Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Standing Guard: An Individual Right Affirmed

Thursday, July 31, 2008

We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to  all Americans.” 

--U.S. Supreme Court Justice Antonin Scalia, June 26, 2008.

For all of us, as members of the National Rifle Association and for millions of other Americans, that pronouncement by the U.S. Supreme Court is perhaps the most important we will ever read or hear. It is a vindication of what we and a majority of Americans have always known.

The media would have gun owners believe that with this landmark decision, the fight is over. The truth is, it is just beginning. This is the opening salvo in a step-by-step process of bringing relief to people all over this country who have been deprived of access to Second Amendment freedom.

NRA is filing lawsuits in places like Chicago and its suburbs, and in San Francisco,where gun-ban statutes still block the doorway to freedom.

With this monumental decision, we will also be fighting to restore rights through the legislative process, in Congress and in state legislatures to bring statutes into line with this critical doctrine of constitutional law. The Second Amendment must never be walled off by the elite so that only the rich and famous or politically connected can access this freedom, while average citizens are told, “You’re flat out of luck.”

“ . . . the American people have considered the handgun to be the quintessential self-defense weapon . . . and a complete prohibition of their use is invalid . . . .”

In reading this landmark decision striking down the District of Columbia’s three-decades-old gun-ban, it has come to me time and again that this victory for freedom is not just about the culmination of decades of deep legal and historical scholarship or about the brilliant legal work of many individuals …it’s also about raw electoral politics.

This Supreme Court victory is about you, your families and friends--your votes--especially in the last two presidential elections.

And this remarkable decision is about President George W. Bush keeping his faith with us that he would appoint justices--like Chief Justice John Roberts and Justice Samuel Alito--who interpret our constitutional rights as they were intended by our Founding Fathers.

Justice Scalia’s 64-page Second Amendment opinion was remarkably clear and answered key, fundamental questions.

Joined in the 5-4 majority by Chief Justice Roberts and Justices Alito, Clarence Thomas and Anthony Kennedy, the court concluded:  “… we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.”

On the utility of handguns, he wrote, “… the American people have considered the handgun to be the quintessential self-defense weapon … and a complete prohibition of their use is invalid …”.

On future Second Amendment cases, Scalia was unequivocal, “… whatever else it leaves to future evaluation, it surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.”

No matter what other issues might intervene, there is nothing more important than maintaining or increasing the pro-Second Amendment majority on the high court this November.

That bedrock belief was ridiculed by Justice John Paul Stevens as an “overwrought and novel description of the Second Amendment.”

Stevens, in his dissent, said the right was solely “to maintain a well-regulated militia.”And he said the framers of the Constitution “never evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms [as with D.C.’s ban]. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.”

Stevens was joined in dissent by Justices David Souter, Ruth Bader Ginsburg and Stephen Breyer.

For the majority, Scalia fired back, “… it is not the role of this Court to pronounce the Second Amendment extinct.”

But consider this. Except for one vote, that is exactly what a Stevens majority would have done.

But for one vote, total bans on firearm ownership would have gotten the imprimatur of the high court, and such laws would have metastasized through the efforts of New York billionaire Mayor Mike Bloomberg’s cabal of big city mayors and his fellow globalist billionaire, George Soros.

And that brings me back to electoral politics. This November, with the sure bet that there will be two, perhaps three vacancies on the U.S. Supreme Court in the near future, we face a clear choice.

If Barack Obama takes the White House, he will nominate enemies of

the Second Amendment. That is a sure thing.

John McCain--on the other hand--sees Justices Scalia, Alito, Roberts and Thomas as models for the kind of jurists he would appoint.

No matter what other issues might intervene, there is nothing more important than maintaining or increasing the pro-Second Amendment majority on the high court this November. The court’s decision was a great moment in American history, but it shows how fragile freedom is and how vigilant we must always be, each and every day, to protect it.

TRENDING NOW
Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

News  

Monday, April 20, 2026

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

Anti-gun lawmakers in the Empire State are running out of things to ban.

U.S. House Removes Anti-Hunting Language from Farm Bill

News  

Monday, April 20, 2026

U.S. House Removes Anti-Hunting Language from Farm Bill

Last week, legislators on Capitol Hill delivered a significant victory for hunters and Second Amendment supporters by securing a critical fix to the House Farm Bill (Farm, Food and National Security Act of 2026).  

Trump Administration Shuts Down “Reputation Risk” as a Cudgel Against Gun Industry

News  

Monday, April 20, 2026

Trump Administration Shuts Down “Reputation Risk” as a Cudgel Against Gun Industry

The decades long discriminatory tension between the financial sector and the firearm industry underwent a positive shift with a final rule published on April 10 by the Office of the Comptroller of the Currency (OCC) and the ...

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Maryland:  Legislature Adjourns Sine Die from 2026 Session

Friday, April 17, 2026

Maryland: Legislature Adjourns Sine Die from 2026 Session

This week, the Maryland General Assembly adjourned sine die for the 2026 session.

Swalwell’s Career Gets Nuked

News  

Monday, April 20, 2026

Swalwell’s Career Gets Nuked

One of the most rabidly anti-gun U.S. representatives, Eric Swalwell (D-Cal.), resigned from office last week under a disturbing cloud of accusations. These allegations included claims of sexual misconduct, and even sexual assault.

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Tuesday, April 14, 2026

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Today, April 14th, the legislature convened for a veto override session, and successfully overrode Governor Andy Beshear's vetoes of House Bill 78 and House Bill 312.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Australia’s National Gun Buyback Already an “Extinct Policy”

News  

Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.