Explore The NRA Universe Of Websites

American Bar Association Continues to Attack Gun Owners, Due Process

Friday, August 18, 2017

American Bar Association Continues to Attack Gun Owners, Due Process

Over the years, the American Bar Association has defended the due process rights of some very unpopular groups, including, enemy combatants, terror suspects, and convicts on death row. The organization also advocates that stringent due process standards be applied to the disposition of positive rights, such as “universal access to healthcare,” and welfare benefits. Such advocacy might give some the false impression that the ABA holds a principled position on due process rights in general. When it comes to the due process rights of gun owners, however, the ABA has abandoned any pretense of principle and adopted the prevailing left-wing orthodoxy.

At the 2017 ABA Annual Meeting, held August 10-13, the ABA House of Delegates adopted Resolution 118B, which “urges state, local, territorial, and tribal governments to enact statutes, rules, or regulations authorizing courts to issue gun violence restraining orders.” Gun violence restraining orders force a gun owner to surrender their firearms to law enforcement, or authorize law enforcement to seize said firearms, absent a disqualifying criminal conviction. NRA has opposed such legislation where introduced because such orders diminish the due process afforded an individual before they are stripped of their Second Amendment rights, and because of these orders’ obvious potential for abuse.

Under the resolution, governments are encouraged to implement legislation to allow for confiscation even after ex parte orders, which are orders that can be issued without the target of the restraining order present to provide evidence in their own defense.

Fleshing out the proposal, the ABA resolution states that the legislation should contain the following three provisions, 

  1. That a person (a “petitioner”) with documented evidence that another person (a “respondent”) poses a serious threat to himself or herself or others may petition a court for an order temporarily suspending the respondent’s possession of a firearm or ammunition; 
  2. That there shall be a verifiable procedure to ensure the surrender of firearms and ammunition pursuant to the court order; and
  3. That the issuance of the gun violence restraining order shall be reported to appropriate state or federal databases in order to prevent respondent from passing a background check required to purchase a firearm or obtain a firearm license or permit while [the] restraining order is in effect.

The ABA resolution contains no provisions or language meant to secure, or even acknowledge, the rights of the target of a gun violence restraining order.

According to a report from the ABA Journal, there were some opposed to the adoption of Resolution 118B. Former chair of the ABA Section of Individual Rights & Responsibilities Peter Langrock opposed the measure, stating, “I’m here because I’m a lawyer and I believe in the Constitution.” Further explaining his position, Langrock noted that gun violence restraining orders could implicate the First Amendment, as the orders could be used to strip a person of their rights based on speech. Moreover, Langrock pointed to the resolution’s significant implication for due process rights. In an encouraging sign for the future, ABA’s Law Student Division also registered their dissent.

Other ABA Annual Meeting attendees brushed off these legitimate concerns. Estelle Rogers, an executive committee member of the ABA’s woefully misnamed Section of Civil Rights and Social Justice, referred to this diminution of due process and Second Amendment rights as “a modest common-sense reform.”  Ms. Rogers would do well for herself and the profession to review the case law regarding the numerous abuses of constitutional rights taken under the banner of “modest” and “common-sense” reforms.

The 2016 compilation of legislative policies of the ABA includes a raft of gun control proposals. In it, the ABA advocates for outmoded gun control measures, such as limits on the sale and possession of affordable handguns and waiting periods. The organization also supports a ban on commonly-owned semi-automatic firearms, a ban on .50-caliber rifles, gun owner licensing, and legislation to make flawed microstamping technology mandatory.

The organization often uses the ABA Journal, which it contends is “read by half of the nation’s 1 million lawyers every month,” to push these policies. In 1990, the journal featured a column by ABA President L. Stanley Chauvin Jr. that advocated on behalf of a semi-auto ban. Worse, when addressing the potential Second Amendment implications of such legislation, the ABA president rejected any notion that the Second Amendment protected an individual right. Chauvin contended,

If the framers of the Constitution had intended the arms language to be a personal right, we might rhetorically ask why they did not list it with the others in the First Amendment. The Answer is simple: The framers did not want it there, and did not intend for it to be there.

Further, the ABA has routinely collaborated with a who’s who of gun control activists. The 1990 ABA Annual Meeting featured an address by Handgun Control, Inc.’s Sarah Brady. In 1994, the ABA joined the Joyce Foundation (who is a major source of funding for the handgun prohibitionist organization Violence Policy Center) to put on the National Conference on Gun Violence, which featured an appearance by the Bradys and several Clinton Administration officials.

Despite the ABA’s more than 50-year history of gun control advocacy, Resolution 118B stands out as notably pernicious. The organization has never respected Second Amendment rights, but in order to endorse this resolution the ABA necessarily disregarded constitutionally guaranteed due process protections; something the group purports to cherish and that is a cornerstone of our system of government. The House of Delegates’ actions suggest that when it comes to ABA policymaking, all rights are subservient to the group’s anti-gun bias.

 

 

TRENDING NOW
Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

News  

Monday, May 5, 2025

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

On April 30, Sen. Adam Schiff (D-Calif.) introduced the so-called “Assault Weapons Ban of 2025.” Picking up where his predecessor Dianne Feinstein left off, Schiff’s legislation would ban commonly-owned semi-automatic firearms, such as the AR-15.

Partisan Due Process Renaissance Excludes American Gun Owners

News  

Monday, May 5, 2025

Partisan Due Process Renaissance Excludes American Gun Owners

An observer of American political discourse can’t go anywhere these days without being bombarded by reproachful references to the importance of “due process.”

Kansas Supreme Court Enforces PLCAA in High Profile Case

News  

Monday, May 5, 2025

Kansas Supreme Court Enforces PLCAA in High Profile Case

Last week, the Kansas Supreme Court upheld a significant district court dismissal in Johnson v. Bass Pro Outdoor World, LLC, deciding that Bass Pro Outdoor World and Beretta USA/Beretta Italy cannot be sued by a man who ...

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

News  

Monday, May 5, 2025

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

It has, in theory, always been the sworn duty of the U.S. Department of Justice (DOJ) to uphold the constitutional rights of American citizens and to affirmatively protect fundamental liberties. 

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

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 ...

I’d Like a McHurry, Please, with a Side of No Time to Spare

News  

Monday, May 5, 2025

I’d Like a McHurry, Please, with a Side of No Time to Spare

Market research indicates that most adults (42%) who eat at McDonald’s and similar fast-food restaurants expect to receive their food within a maximum of five minutes after ordering, while for seven percent of respondents, the “fast” in ...

Rep. Sheri Biggs Introduces Bill to Ease Shotgun Purchases

News  

Thursday, May 1, 2025

Rep. Sheri Biggs Introduces Bill to Ease Shotgun Purchases

On April 28, 2025, Representative Sheri Biggs (R-SC-03) reintroduced the No Frivolous Applications for Short-Barreled Shotguns (NFA SBS) Act (H.R. 3034). This legislation removes short-barreled shotguns from the National Firearms Act so that they will be treated ...

Illinois Appellate Court Upholds FOID Act in NRA-Backed Challenge

Thursday, May 1, 2025

Illinois Appellate Court Upholds FOID Act in NRA-Backed Challenge

Under the Firearm Owners Identification Card Act (FOID Act), Illinois requires a license and imposes fees to acquire and possess firearms.

Rep. Sheri Biggs Introduces Legislation to Ensure Ability to Ship Firearms

News  

Thursday, May 1, 2025

Rep. Sheri Biggs Introduces Legislation to Ensure Ability to Ship Firearms

On April 28, 2025, Representative Sheri Biggs (R-SC-03) introduced the Protecting the Mailing of Firearms Act (H.R. 3033). This legislation will remove the arbitrary prohibition on the mailing of handguns and ammunition via the United States Postal ...

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.