colonies to agree to subordinate their sovereignty to a federal government.  They wanted a guarantee of power to insure that some future federal government could not egregiously exceed its powers prescribed in the body of the constitution they agreed to.  Furthermore, like the militias of the English barons, these state militias were formed ad hoc from the populace as needed on short notice and therefore depended on the populace being already proficient in the art of arms.

Second Amendment at risk in second term.  Democrats just couldn't hold it together.  With less than 100 days to go before the election, the left let slip its vision of a second term for President Obama that will be the end for the Second Amendment.

The 2nd Amendment Transcends the U.N. Arms Trade Treaty.  It's widely known that the U.N. Arms Trade Treaty, being negotiated as I type, is simply gun control by another name.  Although it is being sold as a treaty to lessen the number of guns moving across borders illegally, it will ultimately require a national gun registry to be enforceable:  perhaps even an international gun registry.  And while all of us should be contacting our Senators to demand they refuse to ratify this ridiculous treaty when it comes before them, it behooves us also to remind them (and ourselves) that the 2nd Amendment transcends any U.N. treaty at any time and any place in this country.

Another victory for the Second Amendment.  U.S. District Judge Benson Everett Legg's groundbreaking March 5 ruling that Maryland cannot refuse to issue a handgun permit to an otherwise qualified individual unless that person has an acceptable reason for wanting one is a jurisprudential gem that correctly shifts the burden of proof from the citizen to the government.  His elegant reiteration of basic Second Amendment rights in Woollard v. Sheridan will be quoted for generations:  "A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights.  The right's existence is all the reason he needs."

Since I don't need a good reason to own a gun, I'm going to mention this to Santa Claus:
New Israeli Machine Gun — The NG7.  Israel Weapon Industries recently unveiled its new NG7, a 7.62mm version of the venerable Negev 5.56mm light machine gun. ... The NG7 fires 850-1,050 rounds per minute on gas regulator position one and 950-1150 rpm on position two.

Federal judge says gun owners need not provide 'good reason,' rules Maryland law unconstitutional.  Maryland residents do not have to provide a "good and substantial reason" to legally own a handgun, a federal judge ruled Monday [3/5/2012], striking down as unconstitutional the state's requirements for getting a permit.  U.S. District Judge Benson Everett Legg wrote that states are allowed some leeway in deciding the way residents exercise their Second Amendment right to bear arms, but Maryland's objective was to limit the number of firearms that individuals could carry, effectively creating a rationing system that rewarded those who provided the right answer for wanting to own a gun.

Federal judge severely limits Second Amendment rights.  Over the last few years, the Second Amendment has experienced somewhat of a rebirth, thanks largely to a pair of Supreme Court decisions: District of Columbia v. Heller and McDonald v. Chicago.  In these seminal decisions, the Supreme Court affirmed the understanding of the Founding Fathers that there is indeed an individual right to keep and bear arms, a God-given right to protect oneself that is guaranteed to us in the Second Amendment to our Constitution.

Illegal immigrants have no right to arms - court.  Illegal immigrants do not have a right to bear arms under the U.S. Constitution, a federal appeals court ruled on Friday [12/16/2011].  The U.S. Court of Appeals for the 8th Circuit, based in Missouri, rejected an appeal brought by Joaquin Bravo Flores, who was charged with possessing a firearm.  Agreeing with the 5th Circuit, the court concluded that the protections of the Second Amendment do not extend to undocumented immigrants.

Court slaps Chicago's gun grabbers.  The federal judiciary is slowly coming to the realization that the Second Amendment actually means the public can have guns.  That's not sitting well with local politicians in Chicago and Washington who are determined to keep the public disarmed.

Second Amendment Rights not Assured Despite Court Victories.  The Heller and McDonald cases may have established an individual right to bear arms but that doesn't mean there won't be efforts to subvert that right by gun control advocates.

Second Amendment Takes Double Shot in California.  A double-whammy came down today against gun rights advocates in California.  First, the California Assembly voted to prohibit the open carry of unloaded handguns.  Current law had allowed unloaded weapons to be carried openly in public.  "You are disarming our citizens" while doing little to disarm criminals, said Assemblyman Jim Nielsen, R-Gerber.  "It is not just the right to keep, it is the right to bear arms," said Assemblyman Tim Donnelly, R-Twin Peaks.

Breyer Suggests Second Amendment Out of Date.  Supreme Court Justice Stephen Breyer, speaking this past weekend on Fox News Sunday, declared that the Founding Fathers did not intend firearms to go unregulated.  Breyer was one of four dissenting justices in the 2008 District of Columbia v. Heller case, which overturned a firearms ban in the District of Columbia.  The decision in Heller was significant for many reasons, primarily for holding that the Second Amendment was connected with not only the right of individuals to bear arms, but also the power of state governments to maintain militia capable of resisting an oppressive federal government.

Did Justice Breyer Invent History to Justify His Personal Agenda?  An oft-quoted maxim attributed (dubiously) to Mark Twain instructs writers:  "Never let the truth get in the way of a good story."  Perhaps Supreme Court Justice Stephen Breyer has been reading the recently published diaries of Twain and has been inspired to weave a little yarn of his own — a story strong on emotion but woefully light on facts.

UN Determined to Destroy America's Second Amendment.  The United Nations wants to control small arms in order to promote peace and security, but their own research contradicts this rhetoric.

Shooting Down the Constitution.  Even a simple guy like me can figure out these words from the U.S. Constitution:  "The right of the people to keep and bear arms, shall not be infringed."  That's contained in the Second Amendment.  So why did four Supreme Court justices this week vote to infringe on the right to bear arms?  The court ruled 5 to 4 that 76-year-old Otis McDonald, an African-American Democrat who lives in Chicago, can own a handgun.

Supreme Court Leans Toward Incorporation of Second Amendment.  The Supreme Court heard oral arguments yesterday [3/2/2010] in McDonald v. Chicago — the case challenging Chicago's handgun ban.  Judging from the transcripts, it looks like a majority of justices favor applying the Second Amendment to the states.

'Right To Bear Arms' Means Just That.  Otis McDonald, 76, an Army vet who lives in a high-crime area of Chicago, thinks the Constitution gives him the right to bear arms to protect himself and his wife as he protected his country.  We think so too.

Which political party wants to take away your right to own a gun?
Ohio Democratic Party unsuccessfully tries to get gun records.  The Ohio Democratic Party tried unsuccessfully this week to get information on all people licensed to carry concealed weapons in the Buckeye State.  The state party sent letters to Ohio's 88 sheriffs requesting the names and addresses of permit holders and the dates the licenses were issued.  Ohio has about 211,000 permit holders.

NJ Court Rules 2nd Amendment Does Not Apply in State.  New Jersey ratified the United States Constitution on December 18, 1787 — in fact, it was the third state to do so — but an appeals court has determined that that does not necessarily mean that the state must uphold the rights guaranteed by that Constitution. ... A New Jersey appeals court has concluded that Americans have no Second Amendment right to buy a handgun.  In a case decided last week, the superior court upheld a state law saying that nobody may possess "any handgun" without obtaining law enforcement approval and permission in advance.

From Guns to Butter.  Last week, the [Supreme] Court agreed to hear a Second Amendment challenge to Chicago's handgun ban.  Since that law is very similar to the Washington, D.C., ordinance that the Court declared unconstitutional last year, it is bound to be overturned, assuming the Court concludes that the Second Amendment applies not just to the federal government (which oversees the District of Columbia) but also to states and their subsidiaries.  That seems like a pretty safe assumption, since over the years the Court has said the 14th Amendment "incorporates" nearly all of the guarantees in the Bill of Rights.

Guns and the Constitution:  The phrase "the right of the people" or some variation of it appears repeatedly in the Bill of Rights, and nowhere does it actually mean "the right of the government."  When the Bill of Rights was written and adopted, the rights that mattered politically were of one sort — an individual's, or a minority's, right to be free from interference from the state.  Today, rights are most often thought of as an entitlement to receive something from the state, as opposed to a freedom from interference by the state.  The Second Amendment is, in our view, clearly a right of the latter sort.

Why the Right to Keep and Bear Arms is Important to You:  Across our nation a debate rages about "gun control".  This euphemism glosses over the fact that what is being debated is one of the most precious guarantors of liberty, the right to keep and bear arms.  At the heart of this debate is not whether the right to keep and bears arms is an individual right or not, but at its core the debate is over the primacy of the individual over the primacy of the government.  This debate rages because many, too many, in this country have forgotten, or, worse, have never been educated in, the nature of our rights.

Why Do We 'Keep and Bear Arms'?  The Founding Fathers assumed that any government, including the one they established, could grow into a monster.  They argued that only "the people" with a right "to keep and bear arms" could prevent such a tyranny.  James Madison, the "father of the Constitution," stated that tyrants were "afraid to trust the people with arms," and lauded "the advantage of being armed, which Americans possess over the people of almost every other nation."

High-Profile Gun Rights Case Inches Toward Supreme Court.  The U.S. Ninth Circuit Court of Appeals is likely to decide whether the Second Amendment's guarantee of a right to "keep and bear arms" restricts only the federal government — the current state of affairs — or whether it can be used to strike down intrusive state and local laws too.

Sotomayor's 'Fundamental' Flaws.  Supporters of Supreme Court nominee Sonia Sotomayor claim that her Second Amendment rulings are examples of "judicial restraint."  The problem is that she's restraining the Second Amendment.  Judge Sotomayor has ruled twice that the right to keep and bear arms is not a "fundamental right."  The second time was after the U.S. Supreme Court said that it is.

Sotomayor Ruled That States Do Not Have to Obey the Second Amendment.  Supreme Court nominee Sonia Sotomayor ruled in January 2009 that states do not have to obey the Second Amendment's commandment that the right to keep and bear arms shall not be infringed.

Chicago Law Banning Handguns in City Upheld by Court.  A Chicago ordinance banning handguns and automatic weapons within city limits was upheld by a U.S. Court of Appeals panel, which rejected a challenge by the National Rifle Association.  The unanimous three-judge panel ruled today that a U.S. Supreme Court decision last year, which recognized an individual right to bear arms under the U.S. Constitution's Second Amendment, didn't apply to states and municipalities.

Ninth Circuit Court Extends Second Amendment Rights.  Believe it or not, the Ninth Circuit Court ruled today that the second amendment restricts the powers of state and local governments to interfere with the individual right to gun ownership.  The decison even observes that the right to bear arms is "deeply rooted in this Nation's history and tradition."  Notes Cato Institute's Ilya Shapiro, "I rarely get a chance to say this, but the Ninth Circuit gets it exactly right."

Yes, California, There Is an Individual Right to Keep and Bear Arms.  Today [4/20/2009] the Ninth Circuit (the federal appellate court covering most Western states) ruled that the Second Amendment restricts the power of state and local governments to interfere with individual right to have guns for personal use.  That is, the Fourteenth Amendment "incorporates" the Second Amendment against the states, as the Supreme Court has found it to do for most of the Bill of Rights.

Citizens can challenge state, local gun laws.  A federal appeals court ruled Monday that private citizens can challenge state and local gun laws by invoking the constitutional right to bear arms — the first such ruling in the nation — but upheld a ban on firearms at gun shows at the Alameda County Fairgrounds in Pleasanton.

Chicago Defies the Second Amendment.  Since the Supreme Court upheld the individual right to own guns last summer, one municipality after another with handgun bans has faced reality. Washington, D.C., which lost the case, changed its law.  Morton Grove, Ill., repealed its ban.  So did neighboring Wilmette.  Likewise for Evanston.  Last week, Winnetka followed suit.  Then there is Chicago ...

Right to Bear Arms:  Washington, D.C., will become a safer place to live and work thanks to the U.S. Supreme Court ruling Thursday [6/26/2008] against the city's absolute ban on handguns.  The Court ruled that the Second Amendment's guarantee of the right to bear arms is an individual right, not just one that permits states to maintain militias, striking down one of the nation's toughest anti-gun laws.  As someone who lived in the District at the time the city imposed its ban 32 years ago, I say it's about time.

The Court defers to plain language.  No sulking conservative can imagine the Second Amendment would have been upheld if Republican presidents had not appointed the five members of yesterday's majority.  Who can doubt that Jimmy Carter, Walter Mondale, Michael Dukakis, Al Gore, John Kerry and ol' Bubba would have appointed judges dedicated to throwing out the constitutional guarantee upheld yesterday?

Silver Bullet.  The 2008 Supreme Court term ended with a bang yesterday as the Justices issued their most important ruling ever in upholding an individual right to bear arms.  The dismaying surprise is that the Second Amendment came within a single vote of becoming a dead Constitutional letter.

Bill to limit governor's control of guns OK'd by Senate panel.  On a 4-2 party-line vote, the Republican-controlled Senate Government Committee approved a measure Tuesday [6/20/2006] that would legally bar any [Arizona] governor from using a state of emergency to place new restrictions on the possession, transfer, sales, carrying, storage, display or use of firearms or ammunition.  The bill also would remove any ability to commandeer and use weapons or ammunition during any state of war.
It's a shame the states have to pass laws that reiterate the Second Amendment.
Constitution protects our right to bear arms.  The U.S. Supreme Court's recent affirmation of the "Right of the People" to bear arms was long overdue.  Our U. S. Constitution was written to guarantee that the civil rights we have would not be abridged by any government entity.  After the lessons learned from the tyrannical rule of the British and the resultant Revolutionary War, the last thing our forefathers wanted was a government that could remove our rights with the stroke of a pen.

Gun Ban Bill Would Cripple the Second Amendment, Group Warns.  Anti-gun Democrats are trying to make up for lost time by reintroducing legislation intended to ban so-called "assault" weapons, a Second Amendment group warns.  Gun Owners of America says the "queen of gun control," Rep. Carolyn McCarthy (D-N.Y.), is trying once again to outlaw many types of weapons based on their cosmetic features.

Gun Rights and Presidential Politics:  In the District of Columbia, it is a crime to have a handgun.  It also is a crime to have shotguns or rifles unless they are unloaded and disabled.  Ordinary people cannot have a gun, even in their own homes.  Earlier this year, the U.S. Court of Appeals for the District of Columbia struck down the law as unconstitutional.  The court said the Second Amendment does not allow a law like it because it keeps Americans living in D.C. from exercising their Second Amendment rights.

The Second Amendment Wedge.  Last week the Supreme Court decided to take on the biggest gun control case in almost seventy years:  District of Columbia v. Heller.  The Heller case is an appeal by the DC government from the US Circuit Court's decision holding unconstitutional D.C.'s ban on privately-owned handguns and severe limits on other weapons.

D.C.'s Gun Ban Gets Day in Court.  Despite mountains of scholarly research, enough books to fill a library shelf and decades of political battles about gun control, the Supreme Court will have an opportunity this week that is almost unique for a modern court when it examines whether the District's handgun ban violates the Second Amendment.  The nine justices, none of whom has ever ruled directly on the amendment's meaning, will consider a part of the Bill of Rights that has existed without a definitive interpretation for more than 200 years.

9 Seem Set To Rule for Gun Rights.  The U.S. Supreme Court appears ready to acknowledge for the first time that the Second Amendment bestows on Americans the right to possess guns.  While many gun owners have long believed such a right to exist under the Constitution, it has gone largely unrecognized by the federal courts.

Gun rights is biggest issue for court to decide.  The guns case — including Washington, D.C.'s ban on handguns — is widely expected to be a victory for supporters of gun rights.  Top officials of a national gun control organization said this week that they expect the handgun ban to be struck down, but they are hopeful other gun regulations will survive.

USA Today isn't too sure ...
Do you have a legal right to own a gun?  Guns, and questions about how much power the government has to keep people from owning them, are at the core of one of the most divisive topics in American politics.  Nowhere is that divide more pronounced than in the gap between Americans' beliefs about their rights under the Second Amendment, and how courts have interpreted the law.

Give gun owners uniformity.  Why does USA TODAY object to uniform laws?  The rules of safe driving don't change when you travel from a state highway onto a federal one.  Why should rules for gun owners change when they travel from a state park to a federal park or wildlife refuge?  As it is, gun owners who enjoy going afield in our parks face a confusing nationwide patchwork of rules and regulations, governed by different agencies and bureaucracies.  It's inconsistent, burdensome and unnecessary.  More than half the Senate agrees.

This is an original compilation, Copyright © 2013 by Andrew K. Dart

The DC Gun Ban:  Gun rights adhere to the American people, not to government-sanctioned groups.  Rights, by definition, are individual.  "Group rights" is an oxymoron.  Can anyone seriously contend that the Founders, who had just expelled their British rulers mostly by use of light arms, did not want the individual farmer, blacksmith, or merchant to be armed?  Those individuals would have been killed or imprisoned by the King's soldiers if they had relied on a federal armed force to protect them.

Isn't Self-Defense Common Sense?  [Scroll down] In last year's ruling, which the U.S. Supreme Court will soon review, the D.C. Circuit overturned a Washington, D.C., gun law that bans possession of handguns in the home and requires that rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock."  The law thereby effectively bars city residents from using firearms for self-defense in their own homes.  [Senator] Obama evidently considers that de facto prohibition a "common-sense regulation," since he recently cited Washington's law as an example of constitutionally permissible gun control.

The Armed Defense of Liberty:  Despite the heroic efforts of Sen. Bob Smith to turn it back, the latest batch of irrational and servile restrictions on the Second Amendment continues to ooze its way through that allegedly deliberative institution, the Congress.  Perhaps because the gun control debate is now so entirely drenched in the emotive sludge that is the principal intellectual food of our political establishment this seems a good moment to recall the deep reasons, the fundamental context, that must inform any responsible deliberations on the question of an armed citizenry.

Court Rediscovers 2nd Amendment, Liberals Fear Other 'Rights' May Soon be Found.  Tragedy struck leftists all across America last week when a federal appeals court reviewing the District of Columbia's handgun ban, ruled that the right of the people to keep and bear arms cannot be infringed upon by the District.

Second Amendment Solidified:  The Department of Justice issued an extensive report that very clearly and definitely shows that the Second Amendment was intended to protect an individual right. … The answer was definitive:  "The Second Amendment secures a right of individuals generally, not a right of states or a right restricted to persons serving in militias."

Ship captain's Second Amendment rights upheld.  A Warren County ship captain may carry a concealed weapon in New Jersey waters and ports, state Superior Court Judge John Pursel ruled Wednesday [8/11/2004].  The judge cited the post-Sept. 11 world of terrorist threats and the recent rise in the terrorist alert system not the Constitution] as part of the reason for his decision to grant the carrying permit.

The world according to Dick:  The Second Amendment Sisters simply advocate a woman's "right to choose" to own and carry firearms.  But [New Jersey Senate President] Dick Codey thinks the government should make that choice for them.  He knows what's best for a woman.

Supreme Court Refuses to Confirm Constitutional Right to Bear Arms :  The Supreme Court disappointed gun rights groups Monday [12/01/2003] by refusing to consider whether the Constitution guarantees people a personal right to own a gun.  The court has never said if the right to "keep and bear arms" applies to individuals.

Gunning for Your Gun Rights:  The United Nations' agenda may not be to overturn the Second Amendment per se, but it has cleared a path for making enforcement of this constitutional protection illegal under international law.

New Jersey to Expand Seizures in Gun Cases.  A New Jersey state assemblyman has introduced a bill that would allow the government to seize the home or car of anyone whose property contains an illegal firearm.  In New Jersey, nearly every gun is considered "illegal."

Gun Control:  The assault weapon statute is purely cosmetic — banning guns because of politically incorrect features such as bayonet lugs (as if drive-by bayoneting were a problem) or a rifle grip that protrudes "conspicuously" from the gun's stock.  Police statistics from around the nation show that such guns are rarely used in crime.

Guns and Federalism:  Members of Congress who support gun rights are currently engaged in a dubious tradeoff:  to save the Second Amendment, they've decided to undermine the Tenth.

Restoring the Right to Bear Arms:  For decades, the Second Amendment was consigned to constitutional exile, all but erased from constitutional law textbooks and effectively banished from the nation's courts.  But no more.  Recent developments in the law and in political culture have begun the process of returning the amendment to its proper place in our constitutional pantheon.

The Individual's Right to Bear Arms:  Judges know very well how to read the Constitution broadly when they are sympathetic to the right being asserted. We have held, without much ado, that "speech, or … the press" also means the Internet, and that "persons, houses, papers, and effects" also means public telephone booths.

Ninth "Circus" Court of Appeals Strikes Another Blow to Our Freedoms:  Federal court rules citizens do not have individual right to bear arms.

It's the anti-gun people who are nuts.  This year's Pittsburgh NRA convention set an attendance record.  Over the course of the convention's weekend-long run, more than 61,000 people visited the booths, workshops and meetings.  And, unlike at recent rallies in American cities "celebrating" sports teams' victories, there wasn't a single act of violence, not a single arrest, no wild drinking or drug-induced demonstrations. ... Come to think of it, I suppose that's precisely why the convention generated so little attention from the so-called mainstream media.

Gun Control:  The Criminal Lobby.  Gullible Americans are not rare.  All that is required for a small wealthy elite to destroy the Second Amendment is a gullible jury and a judge who permits a class action suit to expropriate the powers of legislators.

Reviving the Second Amendment:  On Oct. 16, [2001,] in United States v. Emerson, the U.S. Court of Appeals for the Fifth Circuit joined the Bush administration and respected legal scholars across the political spectrum in affirming the right that each of us enjoy, as individuals, to own a gun.

How Ted Kennedy Opposes The Second Amendment:  When the history of the 20th century is finally written, one of its key features will be the wanton slaughter of more than 170 million people, not in war, but by their own government.  The governments that led in this slaughter are the former USSR (65 million) and the Peoples Republic of China (35 to 40 million).  The point to remember is that these governments were the idols of America's leftists.  Part of reason for these and other tyrannical successes was because the people were first disarmed.

Blacks Allegedly Victimized By "Racist" Gun Control Laws:  Second Amendment experts say current gun control laws are preventing law abiding African Americans from acting in self-defense against the illegally armed criminals that infest their inner-city neighborhoods.

Maryland Police Say Disabled Man Has "No Good Reason" For Handgun:  The State of Maryland has denied a physically disabled citizen a permit to carry a concealed handgun because he does not have a "good and substantial reason" to be armed.

Where Gun Control Is Going:  It is astonishing that the American people continue to fail to get their collective intellectual arms around the absurdity and increasingly dangerous threat to human freedom that gun control represents.  Banned by the Second Amendment, restrictions placed upon government by the law of the land are blatantly ignored by that very same government!

DC Residents Sue to Keep Guns in Home:  Residents of the District of Columbia have lived with some of the nation's most restrictive gun-control laws since 1976.  Six of those residents, who claim their safety is at risk because they can't defend themselves, have sued the city to force a change in the law.

Sniper tips trigger firearms crackdown:  Gun advocates fear witch hunt by Montgomery County police… using the 100,000 tips called in during the October sniper terror investigation, reports the Washington Times.

D.C. Gun Law Under Fire:  A Second Amendment group is filing a lawsuit demanding that the nation's capital ease up its gun laws, which are considered the most restrictive in the nation.

Baltimore outlaws BB guns for minors:  The BB gun, like the classic Red Ryder celebrated in a popular holiday film, is a traditional Christmas gift that has always come wrapped in a certain risk.  Now the toy carries a threat that has nothing to do with putting an eye out:  a $500 fine and two months in jail.

Gun Control and Freedom:  Thomas Jefferson said, "When governments fear the people there is liberty.  When the people fear the government there is tyranny."

FBI Agents "Miffed" that Gun Owner Contacted Media:  Prior to the capture of "Beltway Sniper" suspects John Allen Muhammad and John Lee Malvo, an unconfirmed number of Maryland gun owners received surprise visits from the FBI as part of the investigation.  One such gun owner had a surprise of his own for the agents when they arrived at his home.

Why worry about a national gun database?  There's an obvious problem with arguing that an existing law is needed to prevent crimes like the sniper attacks when it has manifestly failed to do so.

NRA Sticker Is No Reason for Cops to Search Truck, Court Rules

Guns and Violence:  Did you know that water is 19 times more dangerous to a child than a firearm?  In 1996, 805 children died from accidental drownings and 42 died from firearm accidents.

Gun bans don't equal freedom:  A couple of the West's democracies are behaving less and less like the bastions of freedom they claim to be and more like authoritarian regimes rife with little Napoleons who want absolute control over their respective masses.

LaPierre:  9/11 Windfall for Anti-Gun Lobby:  The anti-gun lobby wants you to surrender your freedoms in the name of security.  If Americans fall for it, they will get neither, a new book warns.  "Smoke was curling over the ruins of the World Trade Center when the gun-control lobby swung into action, seizing on that tragedy to score points in the political arena," National Rifle Association CEO Wayne LaPierre and his predecessor James Jay Baker write in "Shooting Straight:  Telling the Truth About Guns in America."

The Second Amendment Revisited:  If the gun control lobby were really sincere about keeping guns out of the hands of criminals, they would welcome the Bush administration policy, but there is no sincerity.  The hysterical reaction is all about not being able to ban the private ownership of guns.  Again and again their true intent becomes clearer: registration, gun bans, and finally confiscation.

The Second Amendment is Not Enough:  Pro-firearms advocates have been in a defensive posture for too long on this issue.  Rather than forever reacting to the threats by anti-gun advocates, pro-gun advocates should seek a legislative affirmation of the individual's right to bear arms.

The Second Amendment Strikes Back:  Enemies of the right to self defense using guns, must argue that "the people" in the Second Amendment does not refer to individuals, despite this interpretation everywhere else in the Bill of Rights when the Founding Fathers referred to "the people."

Ultimate Civil Right:  To Protect Yourselfby Charlton Heston

The Terrible Fear That People May Exercise Their Rights:  On April 10 [2002] an Ohio appellate court unanimously ruled that Ohio's ban on carrying concealed weapons, in effect since 1974, violated the people's right to keep and bear arms.  The appellate court also upheld a lower court's dismissal of the prosecution of a pizza deliveryman who carried a handgun in his waistband for protection while making his deliveries.  Since 1851, the Ohio Constitution has said, "the people have the right to bear arms for their defense and security."  In striking down the ban, the court noted that the framers of the Ohio constitution "put the citizens' rights up front.  We believe they meant what they said."  This ruling is a victory for the citizens of Ohio.

Making the case:  The lawlessness of today's racial quota and gun control liberals may be coming under serious challenge.

Mountaineer May Carry His Black Powder Rifle:  The Second Amendment Foundation has hired an airplane to fly a pro-gun banner over the crowd at Saturday's football game [9/7/2002] between the University of Wisconsin Badgers and the West Virginia Mountaineers.  "Guns save lives," the banner will read.

Does Bush's "Project Safe Neighborhoods" Violate the Constitution?  A Bush administration program that calls for federal agents to prosecute gun crimes runs afoul of the U.S. Constitution, some legal scholars believe.  "In actuality and despite what the federal courts have felt constrained to do, the federal government has no more legitimate constitutional authority over gun crime that happens in one state than it does over jaywalking or drunk driving," said Gene Healy, Cato Institute legal scholar.

More Injustice on the Way:  Gene Healy, a Cato Institute scholar, recently provided a thorough exploration of the unintended consequences of the new Bush-Ashcroft plan to federalize gun crimes, known as the Project Safe Neighborhoods program.  The unintended consequences of this law are frightening.

Heston on the right to bear arms:  In an exclusive interview, the NRA chief sounds off on threats to the 2nd Amendment.

Bush Administration Backs Individual Right to Bear Arms:  Reversing the four-decade-long federal interpretation of the Second Amendment, the Bush administration has told the Supreme Court that it believes the Constitution protects an individual's right to bear arms.

Are Gun Control Opponents Crazy?  Reflect on this:  Hitler was popularly elected.  We know what happened in Germany.  Among his first actions was to impose restrictions on gun ownership "For the safety of the people of Germany."  Is this the kind of safety Bill Clinton has in mind for us?  The primary goal of the Second Amendment, and the reason that it is indispensable, is to give each American the ability to protect himself from a repressive Government and the ability to defend himself where the State never can — in his home.

"Safety" is not even worthy of our consideration as an issue.  When it comes to your Second Amendment rights, the issue of freedom is more important than the issue of safety.

Gun rights decision may sound the death knell for gun bans:  The media has largely ignored a recent Fifth Circuit Court of Appeals ruled that the Second Amendment guaranteed an individual the right to bear arms.

Gun Group Says Second Amendment Foe Exploiting Tragedy:  A gun rights group says an anti-gun congressman is using the Sept. 11 terrorist attacks on the United States as an excuse to further his unconstitutional agenda.

Reading the Second Amendment:  Is [the Second Amendment] so hard to understand?  Apparently so.  Even some of its defenders don't like how it is worded because it allegedly breeds misunderstanding.  But the Second Amendment of the Bill of Rights is indeed a well-crafted sentence.  By that I mean that its syntax permits only one reasonable interpretation of the authors' meaning, namely, that the people's individual right to be armed ought to be respected and that the resulting armed populace will be secure against tyranny, invasion, and crime.  Someone completely ignorant of the eighteenth-century American political debates but familiar with the English language should be able to make out the meaning easily.

A Freedom Under Fire:  Except for perhaps the question of whether or not to legalize abortion, no public issue of recent years has absorbed more interest or stirred the violent emotions of thoughtful people (and of those less so) than the prickly matter of gun control.  In the editorial pages of newspapers, before the committees of Congress, the battle has been joined.

Weapons Scanner Raises Constitutional Concern:  A federal agency is developing a radar-like device that uses electromagnetic waves to peer through clothing and detect concealed weapons from up to 50 feet away.  News of the planned system comes amid national angst over domestic terrorism while adding a new dimension to the debate over the constitutionality of high-tech policing practices.

No individual gun rights?  Quotations from the Founding Fathers on the subject of the Second Amendment

The Strange Case of United States v. Miller:  With the extreme polarization of the modern gun debate, this case has assumed an importance far beyond what anyone expected in 1938.

Dianne Feinsteins' Latest Incredible Lie.

Militia 101.

The U.S. v. Miller Revisited.

United States vs Miller : Court opinion & documents.

Who Will Speak for the Second Amendment?:  A new Web site has appeared which accuses Attorney General John Ashcroft of having expressed "a position on the Second Amendment that is in direct conflict with legal precedent, historical research, and established Justice Department policy."  What exactly did Ashcroft say?  The site quotes a May 17, 2001 letter to National Rifle Association Executive Director James Jay Baker, in which Ashcroft writes:  "…let me state unequivocally my view that the text and the original intent of the Second Amendment clearly protect the right of individuals to keep and bear firearms."  That is the statement which the Violence Policy Center (VPC) condemns.

Guns, Personal Security, and Freedom  By Richard Burgner.

Firearms and Freedom The Second Amendment protects what is arguably the most important liberty of all, since it safeguards all other rights.

Liberty Belles:  Putting your Second Amendment rights first.

Back to the Gun Control Page
Back to the Home page

Bookmark and Share

Custom counter developed in-house

Document location http://www.akdart.com/gun2.html
Updated April 15, 2014.

©2014 by Andrew K. Dart