Archive for the ‘Second Amendment’ Category

A New Day for the Second Amendment: Donald Trump Addresses the NRA – NRA ILA

This article appears in the July 2017 issues of the Official Journals of the National Rifle Association.

The drumbeat of fake news continues as the elites disappointed by the 2016 election dedicate themselves to resisting the Trump administration.

Among their many false narratives is that Americans are no longer interested in firearms now that Barack Obama is out of the White House.

At least two big groups of people didnt get that memo.

One is comprised of the 2,045,564 Americans who were queried through the FBIs firearm background check database in April 2017. This was the second busiest April ever for that system. In fact, each month of Trumps presidency has seen over two million firearm-related background checks. Only in 2016, when Americans faced losing their Second Amendment rights forever, did the FBI run more checks during a January to April period.

The other group included the nearly 82,000 people who attended the NRAs Annual Meetings and Exhibits in Atlanta, Georgia in late April. This was our second-highest total of attendees ever. Fifteen acres of guns and gear on display at the Georgia World Congress Center said all that needed to be said about the vitality of Americas firearms industry.

But those werent the only encouraging signs that greeted the NRAs extended family reunion in the Peach State. Our Annual Leadership Forum drew an impressive line-up of speakers. Besides three sitting U.S. Senators (Georgias David Purdue, Alabamas Luther Strange, and Texas Ted Cruz), we heard from Interior Secretary Ryan Zinke and Florida Governor Rick Scott. Lt. Col. Allen West and Milwaukee County Sheriff David A. Clarke provided a distinguished presence from the uniformed ranks. And rounding out the guest list were Nevada Attorney General Adam Laxalt, former Major League Baseball great Adam LaRoche, and campus carry advocate Antonia Okafor.

But that was just the undercard, as it were. Because for only the second time in the NRAs history, we welcomed the sitting President of the United States (the last one before him being Ronald Reagan in 1983). For those of us who were on the front lines of the brutal 2016 election (and that included every NRA member present), it was not only an honor to have President Trump address the NRA, but one of the clearest possible lessons of the power the common person still holds in American democracy.

I began my remarks with a montage of film clips showing condescending figures from the political, media, and entertainment establishments dismissing Trumps chances of winning the election, contrasted with footage of the partnership forged between the NRA and Donald Trump. NRA members have always stood apart from the prevailing winds of elite opinion and political correctness to focus on the enduring values that have bound our country together from the beginning.

That resolve was never as evident or necessary as in 2016, when the fate of our country and the Second Amendment literally hung in the balance of the presidential contest. On the one hand was globalist and Second Amendment opponent Hillary Clinton, who claimed that the Supreme Court was wrong to recognize an individual right to keep and bear arms. On the other was Donald Trump, who had a Second Amendment position paper on his campaign website that began, The Second Amendment to our Constitution is clear. The right of the people to keep and bear arms shall not be infringed upon. Period. At stake was which of them would appoint the Second Amendments tie-breaking vote on the U.S. Supreme Court.

By the time President Trump addressed the crowd in Atlanta, he had already made that appointment by filling the late Justice Antonin Scalias seat with another constitutional originalist, Neil M. Gorsuch. Once again, we have a majority of support on the Court for our right to keep a gun in our home for self-defense.

President Trump had many stirring things to say during his address. But the line all of us will remember most is when he assured the members of the NRA: you came through for me, and I am going to come through for you.

More than that, however, you the NRAs members came through for America and for the freedoms we hold dear. And American democracy and its elevation of the common man and woman came through for all of us.

As ever, the fight for Americas soul will continue. But that Friday in Atlanta showed with the utmost clarity it is one we can win.

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A New Day for the Second Amendment: Donald Trump Addresses the NRA - NRA ILA

Supreme Court refuses to hear high-stakes Second Amendment handgun case – Washington Examiner

The Supreme Court on Monday declined to take a case about the boundaries of the Second Amendment's right to keep and bear arms, by saying it will not review a California self-defense law.

The petitioners in Peruta v. California who asked the Supreme Court to review the case called the controversy "perhaps the single most important unresolved Second Amendment question" left to come before the Supreme Court. The high court's action on Monday will leave that question unresolved.

The question the Supreme Court refused to hear is whether the Second Amendment gives people the right to carry handguns outside the home for self-defense, including concealed carry when open carry is forbidden by state law.

Justice Clarence Thomas dissented from the high court's decision not to take the case, which Justice Neil Gorsuch joined.

"At issue in this case is whether that [Second Amendment] guarantee protects the right to carry firearms in public for self-defense," Thomas wrote. "Neither party disputes that the issue is one of national importance or that the courts of appeals have already weighed in extensively. I would therefore grant the petition for a writ of certiorari."

He added, "For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous. But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a state denies its citizens that right, particularly when their very lives may depend on it."

California law generally prevents carrying a handgun outside a home, but concealed carry is allowed for those with a license. Applicants for such a license need to demonstrate "good cause" to obtain the license, which several sheriffs have taken to mean including carrying a handgun for self-defense, as the petitioners noted in their brief to the Supreme Court. But in San Diego, the sheriff defined "good cause" as requiring a "particularized" need for self-defense that separates the applicant from an average applicant.

A three-judge panel found the San Diego County Sheriff's policy unconstitutional, but was reversed by the 9th Circuit Court of Appeals. Since the Supreme Court did not take the case, the 9th Circuit's ruling will prevail.

"We should have granted certiorari in this case," Thomas wrote. "The approach taken by the en banc court is indefensible, and the petition raises important questions that this court should address. I see no reason to await another case."

Paul Clement, an attorney who several conservatives hoped to see included on President-elect Trump's Supreme Court short lists when looking to replace the late Justice Antonin Scalia, is listed as the counsel of record for the petitioners challenging the California policy and 9th Circuit decision.

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Supreme Court refuses to hear high-stakes Second Amendment handgun case - Washington Examiner

SCOTUS just made a mockery of biology AND the Second Amendment – Conservative Review

SCOTUS just made a mockery of biology AND the Second Amendment
Conservative Review
Over the past few years, we have chronicled a pattern developing in the lower courts on the Second Amendment since the Heller decision. Not that we needed the Supreme Court to affirm the right to self-defense, which predated the Constitution, but the ...

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SCOTUS just made a mockery of biology AND the Second Amendment - Conservative Review

Second Amendment violations targeted by criminal code experts – Washington Times

In District of Columbia v. Heller, the U.S. Supreme Court held that Washington, D.C.s ban on handgun possession unconstitutionally infringed on Second Amendment rights. Yet a District law prohibiting with few exceptions ammunition in residents homes lingers on the books.

What good is the right to keep and bear arms for self-defense if you cannot have ammunition? How can residents look to the law to understand what conduct is and is not illegal? Should they follow the statutes? The court? Get confused and forgo their rights?

In Marbury v. Madison, Chief Justice John Marshall wrote that if a statute is in opposition to the Constitution, the Constitution must govern.

Following that principle, the criminal code reform commission established by the City Council has reviewed the districts criminal laws and identified two statutes Unlawful Possession of Ammunition (D.C. Code 7-2506.01) and Alteration of Identifying Marks of Weapons (D.C. Code 22-4512) as being unconstitutional.

The commissions findings rest on two cases in D.C. courts: Herrington v. United States and Reid v. United States.

In Herrington, the trial court had ruled that all the government needs to prove to obtain [an unlawful possession of ammunition] conviction are that the defendant possessed ammunition, and that he did so knowingly and intentionally. The D.C. Court of Appeals disagreed, writing, a flat ban on the possession of handgun ammunition in the home is not just incompatible with the Second Amendment, but clearly so.

Yet it ruled that the government may convict a defendant of unlawful possession of ammunition if it also proves beyond a reasonable doubt that he had not lawfully registered a firearm of the same gauge or caliber as the ammunition he possesses.

The commissions report identifies the statute as unconstitutional but advises lawmakers to cure that by amending the law to incorporate the courts ruling.

The second offense makes it a crime to alter or obliterate a firearms serial number. The commissions report observes that the law also permits a jury to infer that a person who possesses a weapon with obliterated markings is the same person who did, in fact, obliterate those markings.

In Reid, the D.C. Court of Appeals recognized that individuals might unknowingly acquire weapons with previously obliterated markings, and that, therefore, the presumption of guilt in the statute is fundamentally unfair and violates due process.

Thirty-four years later, commissioners are just now advising lawmakers to bring the law up to date with the U.S. Constitution.

The commissioners give three reasons why lawmakers should no longer delay updating D.C. firearms laws:

1) to ensure respect for the peoples constitutional rights;

2) to clarify to the general public what precisely constitutes an offense; and

3) to guide practitioners in the future.

For the same reasons, other states should review their criminal codes to ensure that Second Amendment rights, and other constitutional provisions, are protected.

As the Supreme Court stated in McBoyle v. United States in 1931, and had recognized long before that, fair warning should be given to the world in language that the common world will understand, of what the law intends to do if a certain line is passed. To make the warning fair, so far as possible the line should be clear.

In Heller, the Court wrote that the Second Amendment bears no secret or technical meanings that would not have been known to ordinary citizens in the founding generation. In McDonald v. Chicago, the Court held that the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self-defense applies to the states.

The D.C. Criminal Code Reform Commission represents a step in the right direction. It has provided a straightforward methodology for reviewing criminal laws in the interest of protecting constitutional rights. It is an approach that all cities and states should consider taking.

John-Michael Seibler is a legal fellow in The Heritage Foundations Meese Center for Legal and Judicial Studies.

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Second Amendment violations targeted by criminal code experts - Washington Times

SCOTUS Lets Ruling Stand Protecting Second Amendment Rights Following Non-Serious Misdemeanors – Breitbart News

The issue revolved aroundBinderup v. the U.S. Attorney General, a case brought by the Second Amendment Foundation (SAF) on behalf ofDaniel Binderup. He pleaded guilty in 1996 to a misdemeanor charge related to a consensual relationship he had with a 17-year-old female employee, receiving three years probation and a $300 fine.Since thecrime could have resulted in jail timeof over one yeartriggering a federal gun law blocks firearms possessionBinderup sought protection of his Second Amendment rights.

The Third Circuit handed down an en banc ruling in Binderups favor and Obamas Department of Justice responded by seeking a Supreme Court review. The result of that review is that the Third Circuit decision stands.

Following SCOTUS announcement, SAF sent a press release to Breitbart News, saying:

The Third Circuit Courts favorableruling combined Binderups case withanother SAF case involvinga man named Julio Suarez. Hewas stopped in 1990 on suspicion of driving while intoxicated.At the time he was carrying a handgun and spare ammunition without a permit.He pleaded guilty in Maryland state court to the charge and received a 180-day suspended sentence and $500 fine. Asa result, he also lost his gun rights because the crime could have resulted in jail timeof more than one year. Neither man was ever incarcerated.

The pro-Second Amendment results ofBinderup v. the U.S. Attorney Generalwere accompanied by news that SCOTUS declined to hearPeruta v. California; a case revolving around Californias good cause requirement for concealed carry license acquisition. On January 12, 2017, Breitbart News reported SCOTUS was petitioned to review Perutain hopes of securing a ruling as to whether the Second Amendment entitles ordinary, law-abiding citizens to carry handguns outside the home for self-defense in some manner, including concealed carry when open carry is forbidden by state law.

For now, the Second Amendment community is cheering the ruling inBinderup but remains pensive overPeruta.

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com.

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SCOTUS Lets Ruling Stand Protecting Second Amendment Rights Following Non-Serious Misdemeanors - Breitbart News