Explore The NRA Universe Of Websites

Trump Administration, Other Pro-Gun Heavyweights Lend Support on Pending Supreme Court Case

Friday, May 17, 2019

Trump Administration, Other Pro-Gun Heavyweights Lend Support on Pending Supreme Court Case

As NRA-ILA Executive Director Chris W. Cox reported in March, the U.S. Supreme Court has taken up a challenge by an NRA state affiliate to a New York City gun control scheme that effectively prohibits lawfully licensed handgun owners from leaving the city with their own firearms. The plaintiffs in the case have raised a number of objections to the regime, the foremost of which is that it violates the Second Amendment. The case is New York State Rifle and Pistol Association v. New York City.

Given the uniquely oppressive and bizarre nature of the challenged restrictions, many observers believe the real question in the case isn’t whether New York City will lose but on what grounds and how badly. The City itself, in fact, recently made a desperate attempt to avoid a ruling on its laws by claiming to the court that it was in the process of revising the regulations to address the issues raised in the case. The court rejected that gambit, and proceedings in the case have continued, with a number of stakeholders filing friend of the court (amicus curiae) briefs this week to help inform the justices’ deliberations.

Chief among them was none other than the Trump administration, with the Department of Justice (DOJ) filing a brief in support of the plaintiffs. The DOJ offered two possible bases for finding New York City’s regulations unconstitutional, including that the “transport ban infringes the right to keep and bear arms guaranteed by the Second and Fourteenth Amendments.”

The government’s brief offers the most detailed account to date of how the Trump administration views the Second Amendment. Critically, it makes clear that the Second Amendment does not end at the property line of one’s own home.

“The Second Amendment guarantees both the right to ‘keep’ and the right to ‘bear’ firearms,” the brief states. “Read naturally, the right to ‘bear’ firearms includes the right to transport firearms outside the home; otherwise, the right to ‘bear’ would add nothing to the right to ‘keep.’”

The administration also seeks to establish a method for resolving future cases that is faithful to the Supreme Court’s opinion in District of Columbia v. Heller, which has been largely ignored by lower courts. The Second Circuit Court of Appeals decision being challenged in the New York City case, like many other lower court Second Amendment decisions before it, used a judicial balancing test that Heller specifically rejected to uphold the disputed gun control measures.

The government’s brief, on the other hand, urges the court to “look first to the text of the Second Amendment, the history of the right to keep and bear arms before ratification, and the tradition of gun regulation after ratification” to judge the validity of a gun control law.

Applying this test to New York City’s travel ban, it states:

Few laws in the history of our Nation, or even in contemporary times, have come close to such a sweeping prohibition on the transportation of arms. And on some of the rare occasions in the 19th and 20th centuries when state and local governments have adopted such prohibitions, state courts have struck them down. That is enough to establish that the transport ban is unconstitutional.

Also filing in support of the plaintiffs was a coalition of pro-gun states led by Louisiana and including Alabama, Alaska, Arizona, Arkansas, Florida, Georgie, Idaho, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. Like the DOJ’s brief, the states’ brief urges the Supreme Court to use text, history, and tradition to find that New York City’s travel ban violates the Second and Fourteenth Amendment.

Alternatively, the states’ brief argues, if the court should adopt the Second Circuit’s approach to applying a tiered level of scrutiny, it should subject the law to a rigorously applied heighted scrutiny. “New York City could not possibly meet such scrutiny here,” the brief concludes.

One hundred and twenty pro-gun members of Congress, led by Bradley Byrne (R-Ala.), urged the court to rule in favor of the plaintiffs as well. Emphasizing that “[t]he Second Amendment enshrines the fundamental right of citizens to protect themselves from violence and tyranny,” the congressional brief joined the chorus criticizing the dismissive treatment the Second Amendment has received in the lower courts.

“This case,” according to that brief, “is a quintessential example of how courts of appeals have treated the right to keep and bear arms as a second-class right by not reviewing regulations infringing on the right with any meaningful scrutiny.” It then argues that whether the court applies text, history, or tradition or a suitably stringent level of scrutiny, the challenged New York City regime must fail.

The NRA weighed in on the case with an amicus brief of our own. That brief amplifies the arguments of the government, the states, and the pro-gun members of Congress. It points out that “[i[n the decade since [Heller] was handed down, most lower federal courts have openly flouted [the Supreme Court’s] instructions” on how to resolve Second Amendment cases.

It goes on to state that “because Respondents’ transport ban restricts both the right to keep and to bear arms, and because it is unsupported by any even remotely analogous restriction historically accepted by the People as consistent with the Second Amendment, this Court should strike it down categorically, like in Heller, without resorting to the interest-balancing ‘tiers of scrutiny.’”

Tellingly, even certain well-known gun control groups – including the Giffords Law Center and the Brady Campaign – filed briefs that made no attempt to argue that New York City’s travel ban survives Second Amendment scrutiny. Rather, their briefs merely urge the court to rule narrowly in the case and in a way that preserves ample leeway for states and localities to continue to regulate firearms.

This case illustrates what the legacy media and other anti-gun interests are hoping gun owners ignore: that the election of President Trump, his appointments to the U.S. Supreme Court, and the work of the National Rifle Association all continue to play a vital role in preserving the right to keep and bear arms.

 

TRENDING NOW
California: Bill to Restrict Self Defense Rights Introduced in Legislature

Friday, February 28, 2025

California: Bill to Restrict Self Defense Rights Introduced in Legislature

The California legislative session is currently underway and anti-gun lawmakers are once again wrongly focusing on law-abiding citizens instead of focusing on actual criminals.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York’s “Concealed Carry Improvement Act”

Wednesday, February 26, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York’s “Concealed Carry Improvement Act”

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to hear a challenge to New York’s “Concealed Carry Improvement Act.”

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Report: Notorious NYPD License Division Drags its Feet on Bruen Compliance

News  

Monday, March 3, 2025

Report: Notorious NYPD License Division Drags its Feet on Bruen Compliance

Following its landmark loss at the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen (2022), which made clear law-abiding citizens have a right to bear arms outside the home for self-defense, New ...

Maine: Progressive Lawmaker Believes There Are No Deer in Northern Maine.

News  

Wednesday, March 5, 2025

Maine: Progressive Lawmaker Believes There Are No Deer in Northern Maine.

This week, extreme anti-hunting lawmakers testified to restrict coyote hunting in Maine.

Washington: Gun-Free Zone Bill Passes Senate

Thursday, March 6, 2025

Washington: Gun-Free Zone Bill Passes Senate

On Wednesday, March 5th, Senate Bill 5098 was passed on the Senate floor by a vote of 28-21. It will now be transmitted to the House for consideration.

New York Town Bans Gun Stores

News  

Monday, March 3, 2025

New York Town Bans Gun Stores

For far too long, the Second Amendment could be referred to as the Rodney Dangerfield of the Bill of Rights.  Within many circles of so-called civil rights advocates, it simply got no respect.  

New Mexico: Semi-Auto Ban Legislation Held Over in Committee Until Friday

Thursday, March 6, 2025

New Mexico: Semi-Auto Ban Legislation Held Over in Committee Until Friday

Yesterday the New Mexico Senate Judiciary Committee met to continue discussions on Senate Bill 279 (GoSAFE). The author did not accept the committee substitute to amend the near all-encompassing ban on semi-auto firearms with equally ...

CPRC: The Many Ways Concealed Carry Permitees Enhance Public Safety

News  

Monday, March 3, 2025

CPRC: The Many Ways Concealed Carry Permitees Enhance Public Safety

Amid the push for national concealed carry reciprocity legislation, gun control opponents continue to insist that concealed carrying has no public safety benefits and that lawfully armed civilians simply escalate the risk to first responders and others ...

New Mexico: Anti-Gun Extremists Introduce Sweeping Gun Ban

Wednesday, February 5, 2025

New Mexico: Anti-Gun Extremists Introduce Sweeping Gun Ban

As they have tried in the past, anti-gun radicals in the New Mexico Senate have introduced Senate Bill 279, the "GOSAFE Act," a near all-encompassing ban on semi-automatic and NFA firearms.

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.