The Heller-Caetano 1-2 Punch Is What 2A Supporters Needed ~VIDEO

Opinion

United States – -(AmmoLand.com)- Second Amendment supporters are rightly frustrated by the failure of lower courts to properly interpret the landmark Heller decision from 2008. However, a comment by United States District Judge Roger Benitez in his ruling on Miller v. Bonta could be a massive game-changer.

In that ruling, covered on Ammoland, Benitez took note of the Supreme Court’s ruling in Caetano v. Massachusetts. While many Second Amendment supporters are aware of the obvious ruling that advancing technology did not negate Second Amendment protection – much in the same way that freedom of the press covers news on cable or how the Fourth Amendment keeps the government from searching your emails and computers without a warrant – that ruling was a restatement of Heller, which stated, “Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. the United States, 533 U. S. 27, 35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.”

But Justice Samuel Alito’s concurring opinion in Caetano also set another bar, one that Second Amendment supporters fearing what Biden would do to 80 percent receivers and AR-15 pistols, should take a lot of heart from. Here’s the money quote: “While less popular than handguns, stun guns are widely owned and accepted as a legitimate means of self-defense across the country. Massachusetts’ categorical ban of such weapons, therefore, violates the Second Amendment.”

The figure to call stun guns “widely owned” was 200,000. Just how many 80 percent receivers and stabilizing braces for AR-15 pistols are out there? In all likelihood, more than 200,000 of each. That is something Second Amendment supporters can work with, especially against federal regulations in friendly circuits. Keep in mind, the Duncan case involving standard-capacity magazines – currently awaiting an en banc ruling from the Ninth Circuit – used the straightforward Heller test as to whether standard-capacity magazines are commonly used for lawful purposes.

The present composition of the Supreme Court is perhaps the most pro-Second Amendment alignment in decades. They could very well make the rulings that can halt a number of legislative and administrative assaults on our Second Amendment rights. That said, the HellerCaetano combination may not last if anti-Second Amendment extremists pack the court and there will still be the need to draft legislation to head off corporate gun control, which means that even after successful court challenges, Second Amendment supporters will need to support NRA-ILA and NRA-PVF to ensure that the anti-Second Amendment extremists who control the House, Senate, and the White House are defeated at the ballot box in the 2022 and 2024 elections.


About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics, and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.

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Wass
Wass
2 months ago

Currently, the threat to the pro 2A rulings on the Supreme Court is not the Dems hankering for expanding the number of justices, but the dragging of time it takes to bring cases for hearing.

Roland T. Gunner
Roland T. Gunner
2 months ago

Ah, Harold, that was last call for boarding; flight 762 on a 747 for Charles DeGaul, Paris.

Doug G.
Doug G.
3 months ago

Oh Harold, Why would you leave off at NRA entities when calling for support, when GOA and 2A Foundation and FPC are involved in many current cases as well? Like the Benitez ruling! By doing this you only label yourself as an NRA shill. I don’t say this out of animosity as I too am still a strong life member of the NRA. Though they are still the largest, they are not the only 2A advocacy group. For the sake of getting all gun owners contributing to such a group, if not 2 or 3, I think it would be… Read more »

American Cynic
American Cynic
3 months ago

The only organization that I belong to is the U.S. Citizenry. And the only decision I believe in was the one that took place when the 2nd Amendment was added to the U.S. Constitution. I take personal defense seriously, but the real reason I support the 2nd Amendment is for the defense of the U.S. Consititution and the Bill of Rights. A defense against tyranny is far more important than any wet dream that can be thought of by some Leftist Democrat. If the Democrats were not Leftists looking to alter the nation, I would consider some aspect of gun… Read more »

Last edited 3 months ago by American Cynic
JimmyS
JimmyS
3 months ago
Reply to  American Cynic

The government is forbidden any power to legislate the ownership, use, and possession of weapons of war. The founders understood clearly what nearly all today (including you, apparently) do not: rights are not negotiable or alienable, nor are they subject to government preview. If they were negotiable or alienable or subject to government, they wouldn’t be rights. They would be some other thing, like a preference or a hope or a privilege.

loveaduck
loveaduck
3 months ago
Reply to  JimmyS

The Founders intended civilians to have access to the same light weapons as the military.

Finnky
Finnky
3 months ago
Reply to  loveaduck

Sorry but founders intent was ready access to ALL manner of arms. Heavy weapons of the time were cannons and warships, majority of which were owned and operated by private citizens. So restriction to “light” weapons is spurious.

Roland T. Gunner
Roland T. Gunner
2 months ago
Reply to  American Cynic

I no longer consider any aspect of gun control, other than 18 to purchase. I get into heated debates wih pto 2A friends, because I do not understand how they can still support red flag laws, universal background checks, or enhancing penalties for “illegally” posessing a gun, or posessing sn “illegal” gun.

Stag
Stag
3 months ago

People worship Heller like some golden calf and they always seem to skip over that part where Alito says arms control is constitutional. Then again I wouldn’t expect anything less from Harold or any other butter/Fudd NRA supporter.

musicman44mag
musicman44mag
3 months ago

Lets shoot for and hope that is exactly what happens. I am so tired of the governor and the legislator of Hawaii saying that there should be no guns in civilian hands there..

DDS
DDS
3 months ago

Not a problem, Harold. Get rid of LaPierre and his cronies on the BoD and I’ll go back to supporting the NRA, NRA/ILA, and NRA/PVF.

Spoken as an NRA Endowment Member since before you were born.

Harold, what’s in your wallet?

Arizona
Arizona
3 months ago
Reply to  DDS

What is in Harold’s wallet? A paycheck from NRA. He is paid to plug the NRA, and does it in every single piece he writes.

The NRA negotiated our rights away, lobbying for, signing off on, supporting and even WRITING the statutes that infringe on the 2nd. F the N R A.

Commiefornia Sucks
Commiefornia Sucks
3 months ago
Reply to  Arizona

Ive only been a member since about 2016. Im not renewing this year. I belong to FPC and CRPA, as they are doing much more fighting for my rights than the NRA.

JimmyS
JimmyS
3 months ago

The NRA has never “fought” for your rights. In fact, they have never asserted the validity of the 2nd Amendment, and have supported every major federal gun law on the books. You should know the history and the actual values of the people you give your money to.

Henry Bowman
Henry Bowman
3 months ago
Reply to  Arizona

Got that right!! The embedded video is about GOA, the true no-compromise gun rights group, and yet Little Quisling Harold is compelled to plug NRA at every opportunity in spite of this. Like I said the other day, Harold is the proud owner of a very well-worn pair of official WLP kneepads. How else do you explain a third-rate hack like him being able to make a living writing only a handful of mediocre articles every week? Also, it explains why Ammoland keeps him on (I remember that ‘fire Harold’ petition from several months ago)… My guess is, Ammoland is… Read more »

Patrick53081
Patrick53081
3 months ago
Reply to  DDS

After decades of supporting the  NRA, NRA/ILA, and NRA/PVF as well as raising 100’s of thousands of dollars for the Foundation via the Friend’s of NRA, the only thing I’m retaining is a Basic membership so I can hopefully vote and help make a change. Unfortunately until Wayne and his sycophant Board are cleaned out it may be futile. How ironic it is that it took an anti-gun New York AG to bring to light what corrupt higher ups run the NRA. 150 years of legacy, training and infrastructure down the toilet. GOA and 2AF are some alternatives.

Roland T. Gunner
Roland T. Gunner
2 months ago
Reply to  DDS

That same little foil wrapped packet thats been there for 15 years.