SAF challenges DC handgun ban scheme
Posted in Press Releases by R Lee Wrights on March 19th, 2009 from SAF
BELLEVUE, WA - The Second Amendment Foundation and three Washington, D.C. residents today filed a lawsuit challenging a regulation by District of Columbia city government that arbitrarily bans handguns based on a roster of “acceptable” handguns approved by the State of California.
The District is using this list despite a ruling by the U.S. Supreme Court last summer that protects handguns “that ordinary people traditionally use for self-defense.” This scheme could eventually bar the ownership of any new handguns.
Attorney Alan Gura, representing the plaintiffs in this case, noted that District bureaucrats “told Tracy Ambeau Hanson her gun was the wrong color.” Americans are not limited to a government list of approved books, or approved religions, he said. A handgun protected by the Second Amendment doesn’t need to appear on any government-approved list either.
“The Springfield XD-45 is approved for sale in Washington,” Gura noted, “so long as it is black, green, or brown, but her bi-tone version is supposedly ‘unsafe’.”
Added SAF founder Alan Gottlieb, “The Supreme Court’s decision is crystal clear: Handguns that are used by people for self-defense and other lawful purposes cannot be banned, whether the city likes it or not. The city needs to accept the Second Amendment reality and stop this nonsense.”
Hanson, one of the individual plaintiffs in the case, wondered, “Do we really need a gun-fashion police? I just want to be able to exercise my Second Amendment rights without interference from the District government.”
Joining Hanson are Gillian and Paul St. Lawrence. Gillian St. Lawrence’s handgun would once have been allowed, until its listing expired, leaving her to observe, “I didn’t realize that my constitutional rights had an expiration date.”
Her husband sought to own the same type of handgun that the Supreme Court had ordered District officials to allow Dick Heller to possess. However, that particular model is no longer manufactured, and its maker is no longer available to process the handgun’s certification through the bureaucracy.
“The Supreme Court’s decision should really be the last word on whether I can own this model handgun,” said Mr. St. Lawrence.
“The so-called ’safe’ gun list is just another gun-grabbing gimmick,” said Gura. “This is the same old, tried and failed D.C. handgun ban by another name. The city can’t get around the Second Amendment by declaring most normal guns ‘unsafe,’ and gradually shrinking the number of so-called ’safe’ guns to zero.”
Valuable assistance is being provided by the CalGuns Foundation.
“CalGuns Foundation was saddened to see the California Handgun Roster adopted in D.C.,” CalGuns Chairman Gene Hoffman added. “Our state has a reputation as being a leader on many fronts. Unfortunately, this has included violating the rights of law abiding gun owners. After nearly a decade of experience with the California Handgun Roster, the CalGuns Foundation is uniquely able to assist in this case.”
Copyright © 2009 Second Amendment Foundation, All Rights Reserved.
Second Amendment Foundation
James Madison Building
12500 N.E. Tenth Place
Bellevue, WA 98005
Toll Free: 800-426-4302
Email: InformationRequest@saf.org
fod for thought said,
March 23, 2009 @ 10:57 am
Some gun/2nd Amendment Quotes from our founding fathers
There is no exceptions in the 2nd amendment for assault weapons, hand guns, etc.! All you have to do is read these quotes by our founding fathers to understand that fact. Also, in a recent decision of the U.S. Supreme Court, United States v. Verdrigo-Urquidez, 110 S. Ct. 1056, 1060-61 (1990) the Court referred to the 2nd Amendment and specifically addressed the meaning of the phrase “the people” as used in the 1st, 2nd, and 4th Amendments to the Constitution . While the specific case involved only the protections afforded to individuals under the 4th Amendment, the Court did clearly state that the words “the people” in the 2nd Amendment have the same meaning as they do in the 1st and 4th Amendments, i.e., individual rights. Look at the quotes from our founders below and you will begin to realize how the gun controllers have manipulated the true meaning of the 2nd Amendment to fit their agenda:
“… arms… discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. …Horrid mischief would ensue were (the law-abiding) deprived the use of them.” -Thomas Paine.
“On every question of construction (of the Constitution) let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.” -Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p322.
“Experience hath shewn, that even under the best forms [of government] those entrusted with power have, in time, and by slow operations, perverted it into tyranny.” -Thomas Jefferson, Bill for the More General diffusion of Knowledge (1778) .
“To disarm the people (is) the best and most effectual way to enslave them…” -George Mason, 3 Elliot, Debates at 380.
“The best we can hope for concerning the people at large is that they be properly armed.” -Alexander Hamilton, The Federalist Papers at 184-B.
“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined…The great object is that every man be armed. Everyone who is able might have a gun.: -Patrick Henry.
“Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty or give me death!” -Patrick Henry
“To preserve liberty it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them…” -Richard Henry Lee writing in Letters from the Federal Farmer to the Republic (1787-1788) .
“The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.” -Samuel Adams, debates & Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87.
“…the people have a right to keep and bear arms.” -Patrick Henry and George Mason, Elliot, Debates at 185.
“The right of the people to keep and bear…arms shall not be infringed. A well regulated militia, composed of the people, trained to arms, is the best and most natural defense of a free country…” -James Madison, I Annals of Congress 434 (June 8, 1789).
“A militia, when properly formed, are in fact the people themselves… and include all men capable of bearing arms.” -Richard Henry Lee, Additional Letters from the Federal Farmer (1788) at 169.
“The militia of the United States consists of all able-bodied males at least 17 years of age…” -Title 10, Section 311 of the U.S. Code. (see http://www4 . law. cornel 1 . edu/uscode/)
“The people are nor to be disarmed of their weapons. They are left in full possession of them.” -Zachariah Johnson, 3 Elliot, Debates at 646.
“No free man shall ever be debarred the use of arms.” -Thomas Jefferson, Proposal Virginia Constitution, 1 T. Jefferson Papers, 334 (C.J. Boyd, Ed., 1950).
“If the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self defense which is paramount to all positive forms of government,..”- Alexander Hamilton, The Federalist (#28) .
“As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.” -Tench Coxe, Remarks on the First Part of the Amendments to the Federal Constitution, under the pseudonym “A Pennsylvanian” in the Philadelphia Federal Gazette, June 18, 1989 at col. 1.
“The right of the people to keep and bear arms has been recognized by the General Government; but the best security of that right after all is, the military spirit, that taste for martial exercises, which has always distinguished the free citizens of these States… Such men form the best barrier to the liberties of America.” -gazette of the United States, October 14, 1789.
“Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States.” -Noah Webster, An Examination into the Leading Principles of the federal Constitution (1787) in Pamphlets to the Constitution of the United States (P.Ford, 1888)
“If a man hasn’t discovered something that he will die for, he isn’t fit to live.” - Martin Luther King Jr., June 23, 1963. Speech in Detriot
“They that can give up liberty to obtain a little temporary safety deserve neither liberty nor safety.” -Benjamin Franklin, Historical Review of Pennsylvania.
“I ask, sir, what is the militia? It is the whole people, except for a few public officials.” -George Mason, 3 Elliot, Debates at 425-426.
“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.” -Thomas Jefferson.
“(The Constitution preserves) the advantage of being armed which Americans possess over the people of almost every other nation…(where) the governments are afraid to trust the people with arms.” -James Madison.
“Laws that forbid the carrying of arms… disarm only those who are neither inclined nor determined to commit crimes… Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” -Thomas Jefferson, quoting Cesare Beccaria.
“Arms in the hands of citizens (may) be used at individual
discretion… in private self defense…” -John Adams, A defense of the
Constitutions of the Government of the USA, 471 (1788)
“Are we at last brought to such an humiliating and debasing degradation that we cannot be trusted with arms for our own defense? Where is the difference between having our arms under our own possession and under our own direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?”– Patrick Henry, 3 Elliot, Debates at 386.
“False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils, except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. Can it be supposed that those who have the courage to violate the most sacred laws of humanity, the most important of the code, will respect the less important and arbitrary ones, which can be violated with ease and impunity, and which, if strictly obeyed, would put and end to personal liberty–so dear to men, so dear to the enlightened legislator–and subject innocent persons to all the vexations that the guilty alone ought to suffer? Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. They ought to be designated as laws not preventative but fearful of crimes, produced by the tumultuous impression of a few isolated facts, and not by thoughtful consideration of the inconveniences and advantages of a universal decree.” Thomas Jefferson, Commonplace Book, 1774-1776, quoting 18th century criminologist Cesare Beccaria in On Crimes and Punishment, 1764.
There are probably 35 or more cases in which a SCOTUS justice mentions the RKBA by quoting the Amendment, and in the vast majority of them they only quote the second, actionable clause. (If anybody wants, I can give you the case cites later) Still, I have never ignored the militia preamble. I believe that when we try to understand it we should accept this advice: “On every question of construction let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning can be squeezed out of the text, or invented against it, conform to the probable one which was passed.” Thomas Jefferson, The Complete Jefferson, p. 322 (1957) [Letter to William Johnson, June 12, 1823]. “My friends and countrymen, it is not so, for the powers of the sword are in the hands of the yeomanry of America from sixteen to sixty. The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom? Congress shall have no power to disarm the militia. Their swords and every other terrible implement of the soldier, are the birth-right of an American ….[T]he unlimited power of the sword is not in the hands of either the federal or the state governments, but where I trust in God it will ever remain, in the hands of the People.” Tench Coxe, Pennsylvania Gazette, Feb. 20, 1788.
“The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States.” Noah Webster, “An Examination into the Leading Principles of the Federal Constitution (1787) in Pamplets on the Constitution of the United States (P.Ford, 1888)
“And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the Press, or rights of Conscience: or to prevent the people of the united States, who are peaceable citizens, from keeping their own arms…” Samuel Adams, Debates & Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (February 6, 1788)
“It has been asserted by the most respectable writers upon government, that a well-regulated militia, composed of the yeomanry of the country, have ever been considered as the bulwark of a free people. Tyrants have never placed any confidence on a militia composed of freemen.” John DeWitt, The Anti-Federalist Papers, p. 75 (M. Borden ed. 1965)
“Whenever, therefore, the profession of arms becomes a distinct order in the state. . .the end of the social compact is defeated. . . .No free government was ever founded, or ever preserved its liberty, without uniting the characters of the citizen and soldier in those destined for defense of the state. . . .Such a well regulated militia, composed of freeholders, citizens and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen” M. T. Cicero (a pseudonym), Charleston State Gazette, September 8, 1788
“A militia, when properly formed, are in fact the people themselves, and render regular troops in a great measure unnecessary. . . .the constitution ought to secure a genuine and guard against a select militia. . .and include. . .all men capable of bearing arms. . . . But, say gentlemen, the general militia are for the most part employed at home in their private concerns, cannot well be called out, or be depended upon; that we must have a select militia. . . .[of the select militia] These Corps, not much unlike regular troops, well ever produce an inattention to the general militia. . .whereas, to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them. . . .The mind that aims at a select militia, must be influenced by a truly anti-republican principle; and when we see many men disposed to practice upon it, whenever they can prevail, no wonder true republicans are for carefully guarding against it.” Richard Henry Lee, Additional Letters from the Federal Farmer, p. 169-170 (1788)
The SCOUTS has weighed in on the definition of “the militia” in these cases:
“The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of the Colonies and the States, and the writings of approved commentators. These show plainly enough that the militia comprised all males physically capable of acting in concert for the common defense. “A body of citizens enrolled for military discipline. And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of a kind in common use at the time” U.S. v. Miller, 307 U.S. 174, 179 (1939).
“It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as the States, and, in view of this prerogative of the general government. . .the States cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms. . .[B]ut, as already stated, we think it clear that the sections under consideration [prohibiting mass marches by armed men without obtaining a permit] do not have this effect.” Presser v. Illinois, 116 U.S. 252, 267 (1886).
Regarding the Second Amendment, does the spirit of the debates indicates whether the RKBA was intended to be an individual or a collective state’s right?
“Mr. Madison has introduced his long expected amendments. . . .It contains a bill of rights [including] . . . .the right to keep and bear arms.” Fisher Ames, 1 Works of Fisher Ames, pp. 52-53 (1854) [Letter to Thomas Dwight, June 11, 1789].
“The rights of conscience, of bearing arms, of changing the government, are declared to be inherent in the people.” Fisher Ames, 1 Works of Fisher Ames, pp. 53-54 (1854) [Letter to F. I. Minoe, June 12, 1789].
Last Monday, a string of amendments were presented to the lower house; these altogether respected personal liberty. . . William Grayson, 3 Patrick Henry, p. 391 (1951) [letter from Grayson to Henry, June 12, 1789].[remember, it was Henry who complained of the Constitution without a RKBA in this fashion: “My great objection to this Government is, that it does not leave us the means of defending our rights; or, of waging war against tyrants”]
How was the RKBA sold to the public? Consider Madison’s good friend, Tench Coxe, who wrote a widely distributed pamphlet explaining the liberties in the Bill of Rights to aid Madison’s push for endorsement of them:
“As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear private arms.” Tench Coxe, Remarks on the First Part of the Amendments to the Federal Constitution. Published under the pseudonym, “A Pennsylvanian” in the Philadelphia Federal Gazette, June 18, 1789 at 2 Col. 1.
Therefore, here is how I (not me, the poster, but another’s comment) read the Second Amendment: (I left it in because of the quotes.)
1. Whereas maintaining a standing army is dangerous to liberty, a well regulated militia, composed of all citizens capable of bearing their private arms, is the best method to provide for the security of a FREE state (ie. A state in which the people need not fear the ambitions of their own government); AND
2. That every citizen has the right to keep and bear private arms; for this right provides the citizen with the ability to defend his life, his liberty, and his property from the “tyranny of irritated ministers” as well as providing him with the means to “discourage and keep the invader and the plunderer in awe.” (citing The Declaration of the Causes and Necessity of Taking up Arms and Thomas Paine, respectively)
The militia clause is not a limitation, but a preamble which states the universally held principle that “standing armies, in time of peace, should be avoided, as dangerous to liberty.” (from the Constitution of the Commonwealth of Virginia)
Statements from tapes that Martin Borman made of some of the pleasant dinner conversations he had been privy to:
“The most foolish mistake we could possibly make would be to allow the subject races to possess arms. History shows that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by so doing. Indeed, I would go so far as to say that the supply of arms to the underdogs is a sine qua non for the overthrow of any sovereignty. So let’s not have any native militia or native police. German troops alone will bear the sole responsibility for the maintenance of law and order throughout the occupied Russian territories, and a system of military strong-points must be evolved to cover the entire occupied country.” Adolf Hitler, dinner talk on April 11, 1942, quoted in Hitler’s Table Talk 1941-44: His Private Conversations, Second Edition (1973), Pg. 425-426.
“The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States.” Noah Webster, “An Examination into the Leading Principles of the Federal Constitution” (1787) in Pamphlets on the Constitution of the United States (P. Ford, 1888).
“And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the Press, or the rights of Conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. . .” Samuel Adams, Debates & Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (February 6, 1788).
Here are some more statements from the Enemies of Liberty:
“Governments begin at the end of the gun barrel.” -Chairmen Mao
“One man with a gun can control 100 without one. … Make mass searches and hold executions for found arms.” - V.I.Lenin
“If the opposition disarms, well and good. If it refuses to disarm, we shall do it ourselves.” - Joseph Stalin
We are taking the law and bending it as far as we can to capture a whole new class of guns.” - Jose Carada, (White House official who specializes in gun control policy), The Los Angeles Time
“We can’t be so fixated on our desire to preserve the rights of ordinary Americans…” -Bill Clinton (USA Today, 11 March 1993, page 2A)