Explore The NRA Universe Of Websites

APPEARS IN News

Biden Administration Asks the U.S. Supreme Court to Judicially Nullify the Right to Bear Arms

Monday, September 27, 2021

Biden Administration Asks the U.S. Supreme Court to Judicially Nullify the Right to Bear Arms

On September 21, the Biden Administration filed an amicus brief in the pending U.S. Supreme Court case of New York Rifle & Pistol Association v. Bruen, supporting New York’s draconian and unconstitutional restrictions on the right to bear firearms in public for self-defense.

This NRA-supported challenge to New York’s “may-issue” licensing scheme for public handgun carry will be the first Second Amendment challenge to a firearm law to be considered by the high court on the merits since 2010.

New York’s law presumptively denies the right to bear arms for self-defense unless a license applicant can demonstrate a special need for self-protection that distinguishes the person from the general population.

In practice, this means the rich and well-connected can get unrestricted carry licenses but ordinary people cannot, even if they actually face a greater risk of being violently victimized while going about their daily lives in public. The law effectively nullifies for most New Yorkers what the Supreme Court has already characterized as “the individual right to possess and carry weapons in case of confrontation.”

New York’s “may-issue” scheme in fact gives authorities so much discretion that it has fostered a culture of corruption, particularly within the Licensing Division of the New York City Police Department (NYPD). There have been repeated scandals involving the NYPD Licensing Division’s application process, with “facilitators” offering gifts and bribes to licensing personnel to approve or expedite their clients’ applications. In some cases, this has resulted in the issuance of carry licenses to applicants with otherwise disqualifying criminal histories and in criminal convictions for NYPD officers. In other locales, licenses are issued by elected sheriffs, with preference given to political donors and supporters.

The entire point of the New York scheme is not simply or primarily to screen out applicants who fail to meet objective standards of responsible and law-abiding behavior. It is to give authorities complete control over who gets to exercise the right and who does not. This, of course, is wholly incompatible with the idea of a fundamental right, which exists, as the Supreme Court said in the Second Amendment context, “to take certain policy choices off the table.” If the starting point for a carry licensing scheme is presumptive denial, then there is no right at all, only a privilege administered to the favored few.

And this is absolutely fine for the Biden Administration, at least when it comes to the Second Amendment.

After all, as we’ve reported, Biden’s own son Hunter has the manifest privilege of violating with impunity various federal gun control laws the government brief insists are so necessary to protect public safety. This is in addition to his apparent immunity to other laws against things like drug possession and distribution, prostitution, and the list continues.

The government’s brief, filed under the auspices of the U.S. Department of Justice, also gives complete vindication to the NRA’s opposition to now Attorney General Merrick Garland’s nomination to the U.S. Supreme Court in 2016, when he was a federal appellate judge. Anti-gun pundits had mocked that opposition at the time, falsely claiming there was no legal basis for it, even though Garland had voted to rehear a case that had ruled an outright ban on handgun possession violated the Second Amendment. Yet, as we had explained, the only plausible reason to support such a “do-over” was that the court had come to the wrong conclusion. Why repeat something already done correctly?

Now, as AG, Garland is advocating that the U.S. Supreme Court effectively remove the right to “bear arms” from the U.S. Constitution.  The administration’s brief additionally argues for what it calls a “reasonable regulation” standard for other types of gun control and for its implementation via “intermediate scrutiny.” Activist and anti-gun courts have used this standard to uphold not just may-issue licensing schemes but sweeping bans on some of America’s most popular types of firearms and magazines.

Fortunately, the United States Senate blocked Garland’s Supreme Court appointment in 2016. Thus, while his noxious view of the Second Amendment will still be put forth before the court, he at least won’t have the opportunity to cast a vote against the right to bear arms himself, as he undoubtedly would have.

While no outcome at the Supreme Court is ever guaranteed, Second Amendment advocates should if anything be in an even stronger position this time around than during the court’s prior visitations of the Second Amendment in 2008 and 2010.

And Merrick Garland --Barack Obama’s handpicked choice to replace the legendary Justice Antonin Scalia, author of the landmark Second Amendment opinion in District of Columbia v. Heller – will have to watch from the sidelines as just another lawyer.

TRENDING NOW
Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

Wednesday, October 29, 2025

Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

In an act of political theater on Wednesday, October 22nd, the city council of St. Paul introduced a so-called "assault weapon" ban ordinance, which as written would ban the possession of popular firearms and standard ...

Trump Continues Commitment to Gun Owners

News  

Monday, October 27, 2025

Trump Continues Commitment to Gun Owners

We’ve covered the numerous ways in which President Donald Trump has used his office to defend or advance our rights protected under the Second Amendment. 

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

News  

Monday, October 27, 2025

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

The Windy City has its fair share of problems, but a lack of violent criminals isn’t one of them, as anyone who takes a moment to look through local crime news source CWB Chicago knows for a ...

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

News  

Monday, October 27, 2025

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

The idiot box has been living up to the nickname.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

NRA-ILA Files Comments on DOJ’s Relief from Disabilities Rulemaking

News  

Monday, October 27, 2025

NRA-ILA Files Comments on DOJ’s Relief from Disabilities Rulemaking

Last Monday, NRA-ILA (ILA) filed comments in response to a proposed rulemaking by the U.S. Department of Justice (DOJ) to revive the government’s “relief from disabilities” program for people categorically prohibited from acquiring or possessing firearms. 

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

Wednesday, October 29, 2025

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

On Wednesday, the Senate Local Government Committee held a public hearing to gather information on Senate Bill 822, which would strengthen the Commonwealth’s firearms preemption statute. Among other provisions, this legislation would allow membership organizations to recover litigation costs when ...

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

NRA-ILA Files Reply Brief Pressing the U.S. Supreme Court to Hear Its Challenge to the NFA’s Restrictions on Short-Barreled Rifles

Thursday, October 23, 2025

NRA-ILA Files Reply Brief Pressing the U.S. Supreme Court to Hear Its Challenge to the NFA’s Restrictions on Short-Barreled Rifles

Today, the National Rifle Association Institute for Legislative Action (NRA-ILA) filed a Reply Brief urging the U.S. Supreme Court to hear a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles in a ...

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.