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
Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

News  

Monday, October 5, 2026

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

Americans have willingly, and sometimes unwillingly, surrounded themselves with technology that watches, listens, records, and remembers. Cars know how and where we drive. Phones track just about everything in our daily routines. 

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

News  

Monday, October 5, 2026

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

It’s often been said that gun control is really about people control. Understanding this, the megalomania gun control advocates exhibit in their never-ending pursuit to control others displays a zealotry often associated with religious fundamentalism.

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

News  

Monday, October 5, 2026

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

While the state of Missouri is considered a pro-Second Amendment state—including having Constitutional Carry—the City of St. Louis has a tendency to try to go its own way on the matter. The recent case of ...

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

News  

Monday, September 28, 2026

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

Jay Jones, the anti-gun but pro-bullets to the head Virginia attorney general, announced on September 15 the creation of the Firearms Accountability & Industry Responsibility (FAIR) Unit within the Civil and Criminal Justice & Public ...

The New Battleground for Second Amendment Rights: Global Online Content

News  

Monday, October 5, 2026

The New Battleground for Second Amendment Rights: Global Online Content

Artificial intelligence (AI) chatbots – computer programs on websites, messaging apps, and social media platforms designed to simulate human conversation through text or voice – are now ubiquitous. Asked how widespread AI usage is, a ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 1, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, joined by the Firearms Policy Coalition and Second Amendment Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on firearms ...

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

News  

Monday, September 28, 2026

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

In spite of some countries deciding they cannot trust their own citizens with firearms, other countries seem to be rejecting this policy…at least a bit.  

California: Newsom Takes One Last Shot at the Second Amendment as Governor

Monday, September 28, 2026

California: Newsom Takes One Last Shot at the Second Amendment as Governor

On Saturday, Governor Gavin Newsom inked his signature to six anti-gun bills, continuing his attack on law-abiding gun owners as he closes his final months as the Governor of California. Since taking office in 2019, ...

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

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.