GOA to SCOTUS: Don’t “Balance” the 2A with Gun Control

Opinion By Jordan Stein
Editors Note; The case NYSRPA v. New York City is backed by the NRA in corrdination with the New York State Rifle & Pistol Association.

Bill de Blasio, Mayor of New York City
Bill de Blasio, Mayor of New York City, the defendant in the case NYSRPA v. New York City.

USA – (AmmoLand.com)- Gun Owners Foundation and Gun Owners of America have filed an amicus brief before the Supreme Court in NYSRPA v. New York City.

New York is known for its onerous gun control, like a so-called “assault weapon” ban and universal background checks. However, New York City ramps up the infringement of the Second Amendment to a whole new level.

Consider that to own a firearm in New York City, one must have a license from the police commissioner.

The city grants two types of gun licenses — one for “carry,” another for possessing a firearm on one’s “premises.” It is virtually impossible for the average citizen to obtain a “carry” license, as they are only given to the rich and influential. However, the “premises” license provides hardly any more relief.

If one obtained a “premises” license, he or she is prohibited from removing the handgun from the listed address, unless it is to take it to an “authorized” range or state “authorized” hunting location.

Clearly, beyond the many Second Amendment infringements, these policies create practical problems for honest gun owners. Consider that one with a “premises” license cannot even transport the firearm to a shooting event or a second home outside the city.

And when these regulations were challenged, the Carter-appointed judge upheld the restrictions, using mental gymnastics to claim that “nothing in the Second Amendment requires municipalities or states to allow citizens to transport their firearms.”

When this case was petitioned to the Supreme Court, Gun Owners of America and Gun Owners Foundation filed an amicus brief, urging America’s highest court to hear the case. And now for the first time since the almost decade-old Heller and McDonald decisions, the Supreme Court agreed to hear a Second Amendment case.

GOA and GOF are continuing to support this [NRA sponsored] case by submitting another amicus brief in the appeal to SCOTUS. In fact, the brief makes the case that the lower courts cannot continue to try to “balance” the right to keep and bear arms with alleged “public safety.”

As stated in the brief:

In deciding this case, [the Supreme] Court should not ask to what degree Second Amendment rights have been infringed, but rather whether they have been infringed at all. If they have, the Second Amendment makes the decision an easy one… [A]ny policy making or interest balancing that may be required has already been done — by the People — in their ratification of the Second Amendment. This Court’s task, then, is a simple one — to enforce that mandate from the People.

GOA and GOF are optimistic that this case will provide much-needed relief to New Yorkers and those “living behind enemies lines” in anti-gun states.

Gun Owners Of America Jordan Stein is the Director of Communications for Gun Owners of America (GOA), a grassroots organization representing more than 2 million gun owners. He can be followed on Twitter at @jordankstein.

  • 77 thoughts on “GOA to SCOTUS: Don’t “Balance” the 2A with Gun Control

    1. The Second Amendment is NOT a government “allowance” of a gun – it is a RIGHT to the CAPABILITY of American citizens being enabled, through ownership of EFFECTIVE firearms, to DEFEND THEIR FREEDOMS! All guns do not ENABLE THE CAPABILITY intended in the
      Second Amendment.
      Outlawing semi-automatic AR15 type rifles and standard full capacity magazines is NOT a “reasonable compromise” – IT IS THE ENDGAME!
      It is the difference between an effectively armed citizenry that possesses the capability to defend it’s freedoms – and a citizenry restricted by law to low capacity sporting arms that NO LONGER possesses the capability to defend it’s freedoms!
      In effect, what the Second Amendment says, is that, should a rogue totalitarian political party rise to power, it can NOT implement “Australian type” restrictions on gun ownership, outlawing the very firearms that enable the CAPABILITY it intends. The Second Amendment is our PROTECTION against that political party, through force, there is NO ROOM FOR SURRENDERING FIREARMS TO THAT POLITICAL PARTY! The atrocities always begin AFTER the firearms are taken. The Second Amendment is a balance of POWER – outlawing AR15 type semi-automatic rifles and standard full capacity magazines tips the balance DECIDEDLY to government superiority.
      Licensing and/or registration does NOTHING but FACILITATE CONFISCATION!


      Proud Member:

    2. In Australia there is no Second Amendment – politicians are free to outlaw classes of firearms that they label “ASSAULT WEAPONS” which is any and every firearm and standard full capacity magazine that they deem to be “TOO DANGEROUS” for citizen ownership.

      In the USA we have a constitutional right – THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED. IT IS THE LAW OF THE LAND! – It means that politicians are free to outlaw classes of firearms that they label “ASSAULT WEAPONS” which is any and every firearm and standard full capacity magazine that they deem to be “TOO DANGEROUS” for citizen ownership. (In states controlled by progressive socialist traitors to the constitution and at the federal level of government if they are elected to power . . . BECAUSE THE SECOND AMENDMENT IS NOT AN “UNLIMITED” RIGHT)

      Roe vs Wade somehow translates to:

      The Second Amendment is not a government granted privilege that leaves American Gun Owners sitting around waiting for the government to define what it is willing to “ALLOW” us. Whether it is a state government – the US congress – OR THE SUPREME COURT – The Second Amendment is a POWER THROUGH ARMS for American citizens to ENFORCE the keeping of their arms that is right now being exercised through MASS NON-COMPLIANCE to firearm and magazine bans in progressive states across the nation.
      NY SAFE Act compliance rate – 4%

    3. Ahhh. The GOA

      The No Compromise, less corrupt, and more honest option to the NRA. Way to go again, keep it up guys!

      Love the smell of freedom,
      Very glad I joined the GOA

      1. @Albert

        Something many of us have been saying when warning people who don’t understand the Constitution and want to recognize the Supreme Court as having more power than it has as per the Constiution.

        Absolute power corrupts absolutely.

        1. @Albert and Rev, You’ve said a lot in few words. I’d like to recommend “Our Lost Constitution” It spotlights on the justices, their motives, and cases where the path got bent.

          1. @Wild Bill

            Yes, I am familiar with it and have been well behind anything written by Senator Mike Lee thus far. When Our Lost Constitution was being released, I got to hear the interview Mike Lee did on TheBlaze network.

            Sharp guy, and with a little luck perhaps we can get him on the supreme court.

    4. I love the title of the article however you are forgetting one thing. The 2nd Amendment is gun control in the earliest years of this country. The only thing that it doesn’t state is what type of gun a person can have. When people try to make the argument that we should have the AR-15 as a hunting rifle or have it for home defense I then have to explain that there is no difference than the M-4. Also when your in the Military you’re taught to shoot in one – three round burst. There is no difference between the two when Colt uses the same design for the gun. Some weapons were designed for killing and guns like the AR-15 was originally designed for military and law enforcement applications and was never allowed in the US Public. We needed comprehensive gun control and the NRA needs to get out of this because majority Americans that Independents, Republicans and Democrats all agree to this. 90% of Americans have spoken and people need to listen.

      1. Ok first off, I’d like you to cite your stats, throwing out numbers like “90%” of Americans agree with you is just pure nonsense. Secondly, any opinion regarding the second amendment has to recognize it’s purpose. Gun control advocates avoid this like the plague. The 2nd amendment was designed to allow citizens to protect themselves against government tyranny. Period. Forget hunting and sport shooting and even self home defense. You better recognize.

        1. [It goes without saying, as we have all just lived through a war against the British Empire, that a government controlled militia can pose a danger to the general populace. However,] A well regulated Militia, being necessary to the security [from foreign invasion] of a free State, [must exist. Therefore,] the right of the people to keep and bear Arms, shall not be infringed [so that very Militia cannot be used against them].

      2. Sir there is a LOT of difference between a AR 15 and a M-4. The M-4 is a FULLY AUTOMATIC firearm meaning you hold down the trigger and you empty the magazine. The AR-15 is a single shot for a single pull of the trigger. A semi-automatic firearm. As far as a lethal killing machine goes, a 556 bullet is not what the average knowledgeable military trained or even civilian would choose. The military chose it because most engagements are under 200 meters AND you can carry about twice the ammo verses carrying 762 x 51 (308) ammo. The hype the gun control lobby presents is just a bunch of bull$^!t. More people were murdered with hammers than long guns, including AR-15 type rifles, in America last year. Didn’t know that? Look it up. That includes murders, hunting accidents and other mishaps. Think about that for a while. Just because a gun LOOKS scary doesn’t make it any more or less dangerous. I would be willing to bet there are cases out there where the very sight of one was enough to deter some want to be bad guy or jihadi. That is respect, not fear. Look up the murder rates in most any city/state that has strict gun control and compare them with murder rates in the worst of the wild west cities and you will find it is a LOT more dangerous these days. Back then everyone carried and everyone knew it. Life was more respectful that way.

        Another set of facts are that most mass shootings are done in 4 min. The average police response time to arrive on site is 9 min. That is just to get there not to stop the trouble. The worst mass shooting in America happened in Las Vegas two years ago. From the first round fired to the last round the bad guys (yes that is plural) fired took ten min. The breach of the door occurred just over an hour AFTER the shooting stopped. When seconds count, the police are just min’s away. Also, at least here in Az. the police are not required by law to stand and defend the public. So, reality is we, the common citizens of America, are responsible for our own safety. More often than not by a long shot, the police are there to clean up and to document the mess, not stop it. They know how to make things safe AFTERWARD and they know how to work resources like E.M.S. and fire. If having a “scary” gun slung over my shoulder makes one bad guy reconsider his life expectancy then it is a win for the good guys even if there were no rounds sent.

        Nobody, NOBODY has the right to tell Americans what or what they may not possess and or carry as far as firearms are concerned. The second amendment is clear: The right of the people to keep and bear arms SHALL NOT BE INFRINGED. Any law that would propose delaying or disarming Americans that RIGHT, no matter what they may carry is null and void. Those who would propose, enact or enforce any law that would delay or prevent ones right to keep and bear arms are committing treason. Not only that, they are legally culpable for those people who were wounded or killed because they were denied their GOD given and constitutionally protected right to keep and bear arms. This makes them accomplices to murder, assault with a deadly weapon etc. You can bet, some ambulance chasing lawyer is going to clue into this sometime soon. There is mandatory jail time for any of these crimes. There is a price for treason also. Last I checked, it is death.

        Don’t even get me started on gun free (easy kill/high body count) zones friend.

        Arm up, carry on.

        This nation, wither you believe it or not is founded upon Judeo/Christian principals. As far as to what the LORD says about being armed, you might want to start with Luke 22:36 A sword was the assault weapon of that day. Tat directly translates to todays world. So the next time some poor ding bat says “turn the all in” you might want to remember what the LORD HIMSELF said. Further, this nation got her start when the British marched on Concord in an effort to deprive their SUBJECTS of the ability to fight back against government “overreach” That is how, why and when the war for freedom and independence got started I suspect the same kind of thing will happen here should the government continue to look upon it’s citizens as subjects and stop it’s overreach. Government is supposed to exist to promote and guarantee the rights and freedoms of the people. Many times, those elected into office do so to line their wallets, their status and power instead of honoring the oath they take.

          1. My question is, why so much focus on one particular type of gun? Every person who opposses guns, even in the slightest, references the AR-15. How did this become the de-facto weapon of choice? The average hunting rifle is way more powerful. An AR-15 chambered in 223 is easily out gunned by a 12 gauge, especially if we are talking like a Mossberg pump. I was at the gun range the other day and I was unbeknownst to me they were having a demo/meet-n-great with a local SWAT team. They had their APC and bevy of weapons out and all the gadgets. I asked about their ARs they had tucked away still in the APC and both officers chuckled a little bit and one responded “those are our little 556 setups but we never use those. Let me show you these laser’d tactical shotguns we use to clear structures”. That was Fort Worth PD SWAT so not some backwoods department

            1. The AR platform basically comes in every caliber that exists with varying magazine capacities determined by cartridge size. While that may not have been the case when it was first introduced, it had been true for over 15 years now. While I only own a fraction of the calibers available, I have them in:

              450 Bushmaster/11.5x43mm

              To say the AR platform is not “well suited” for any particular use is totally absurd due to the scalability and customization available. It’s great for training children to shoot, home defense, small game hunting, large game hunting, and (dare I say) civil defense.

            2. @TANK, I believe that the AR-15, because it looks like the M-16, is a symbol that will get the enemies of the Constitution to a precedent. Then the precedent can be applied to all other firearms, archery, blades, etc.
              Those who hate our Constitutional Republic should not fear my gun. They should fear my lawn mower gas can.

        1. Thank you, Deplorable Bill. Every thing you said is “right on”. Military Guy is only military in his own feeble mind. Nothing he says is correct. On that bit about ” the police are not required by law to stand and defend the public”, that is not just AZ. That is the entire USA. The Supreme Court has made that ruling on several cases where people wanted to hold police responsible for not saving a specific individuals life. It is NOT the job of police to prevent the death or great bodily harm of any individual. Police are not body guards. Their job is to keep the general peace and to investigate, find and arrest those who commit crimes.

          Any politician who introduces or supports a bill that is contrary to the Constitution should be immediately removed from office for violating their oath of office. THAT is a law I could get behind. What we have is a huge bunch of politicians who swear an oath to protect and defend the Constitution against all enemies: both foreign and domestic and then immediately violate that oath because they never bothered to read that document and have no intention of letting it get in the way of their gaining power.

      3. “The 2nd Amendment is gun control in the earliest years of this country” is false statement. There is nothing in the Bill of Rights put there to limit the People. Instead, the Bill of Rights was drafted and ratified by the People with the sole purpose of limiting government. So, when the 2A says “the right of the people to keep and bear arms shall not be infringed” that is a restriction on what government can do and they’ve already way overstepped their bounds.

        I hope you will go back and actually read the Constitution and Bill of Rights as well as other documents written by our Founding Fathers. Perhaps you will find where our rights actually come from.

        The rest of your statement went downhill from the hole you started in. The AR-15 has always been available to civilians. Even the original licensed manufacturer, Colt, produced and sold a civilian model.

        Your argument about certain guns being designed for military could be applied to the Brown Bess and other muzzle loaders of the day. Yet they were in civilian hands when the Bill of Rights was written. So again, argument disproven.

        90% have spoken for gun control – please! Not even close. Perhaps 90% of liberal media outlets and their followers, but, not 90% of U.S. citizens.

      4. What a stupid premise. From your first word to your last, you prove that you are either stupid of a liberal, gun control shill.

        The Constitution(INCLUDING and ESPECIALLY the 2nd Amendment) had nothing to do with GUN control and everything to do with GOVERNMENT control. The import of every listed freedom is not to grant those freedoms but rather to PROTECT them from the government. The founding fathers had just faced tyranny from the government they had rebelled against. They were not about to create another tyranny.

        The AR15 is a semi automatic, the M4 is fully automatic. Neither of them fire an optimal hunting or killing round. When the Army adopted the 5.56 round, the goal of shooting the enemy was to wound him creating a need to medical attention that would remove not just the injured from combat but at least one other to provide first aid and relocate the wounded. They don’t teach this any more but when I was in basic training in the early 1980’s this was one of many things we were taught.

        There is only ONE “gun law” in the United States that passes the requisite Constitutional Test…. THE 2nd Amendment. NO state laws are constitutional. NO local laws, ordinances or policies are Constitutional. And the NFA of 1934 and ALL other federal laws limited or requiring the licensing of firearms are Constitutional.

        The 10th Amendment states : The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.

        The corollary to this is that the powers that ARE delegated to the United States by the constitution ARE prohibited to the states and people. Thus the RIGHT to keep and bear arms is the SOLE province of the Federal government as delegated by the 2nd Amendment.

        And the 2nd Amendment is specific in it’s statement that the right of the people to keep and bear arms SHALL NOT BE INFRINGED. Every letter of the NFA and all subsequent “laws” is an infringement.

        There is only ONE law, regarding the keeping and bearing of arms that is Constitutional in the United States. THE 2nd Amendment.

        1. “And the NFA of 1934 and ALL other federal laws limited or requiring the licensing of firearms are Constitutional.”

          NONE of the other federal laws limiting or… Oops.

      5. The 2nd Amendment says the people keep and bear arms, it doesn’t say except for mean looking arms or except for military arms. In fact when you look at the times it specifically includes military arms. The only question is does it cover crew served arms.

        1. At the time the Bill of Rights was ratified, it was common for citizens to own cannon. That should answer your question. YES, the 2nd Amendment covers crew served arms. Any man who owned ships used to transport goods across an ocean had to own cannon to protect the freight from pirates.

      6. Military Guy, you need to go back and relearn your firearm history. The AR-15 was designed for and sold on the civilian market before the military started looking at it and later modified it to a military grade weapon as the M-16 a select fire capable Assault rifle. The M4 is the same. The fact that we trained to use these weapons primarily in semi-auto mode does not make them identical to the AR-15. The AR is a civilian grade weapon that has never had select fire capability.

        Second the 2nd Amendment was not gun control. It stated clearly that the right to keep and bear ARMS shall not be infringed. Arms did not specify any weapon types or grades, it ranged from civilian owned Cannon and privateer ships to long rifles, muskets, pistols, swords and any other type of arm and it includes ammo.

        Simply put, you really need to go back to school on this. You are sadly mistaken in your every point. We do not need comprehensive gun control. The only control needed is the already existing laws that punish for misuse that causes harm to others.

        Finally Americans haven’t spoken 90% in favor of anything. Stop pulling made up stats out of thin air.

      7. @Military Guy

        Since Green Watch Dog is no longer here, I see you are claiming his “King of the idiots” crown.

        “I love the title of the article however you are forgetting one thing. The 2nd Amendment is gun control in the earliest years of this country.”

        Ok first of all, the second Amendment is not a Gun Control bill, and never has been at any point in history. What it was when it was ratified in 1791 was a restriction, a prohibition against all levels of Government from creating laws designed to interfere with, control, or limit individual ownership and use of Arms. The Right that it stated was prohibited from such infringement was written as a pre-existing Right, and therefore under the Limited powers given to government by the Constitution the Second Amendment any authority to control arms has been permanently removed from the sphere of elected officials as Sam and others have pointed out. And since I’m doing this as a short form version of their responses, I will also point out that due to the Supremacy Clause Municipalities and States are barred from infringing as well.

      8. IAt the time the Second Amendment was written, citizens were armed as well as, if not better than the military. That was its intent. Technology changes, the Constitution does not. It was written in so that the likes of you could never strip people of a right that they were born with. The right to self defense is a human right. Whether it be from a thug or a tyrannical government. You cited support of moderates. First th Constitution was written to defend the rights of Citizens of our Republic against even the tyranny of the majority. Which is a democracy.

      9. It does not matter in the least what 100% of the people want – RIGHTS are non-negotiable and exist outside of the sphere of public opinion and influence. MY rights (ANY of them) are NOT up for discussion, barter or oppression by tyrants. Tyrants are perfectly eligible for hanging, etc., without discussion on the matter; opinions don’t count there, either.

        Weapons bans of any kind are illegal (see Verdugo-Urquidez decision).

        We, the people, ARE the militia that is spoken and we are required to possess and be skilled with the types of arms that are currently in military use at any point in time and that these weapons are to be provided by ourselves (meaning that WE OWN THEM). Part of U.S. v Miller (1939) – which erroneously allowed the restrictions on machine guns and short-barreled, or sawed-off, shotguns to stand – states that, the people being the militia, they were “. . . expected to appear bearing arms provided by themselves and of the kind in common use at the time.” You only fool and make a fool of yourselves when you make such an asinine comment along the lines of, “the 2nd Amendment only applies to muskets” or “they couldn’t have imagined the weapons like AR-15s that we have today.” Actually, a crude semi-auto had been produced prior to the Constitution being written. Benjamin Franklin wrote a letter to George Washington in 1777 making reference to “rapid fire muskets,” and “repeating arms.” Inventor Belton wrote to Congress on April 11, 1777, “I have discovered an improvement in the use of Small Armes, wherein a common small arm, may be maid (sic) to discharge eight balls one after another, . . . in three seconds of time.” Look them up.

    5. Until theres resistance nothing will change, But police are the good guys remember, they are just doing there job when they violate your rights by going door to door enforceing the safe act!!..Todays Royal Army is called police!!.or law enforcement!!

      1. Free, the police do not go door-to-door enforcing the SAFE Act. The police do not even know who has the unregistered firearms, the reason being – they are not registered. NYS stated after that was passed that they didn’t have any way of enforcing it and had no plans to do so. They obviously cannot prosecute and imprison about one million or more of their citizens for violating that act. They don’t even have the resources to enforce all their other firearm laws that felons already violate, and of which they know many of those that are in violation of those laws and still do nothing about. California has similar issues, they know of ten of thousands that are in illegal possession of firearms, but admit they do not have the man-power, time and money to arrest and prosecute them and confiscate their firearms.

          1. That only happened because the police and national guard were going door to door to every house looking for bodies, and survivors and were thus able to ask the question. It’s wasn’t just the police, and they were going to every door.

            That said, such an action is now illegal. The Federal Katrina act was passed in 2006 outlawing using a disaster as grounds for collecting firearms or prohibiting their carry. Most states passed a similar state level Katrina Law as well.

            But that door to door was in a small area where communication between the residents was impossible due to the flooding and the authorities were going door to door with food and water, not just to seize guns.

          2. nosferatu, we are not discussing NO, and that was already ruled unconstitutional. The SAFE Act has not been ruled upon, but by its words, it is clearly unconstitutional. And as I stated, it is written that NYS admits they have no ability to enforce that act. Have you read anything to show that the police in NYS are going door-to-door confiscating arms and arresting its citizens? I can guarantee that they are not.

            1. @Heed the Call-up

              The purpose of the law is not to enforce in mass, but to target individuals slowly one at a time. Think about it this way.

              1. A family member has an argument with another they know has a firearm in violation and reports it. Instant Felony, confiscation, and theft of individual rights going forward.

              2. Another incident, or mistaken address raid finds arms not conforming to the unconstitutional law resulting in the same as point 1.

              The law isn’t meant for mass confiscation, but a slow strangulation of the Individual rights by turning law abiding good citizens into criminals via state statute.

            2. The Revelator, yes, I understand that, but I was refuting the OP’s statement that stated NYS police were doing such, which they clearly are not, cannot, and admitted that they cannot.

            3. @Heed the Call-up

              For door to door confiscation yes you are correct, they are not and cannot. But, what they are trying to achieve is piecemeal targeting. Prime examples of this have been out of state travelers coming home through New York, New Jersey, DC, Massachusetts, Connecticut…… Who having firearms from another home or purchased in another state legally, are moving, or coming back from a trip are transporting them to their final destination get stopped and arrested for violations.

              My own comment was not on what they are doing, but where they are trying to get to. Don’t forget about what happened to Mark Witaschek. The original poster wasn’t worried about “Cant” and “Aren’t” when it is said, he was commenting about later down the road when that gets thrown out the window, just like New Orleans.

              It’s why I cautioned you to remember its not about the right now, it’s about where they plan to go with it eventually, and I know you are well aware that the anti’s have a proven track record lying about what their intentions are. Please keep that in mind.

            4. Revelator, yes, I do understand that, and I do agree with you on that. I was only addressing the discussion points, trying not to expand the discussion within the thread. I am well-aware, as the rest of us that read these stories here and elsewhere, of what these anti-rights states do to individuals.

      2. So freewill, what are YOU personally going to do about it in the next couple of weeks? Big hat, no cattle just like so many others who say this stuff.

        1. Lol, another keyboard tough guy. What are YOU doing to support rights NOT given by the government? Yeah, thought so. You wimps are SO eager to give up more and more rights in the name of “safety”. PERCEIVED safety I might add, not REAL safety.
          Your family must be thrilled to have a coward such as yourself as THEIR first responder.

          1. nosferatu, you must be living in opposite world. Posters here clearly are not the wimps that you speak of, we are not giving up rights in the name of safety. We are fighting against bad bills and laws, and if you look at the progress made, we have been quite successful, 42 states have “Shall Issue” or Constitutional Carry. That did not exist 3 decades ago. Yes, there are some battles lost, but there are many battles, and many victories.

            1. @Heed, I can not agree with you more. As long as we use fun as our main weapon things will continue to go our way. There are more organizations, clubs, and gun games than ever. Armed resistance, and civil war is just a lot of sweaty, complicated, hard work.
              Blue nosed, old money, elitists used to call them “murder weapons”. No one calls them that anymore. Then east coast morality keepers tried to label them “Saturday Night Specials”. No one calls them that anymore, either. Now we call them “My Barbecue Pistol” !
              As long as we use fun and entertainment, we will continue winning hearts and minds, presidencies, and supreme court seats.

    6. “We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding “interest-balancing” approach. The very enumeration of the right takes out of the hands of government–even the Third Branch of Government–the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all. Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad. We would not apply an “interest-balancing” approach to the prohibition of a peaceful neo-Nazi march through Skokie. See National Socialist Party of America v. Skokie, 432 U. S. 43 (1977) (per curiam). The First Amendment contains the freedom-of-speech guarantee that the people ratified, which included exceptions for obscenity, libel, and disclosure of state secrets, but not for the expression of extremely unpopular and wrong-headed views. The Second Amendment is no different. Like the First, it is the very product of an interest-balancing by the people–which JUSTICE BREYER would now conduct for them anew. And whatever else it leaves to future evaluation, it surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.”

      United States Supreme Court
      No. 07-290
      Argued: March 18, 2008 Decided: June 26, 2008

        1. @ Chad, What you say is true, but Kavanaugh’s backing is deeply flawed. We take comfort in Kavanaugh’s minority dissent, when the D.C. Circuit panel’s majority upheld the District of Columbia’s ban (before the case went to the Supreme Court) on possession of most semi-automatic rifles and its registration requirement for all guns in D.C.
          Here is an excerpt from Kavanaugh’s dissent: “In Heller, the Supreme Court held that handguns – the vast majority of which today are semi-automatic – are constitutionally protected because they have not TRADITIONALLY been banned and are in common use by law-abiding citizens. There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semiautomatic rifles. Semi-automatic rifles, like semi-automatic handguns, have not TRADITIONALLY been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Moreover, semiautomatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.’s ban on them is unconstitutional. (By contrast, fully automatic weapons, also known as machine guns, have TRADITIONALLY BEEN BANNED AND MAY CONTINUE TO BE BANNED after Heller.)
          Chad see the flaws: Who is to say what is TRADITIONAL, and the Right to keep and bear arms is not based upon TRADITION. The other flaw is that Kavanaugh thinks that full auto guns have been banned. Shouldn’t a S.CT Justice actually know the law.
          PS I used all caps in the excerpt so that the illustration might be clear.

    7. Gentlemen,

      Judges are lawyers. Lawyers are a product of law schools.

      Anyone think that the same libera rot that pervades K-16 and grad school hasn’t spread through law schools? Just like conservative professors are outnumbered 100 or 1000 to 1 in regular U’s, I would imagine the same is true at law schools. After all, you hear terms like “social justice” bandied about like there were various types of justice, and some were more superior than others.

      Bottom line on this is that we’re seeing the same rot affecting America in our Judicial system as throughout society. Occasionally, people like William Barr the AG stand up and try to stop it and restore the “justice is blind” concept. Sadly, these folks are fewer and fewer. One can only hope that the current conservative trend of appointments to appeals courts and to the Supremes continues for 6 more years.

        1. @AC., I believe that was England. My question is “If Kavanaugh is to sit on the SCOTUS, then shouldn’t he be spending his time busily studying a little U.S. Constitutional law himself, rather than moonlighting to pick up spare change?”

    8. Seems like the people in these states like NY,CA you know all the communist states, nobody votes. NY race 3.5 to demorat,a little over 2.2 million for gop.Now you telling me there is only 6 million people in NY! Same goes for kalifornia,check out total votes in these states. Looks like there are a lot of lazy gop people.So if you don’t get off your asses an vote, you get what you got,really simple to deduct.

      1. Douglas,in his last election king Cuomo the second only won 14 of the 62 counties in New York state,the counties he lost were by 20 to 30 percentage points,iits not a matter of the gop not voting but more of the large urban cities controlling the entire state.

    9. Telling, is NYs attempt, once Cert was granted by the Supremes, to go back and water down it’s own restrictive (infringing) legislation, in a child’s attempt to get out of trouble, hoping the Supremes then grant their request to hold the Cert moot and dismiss. The Supremes did not drink NYs kool aide!

      The Supremes must now send a loud and clear message to the district and appellant courts, as well state legislatures, any infringement, 1%, 5% or whatever, will not be tolerated, regardless how the legislatures or lower courts twist and spin their agenda and/or opinions.

      1. @John

        You put too much faith in the Supreme Court. The Supreme Court doesn’t have powers not granted to it by the Constitution, and Judges as men are just as prone to corruption as their fellow men.

        Should they send a clear message? Yes, as long as that message is the Second Amendment and the rest of the Constitution are clear on this issue and the states, localities, and all federal authorities are prohibited from interfering. The Constitution is clear..

        Don’t, however, grant power of approval to a group of men/women who also must follow the constitution but have demonstrated a willful reluctance to do so.

    10. Seems to me that it is boiling down to the “cities” vs. the “Country “ – the large Metropolitan centers of Population now control the politics of the State.
      City folks, generally have all their needs provided for them; Police, Fire, water,
      sewer, trash collection, shopping, Etc.. whereas the Country folks are much more self sufficient ( I.e, independent) in providing those amenities for themselves. Hence, the Cities are now the “Collective “ and Country “ Individualist “. This can be seen in its fruition in Europe and the demise of their culture. I think we’re rapidly headed down the Collective road .

      1. You have stated the principle well. Cities are generally parasitic and heavily reliant on government benefits and services, while those outside of cities just want the freedom to live their lives. Rural folk are fighting a very difficult battle to keep from being steamrolled by constant, powerfully demanding urban interests and leftist activists that demand fascist conformity, having little remaining appreciation for individual freedom other than their own, and no sympathy whatever for people with needs, wishes, beliefs or values different from their own.

    11. REAL FACTS ABOUT THE Sullivan Law. Timothy Sullivan was a well known to be corrupt New York politician (most are). Committed to an insane asylum for syphilis of the brain the crazy bastard escaped and faced off against a an oncoming train–the train won. Now if we could get more of these liberal/socialist/communist Democrats to do the same…the world and our country would be much better off!

    12. You cowards make me puke.
      ALL ‘gun control laws’ are un-Constitutional. NO LAW may stand that is in contravention to the Constitution, regardless what some anti-American activist ‘judge’ may state. Were NONE of you taught this in school?
      The ONLY way to change the Constitution or limit any part of it is with a Constitutional Amendment. NO LAW may abridge the Constitution. But, cowardice most surely can.
      I watch Americans be denied large magazines, certain firearms and the cowardly American people kneel to the governmental tyranny and tolerate it. Cowardice!
      Government IS NOT YOUR MASTER! The PEOPLE created governments to be their servants, NOT their master. Americans refusing to do their Constitutional Duty has allowed government to conclude they are the rulers, your masters. It has allowed communists in government and illegals to invade.
      Remember April 19, 1775. When Americans were free and knew freedom meant the enemy pays dearly.
      If you want an AR15, get one. You want magazines & pistol grip, get them. Then stand ready to DEFEND your Rights.
      But, I digress…cowardly Americans talk tough but cowardice has you all tightly in its grip. When the federal government killed Americans at a church in Waco, you did nothing. City, state & federal governments all know you you will bow to governmental tyranny.
      “..the Right of the People to keep & bear arms shall not be infringed”. Maybe you should read what “infringed” means.

      1. You are getting where I was years ago. I fought alone so long I have given up hope of America ever recovering while the lazy right sits idle, comfortable with their beer and cigs. As long as they are left alone its all good, screw everyone else. When they came to harass others I stood up for their rights, when they came to harass me everyone stayed quite, sat at home drinking them beers and watching football.

        When they come for everyone else now, all I will say is “I told you so”. I won’t fight anymore for those who refuse to fight for the,selves, much less for anyone else. We are doomed, we are an occupied nation where the slaves are ok with less and less table scraps while they work and support our enemies who sit on welfare ;aughing at us while breeding and adding more enemies to their tribes while our own kids cannot even get any medical coverage or anything in spite of years of us working and paying in to SS and taxes and such. We cant even claim our own SS because its all being given to anyone non American and non white.

      2. I wonder what I said these NAZi’s didn’t like?

        ((Your comment is awaiting moderation. This is a preview, your comment will be visible after it has been approved.))

        You are getting where I was years ago. I fought alone so long I have given up hope of America ever recovering while the lazy right sits idle, comfortable with their beer and cigs. As long as they are left alone its all good, ((sc r w d)?) everyone else. When they came to harass others I stood up for their rights, when they came to harass me everyone stayed quite, sat at home drinking them beers and watching football.

        When they come for everyone else now, all I will say is “I told you so”. I won’t fight anymore for those who refuse to fight for themselves, much less for anyone else. We are doomed, we are an occupied nation where the ((slvaes)?) are ok with less and less table scraps while they work and support our enemies who sit on welfare laughing at us while ((bereeidng)?) and adding more enemies to their ((try bes)”) while our own kids cannot even get any medical coverage or anything in spite of years of us working and paying in to SS and taxes and such. We cant even claim our own SS because its all being given to anyone non American and non white.

        I despise sites like this that are supposedly conservative and yet censor everything and complain about the left doing the same.

      3. You are getting where I was years ago. I fought alone so long I have given up hope of America ever recovering while the lazy right sits idle, comfortable with their beer and cigs. As long as they are left alone its all good, forget everyone else. When they came to harass others I stood up for their rights, when they came to harass me everyone stayed quite, sat at home drinking them beers and watching football.

      4. Craig you should not be calling out what others have done as cowards without posting what you did about Waco, about magazine restrictions and the such. If it has made you puke then you must have stepped forward and rather than insult supporters of GOA and GOF step forward to be a leader not a divider. Post what you did and stop condemning others, we need unity not division and you are completely divisive!

      5. Kansas, it appears (pun intended) that your comments have been posted and that your ignorant rant about being censored is without merit.

        As to the stupidity of your and Craig’s rants about us sitting back and doing nothing, you couldn’t be more wrong. That is not surprising considering how wrong you are about your being censored. The moderator probably had to control laughing and get back in his/her seat before being able to post your foolish rants.

      6. As a youngster, my Granny B, a wise Grand Lady, gave lesson, “Do not pat yourself on the back, hard on your elbows”.

        Applying your self righteous diatribe, those who continue to refuse to turn in standard magazines in NJ (as just one example) “are cowards” because some self serving servants in their legislature passed laws banning same.

        You only (oops, and Kansas AU) have been the standard bearers – laughable – better get some Ben Gay for your elbows.

    13. There is no such thing as gun control. There is communist democrat gun confiscation programs, against law abiding citizens. And there is crime control, against the democrat voter base. Time to call a spade, a spade. Use correct terminology, source everything, and use no terms currently in use by main stream useful idiot, fake news, media. No such thing as democracy! Instead, the truth, a representative republic. No such thing as communist rule of law! Instead, the truth, rule of CONSTITUTIONAL law- that which we have in the United States!

      1. If we are calling spades spades, technically we only have left or right leaning Republicans and even that is splintered. (That said I have yet to see a true left or right leaning Republican or Democrat. )The right to bear arms is a peoples’ freedom right, gun control is a tyrannical governments agenda, like one under Kings rule. Republican government assume the masses are not educated enough to govern and control. Democratic rule would be more along the lines of one person one vote and the status quo controlling.

        Communism doesnt exactly come into play here. The corrupt ussr and the red scare is what we are thinking about throwing out the word Communism. Communism technically doesn’t really make sense in gun control conversations.

        But I totally agree about constitutional laws need to be the standard. Our government is chalked full of corrupt idiots as well as our mass media/news.

        1. @DI: Communism has no part in politics?? Ask the People in China, Russia, North Korea, etc. IF communism does not impact THE PEOPLE who want to be FREE. In each of these countries THOUSANDS and in some cases MILLIONS of PEOPLE were “PURGED”. THIS IS COMMUNISM. IF you have any doubts, go look up the “Georgia Stones” located in Georgia. It is VERY SPECIFIC about the ELIMINATION of BILLIONS of PEOPLE. THIS IS COMMUNISM!!!!!!!! America IS AGAINST COMMUNISM. Thus the current “DNC” / DemocRATic Nationalist Communist Party needs to be voted OUT OF ALL PUBLIC OFFICES. Look at what they are attempting to do RIGHT NOW!

          1. Look China ussr where ever are not technically Communism, it’s a corrupt dictatorship. We call them communist and they might have some communist facets but throwing all that into gun control arguments isn’t helping or technically correct. No one in the government or China or ussr is meddling in our governments/peoples gun rights . (It’s fine throwing “communist” out there like calling someone a “pig” or a “jackass” but I think that is mudding the argument. We know a person is not a “pig” when we name call but do we know some are not a Chinese nationalist when we say communist? )

            More to point, the ones seeking to take the average mans’ constitutionally protected arms rights are the ruling classes. They seek to take away gun rights of the common people, since the common people could take away the ruling classes wealth, and power. Look at what gun rights are like in the district of Columbia…

            This is the parallel our government has with the “red countries” it’s not the governmental structure that is at issue, see what I mean?

            We (pro gun rights people) can use this understanding to our advantage is to win back “Dems” that are being won over by the ruling class. We shouldn’t be having a left vs right argument, the common people are all on the same side. It’s common people vs the corrupt ruling class.

            1. @Drownling I’m, They called themselves communists, so we called them communists. Communism was, even from the beginning, just a cover story for dictatorship by elitists. I must concur with you that the political fight should be between We the People and the elitists.

            2. Thank God for the Electoral College, since 3 million more useful idiots voted for Killery than President Trump ! ALL of America’s largest cities went for Hillary- that alone should tell you something about the divisiveness in this Country.

        2. There is no such thing as gun control. The term “Gun control” is just a misleading term for communist democrat gun confiscation from law abiding citizens scam. Communism is the source of the misleading scam term, “gun control”. It is one and the same! Never use the fake news communist term again!

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