Explore The NRA Universe Of Websites

No Gov. Northam, Your Gun Ban is NOT Constitutional

Friday, December 13, 2019

No Gov. Northam, Your Gun Ban is NOT Constitutional

As Virginia gun owners have shown their displeasure with Virginia Gov. Ralph Northam’s proposed attack on their rights in city and county meetings across the Old Dominion, Northam has been forced to answer questions about he and gun control financier Michael Bloomberg’s gun ban agenda. In doing so, the governor has proclaimed that he supports the Second Amendment and that his gun ban does not violate the U.S. Constitution. In truth, Northam’s proposed gun ban would violate the Second Amendment as interpreted by the U.S. Supreme Court in District of Columbia v. Heller and McDonald v. Chicago.

On Monday, Northam told reporters, “I’m a supporter of the Second Amendment,” adding, “I hear people out there saying that they don’t want law enforcement to enforce unconstitutional laws. Well we’re not going to propose or pass any unconstitutional laws.”

In a Wednesday meeting with reporters, Northam offered a veiled threat to sanctuary jurisdictions that have promised to not enforce unconstitutional gun laws stating, “If we have constitutional laws on the books and law enforcement officers are not enforcing those laws on the books then there are going to be some consequences…” The governor went on to say “Any law that we pass in Richmond and the 8 pieces of legislation that I put on the table back in July - they’re constitutional, so that’s not going to be an issue.”

Northam’s allies in Richmond have proposed firearm confiscation legislation that would prohibit the sale and possession of commonly-owned semi-automatic firearms like the AR-15. The governor has stated that he intends to push legislation that would ban such firearms but grandfather possession by gun owners who register their firearms with the government.

Banning commonly-owned semi-automatic firearms under either proposal is unconstitutional. The U.S. Supreme Court has made clear that governments cannot ban these firearms as they are “in common use” for lawful purposes.

Taken alone, Justice Antonin Scalia’s opinion in Heller is enough to dispose of Northam’s comments. In the decision, Justice Scalia made clear that the types of firearms protected by the Second Amendment include those “in common use at the time” for “lawful purposes like self-defense.”

The firearms industry has estimated that Americans own more than 17.5 million semi-automatic rifles. The AR-15 is the most popular rifle in the U.S. and therefore indisputably “in common use” and protected by the Second Amendment.

Further, in the 1994 case Staples v. United States, the Supreme Court determined that semi-automatic rifles were common. The case concerned the criminal intent requirement for a conviction for possession of an unregistered machine gun. The subject of the case had argued that he was unaware that the AR-15 in his possession had been modified for automatic fire and was not simply a legal semi-automatic AR-15. In the majority opinion, Justice Clarence Thomas made clear that the mere possession of a converted AR-15 is not enough to infer intent sufficient for conviction, as some firearms are “so commonplace and generally available that we would not consider them to alert individuals to the likelihood of strict regulation.” Justice Thomas went on to write that most categories of guns, including semi-automatic rifles, “traditionally have been widely accepted as lawful possessions.”

All doubt as to whether the Supreme Court’s decisions in Heller and McDonald preclude bans on commonly-owned semi-automatic firearms was settled in 2015. That year, Justice Scalia joined Justice Thomas in a dissent from the denial of certiorari in Friedman v. Highland Park, a case concerning a local ban on commonly-owned semi-automatic firearms.

Justice Thomas explained,

Roughly five million Americans own AR-style semiautomatic rifles. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons.

Northam’s attempt to portray his Bloomberg-sponsored gun ban as constitutional is an absurd and transparent attempt to forestall the surging Virginia grassroots gun rights movement. Virginia’s gun owners have every reason to take defensive action against Northam and Bloomberg’s unconstitutional gun control agenda.

All Virginia gun owners must organize to fight against unconstitutional Bloomberg-backed gun control in the Old Dominion. Please contact Gov. Northam and let him know you oppose his unconstitutional gun control measures. You can contact Northam using the Governor's Office contact form below or call his office at 804-786-2211​.

Stay tuned to www.nraila.org for updates. And, in the meantime, please sign up to volunteer to help defeat Northam and Bloomberg’s gun control legislation.

TRENDING NOW
Biden’s ATF Runs Wild in His Waning Days, Targets Second Amendment Activist

News  

Monday, January 6, 2025

Biden’s ATF Runs Wild in His Waning Days, Targets Second Amendment Activist

Joe Biden is less than three weeks away from retiring as arguably the worst president of the modern era. 

The Great Canadian Gun Grab – The End is Near?

News  

Monday, January 6, 2025

The Great Canadian Gun Grab – The End is Near?

As we noted in a previous alert, in early December Canada’s governing Liberal Party announced 324 more models and “variants” of firearms had been added to the list of banned “military grade assault weapons” initially ...

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

News  

Monday, December 23, 2024

Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

No, that is not a headline from a satirical news site. Indeed, it may come as a surprise to many (and perhaps even to the man himself), but Joe Biden has in two short days ...

Illinois: Gun Seizure Mandate Inserted Into Bill, Take Action Now!

Monday, January 6, 2025

Illinois: Gun Seizure Mandate Inserted Into Bill, Take Action Now!

Gun control advocates are taking advantage of the lame duck session to pass a gun seizure mandate with little time for public input or debate. Contact your senator using the take action button below and urge ...

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear Challenge to California Gun Show Restrictions

Friday, January 3, 2025

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear Challenge to California Gun Show Restrictions

Yesterday, the NRA filed an amicus brief urging the U.S. Supreme Court to grant certiorari in a challenge to California laws that effectively ban gun shows held on state property.

Colorado: Anti-Gun Legislators Prepare Latest Attempt at "Assault Weapon" Ban

Monday, January 6, 2025

Colorado: Anti-Gun Legislators Prepare Latest Attempt at "Assault Weapon" Ban

As the Colorado State Legislature prepares to begin the 2025 session this coming Wednesday, anti-gun legislators have already started working on a new semi-automatic firearm ban.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

News  

Monday, December 23, 2024

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

Last February, we reported on the judicial equivalent of a temper tantrum emanating from the Hawaii Supreme Court over the U.S. Supreme Court’s Second Amendment jurisprudence. 

California: 2025-2026 Legislative Session Is Now Underway!

Monday, January 6, 2025

California: 2025-2026 Legislative Session Is Now Underway!

The California Legislature has reconvened for the 2025-2026 legislative session. As in 2024, gun control advocates will continue to push their anti-gun agenda in Sacramento. Gun owners and sportsmen throughout the state must stay actively involved to defend freedom.

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.