Explore The NRA Universe Of Websites

APPEARS IN News

A Changing Federal Judiciary Offers Hope, but There’s Still Work to be Done

Wednesday, September 26, 2018

A Changing Federal Judiciary Offers Hope, but There’s Still Work to be Done

Since the landmark rulings in District of Columbia v. Heller and McDonald v. Chicago recognized an individual right to keep and bear arms, anti-gun state and local lawmakers have preserved existing unconstitutional schemes and continued to probe the outer reaches of their authority to restrict firearms. Enjoying the tacit or explicit approval of some federal courts, this legislative adventurism has often gone unchecked.

Frustrated gun owners are in good company. In June 2015, U.S. Supreme Court Justice Clarence Thomas wrote, “Despite the clarity with which we described the Second Amendment’s core protection for the right of self-defense, lower courts … have failed to protect it.” Later that year, Justice Samuel Alito took the federal courts of appeals to task for what he termed “noncompliance with our Second Amendment precedents.”

Sadly, these public admonishments have done little to curb lower court obstinacy.

In April, U.S. District Court for the District of Massachusetts Judge William G. Young upheld Massachusetts Attorney General Maura Healey’s unlawful interpretation of state law that resulted in a ban on commonly owned semi-automatic firearms. The judge ridiculously contended that the late Justice Antonin Scalia “would be proud” of the Bay State’s restriction. Young came to his strident conclusion despite the fact that Scalia joined a 2015 dissent from denial of certiorari in Friedman v. Highland Park, where Thomas made clear that the right to possess semi-automatic rifles is protected by the Second Amendment under Heller.

And in August, the 9th Circuit Court of Appeals upheld California’s Unsafe Handgun Act, which requires that all new models of handguns sold in the state after 2013 contain microstamping technology. The idea behind microstamping is that it will imprint a microscopic identifying code in two separate places on spent cartridge casings. The reality, however, is that this technology does not exist.

No matter. Despite Heller’s determination that the Second Amendment protects possession of those firearms “in common use for lawful purposes,” a panel of the 9th Circuit upheld the microstamping provision.

Control of the Senate is at stake in this November’s elections. If anti-gun lawmakers take the majority, they could obstruct all of Trump’s judicial nominations.

Thanks to President Donald Trump’s judicial nominees, however, there are reasons for hope.

Trump, Senate Majority Leader Mitch McConnell, R-KY., and Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, are intent on placing jurists that respect our Constitution on the federal bench. As of mid-July, Trump had successfully appointed 43 judges to the federal courts. The Pew Research Center says Trump’s 22 appeals court judges were the most of any recent president at that point in their first term.

Moreover, there is significant room for growth. As of early August, there were 151 vacancies throughout the federal courts and 84 nominations pending.

And, in nominating Judge Brett Kavanaugh to the U.S. Supreme Court, Trump has chosen a jurist with an impressive pro-Second Amendment record. In 2011, Kavanaugh employed a careful reading of Heller to determine that the District of Columbia’s ban on commonly owned semi-automatic rifles and registration regime were unconstitutional.

The nomination of a judge willing to faithfully apply the Supreme Court’s Second Amendment precedent has sent gun control advocates into a meltdown, as they fear their days of exploiting a lethargic federal judiciary could be coming to an end.

Michael Bloomberg’s Everytown for Gun Safety wailed that Kavanaugh’s respect for Heller is “dangerous.” Brady Campaign Co-President Avery Gardiner said the nomination was “pretty scary” for anti-gun advocates.

Sen. Cory Booker, D-N.J., has framed the nomination debate in moralistic terms. Two weeks after attacking Kavanaugh for his fidelity to the Second Amendment, the senator declared at a press conference that those who do not oppose the nominee are “complicit in the evil.”

Gun owners must resist taking the opposition’s hysterics as a sign of total victory, as there is still much work to be done. Control of the Senate is at stake in this November’s elections. If anti-gun lawmakers take the majority, they could obstruct all of Trump’s judicial nominations. Moreover, our opponents are sparing no expense or tactic in their attempt to stop Kavanaugh’s confirmation.

In order to continue the important progress in securing a federal judiciary that respects the Second Amendment, gun owners must contact their senators to urge their support for Kavanaugh, vote for pro-gun candidates on Nov. 6, and mobilize like-minded friends and family members to do the same. Even given the promising signs, it will require relentless determination and effort to secure consistent respect for our Second Amendment rights.

 

"Originally appeared in the August 2018 National Rifle Association Official Journal magazines" 

TRENDING NOW
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

Thursday, April 18, 2024

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

After a nearly 24-hour marathon legislative session, the Maine House and Senate finally adjourned until "Veto Day" in the coming weeks. 

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.