Explore The NRA Universe Of Websites

APPEARS IN News

Clinton Refuses to Say Second Amendment Protects Individual Right

Friday, June 10, 2016

Clinton Refuses to Say Second Amendment Protects Individual Right

On ABC’s This Week show last Sunday, Democrat presidential candidate Hillary Clinton twice refused to say whether she believes the Second Amendment protects a fundamental, individual right to keep and bear arms.

Clinton had previously said that she disagrees with the Supreme Court’s “terrible” ruling in District of Columbia v. Heller, but that she doesn’t want to “abolish” the Second Amendment. Apparently seeking to clarify Clinton’s position on the question, ABC’s George Stephanopoulos said to her, “I want to ask you a specific question. Do you believe that an individual’s right to bear arms is a constitutional right – that it’s not linked to service in a militia?”

It was a question Clinton should easily have been able to answer “yes” or “no.” After all, the Supreme Court found it easy to do so in Heller. In that case, the District had argued that an individual had a right to keep and bear arms only when performing duties in the service of a state militia. Four justices agreed. Five justices didn’t, saying instead that the amendment protects an individual right irrespective of a person’s militia status.

Clinton didn’t want to answer the question, though. With her chance at the presidency on the line, Clinton is afraid of telling the voters that she doesn’t want the Second Amendment interpreted as protecting an individual right to keep and bear arms, and that if she were elected president, her nominees to the Supreme Court would vote to overturn Heller and reinterpret the Second Amendment as protecting no individual right whatsoever.

So, Clinton said, “there was no argument until [Heller] that localities and states and the federal government had a right, as we do with every amendment, to impose reasonable regulation.” It was an evasive answer that would satisfied some TV journalists, but unfortunately for Clinton, Stephanopoulos had done his homework. 

He pointed out that Heller didn’t forbid all restrictions on firearms, “but that’s not what I asked.” Stephanopoulos repeated his previous question: “Do you believe that [the court’s] conclusion that an individual’s right to bear arms is a constitutional right?” 

Clinton’s response: “If it’s a constitutional right, then it, like every other constitutional right, is subject to reasonable regulations. And what people have done with that decision is to take it as far as they possibly can and reject what has been our history from the very beginning of the republic. . . .”

Stephanopoulos could have asked Clinton where the Constitution recognizes any “right” of a government to restrict rights, where anyone has tried to use the Heller decision to expand the right to arms beyond what the Framers of the Bill of Rights envisioned, and whether she would like for a future Supreme Court to overturn Heller’s ruling that the right to arms is unrelated to militia service.

On the other hand, it’s possible that Stephanopoulos realized that no further questions were required. Clinton has made her position on the Second Amendment clear.

TRENDING NOW
Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

News  

Monday, April 21, 2025

Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

On April 16, Director of National Intelligence Tulsi Gabbard made good on a promise to expose the ways in which the Biden administration had weaponized the federal government against its political adversaries by releasing the Biden-era “Strategic Implementation Plan ...

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

News  

Monday, April 14, 2025

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

Last week, the U.S. Department of Justice (DOJ) formally announced the creation of a Second Amendment Task Force with Attorney General Pam Bondi declaring, “It is the policy of the Department of Justice to use its full ...

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

News  

Monday, April 21, 2025

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

It has happened before in Massachusetts: A small, hardy band of armed Americans faces off against elements of the most powerful military in the world and commits a revolutionary act that paves the way for ...

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

News  

Monday, April 14, 2025

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

It’s been only a few years since the San Francisco Board of Supervisors passed a resolution calling the NRA a “domestic terrorist organization.” 

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

News  

Monday, April 21, 2025

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

Last February, NRA-ILA’s reporting exposed the case of Taylor Taranto, a pardoned January 6 protestor separately arrested on firearm charges in Washington, D.C. 

Canadian Appeals Court Upholds 2020 Gun Bans – “Reasonable” and “Rationally Connected to a Legitimate Objective”

News  

Monday, April 21, 2025

Canadian Appeals Court Upholds 2020 Gun Bans – “Reasonable” and “Rationally Connected to a Legitimate Objective”

On March 9, when Mark Carney was selected to replace Justin Trudeau as Canada’s Prime Minister and the new Liberal Party leader, he ignored the opportunity the situation presented to jettison his predecessor’s useless and expensive “assault-style ...

Colorado: Governor Polis Signs More Gun Control into Law

Monday, April 21, 2025

Colorado: Governor Polis Signs More Gun Control into Law

Continuing the trend of this legislative session, Governor Jared Polis has signed two more gun control bills into law: House Bill 25-1238 and House Bill 25-1133.  

Legal Update: April 2025 Litigation Update

Monday, April 21, 2025

Legal Update: April 2025 Litigation Update

In the first quarter of 2025, the National Rifle Association filed three new lawsuits and five amicus briefs, while continuing to litigate dozens of ongoing lawsuits across the country.

Washington: Permit to Purchase Bill Passes Senate

Tuesday, April 15, 2025

Washington: Permit to Purchase Bill Passes Senate

On Monday, April 14th, the Senate passed House Bill 1163, the permit-to-purchase scheme, along party lines. It will now return to the House for concurrence with amendments made in the Senate. NRA members must urge ...

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.