Explore The NRA Universe Of Websites

APPEARS IN News Second Amendment

Famed Law Professor, Defense Attorney Latest to Suggest Second Amendment Needs to Go

Friday, July 31, 2015

Famed Law Professor, Defense Attorney Latest to Suggest Second Amendment Needs to Go

The legal profession is full of blowhards, egomaniacs, hypocrites, and elitists, but even so, rarely are all those qualities present in a single individual to the same degree as in Alan Dershowitz. At age 28, Dershowitz became the youngest full professor of law in history with his appointment at Harvard. And, yes, it went to his head. He has written that he “does not hide behind the distorting shield of false humility” and has even suggested things might have gone differently for Jesus if he had been there to represent him. When not busy indoctrinating impressionable law students in his own particular brand of politics, Prof. Dershowitz has advocated on behalf of various celebrity clients, including in highly-publicized cases involving allegations of murderous domestic violence. 

Despite his reputation in some circles as a civil rights champion, Dershowitz is no fan of the Second Amendment. He has advocated for a variety of gun controls, including banning all semi-automatic firearms. As he said on the (since cancelled) Piers Morgan show, “If I could ban 100 percent of guns without violating the Constitution, I would do that ….” In the same appearance, he called the idea that guns have a role in protecting liberty “a myth.” Nevertheless, at least at one point, he was willing to go on record as admitting the Second Amendment protects an “individual right to ownership of guns,” although subject to regulation.  

Nevertheless, Dershowitz (who admitted in 2003 that he's never held a pistol) on Monday claimed America’s “experiment” with private ownership of firearms “has failed miserably.” During an appearance on Newsmax TV, he went on to say, “If I could write the Bill of Rights over again, I would skip amendment number two. We’re the only country in the world that puts in our Constitution the right to bear arms.”   

Even though Dershowitz is famed for his expansive readings of other provisions of the Bill of Rights, he would have no problem regulating the Second Amendment into oblivion.  “What is needed,” he said, “is some very tough legislation on both the federal and state level to make it much, much harder to get guns and to create a presumption against gun ownership instead of a presumption in favor of gun ownership ….”

Although perhaps the most obnoxious, Dershowitz is by no means the first legal prima donna to suggest rewriting the Bill of Rights to eliminate the Second Amendment. Supreme Court Justice Ruth Bader Ginsburg has publicly suggested that a “future, wiser court” could revisit the landmark Heller decision, which recognized a private right to arms under the Second Amendment. Later, in a televised appearance from Cairo, Egypt, Justice Ginsburg remarked that she “would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012.” 

More recently, another dissenter from the Heller case, former U.S. Supreme Court Justice John Paul Stevens, wrote an entire book about how he would refashion the U.S. Constitution to his liking. Among his suggestions is limiting “the right of the people to keep and bear Arms” in the Second Amendment with the phrase, “when serving in the militia.” 

While we at the NRA don’t think much of their constitutional scholarship, we can at least credit these influential legal thinkers for their candor and for illustrating the true philosophical underpinnings of the gun control movement. No matter how else they may couch their rhetoric – most recently as “gun safety” proponents, gun control advocates simply hate guns and do not trust the American people to have them.  It should surprise no one that the legal elites among them are perfectly willing to repeal or judicially nullify the Second Amendment entirely.  

The next U.S. president could appoint perhaps three or even four Supreme Court justices to a bench where the Heller and McDonald decisions currently survive by one vote. The importance of who makes those appointments should not be lost on those who value the right to keep and bear arms. Whatever else can be said of his tendency towards incessant bloviation, that’s one lesson from Prof. Dershowitz we all should heed.

 

 

  

TRENDING NOW
ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

News  

Monday, December 8, 2025

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

Joe Biden has been out of office for over 300 days now, but his anti-gun legacy lingers, including in the form of a playbook left behind for anti-liberty governors (hello, Governor Gretchen Whitmer!) to consult. NRA-ILA ...

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

News  

Monday, December 8, 2025

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

A few weeks ago, an alert discussed the Gallup organization’s polling that tracks historic changes in the public’s perception of mass media (newspapers, TV, and radio). Since 1972, Gallup has been asking Americans about their “trust and ...

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

Indiana: 2026 Legislative Session Is Now Underway!

Tuesday, November 25, 2025

Indiana: 2026 Legislative Session Is Now Underway!

Today, December 1st, the Indiana House of Representatives begins its 2026 legislative session. The Indiana Senate will convene one week later, on December 8th. Gun owners and sportsmen throughout the state must stay actively involved ...

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

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.