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September 29th, 2020

Supreme Court Nominee Barrett Supports Second Amendment

Judge Amy Coney Barrett SCOTUS supreme court nominee donald trump

Supreme Court Nominee Judge Amy Coney Barrett — A Jurist for All Rights
Story based on article by Larry Keane, NSSF
President Donald Trump’s nomination of Judge Amy Coney Barrett is again delivering on his promise to return the judiciary to jurists who will faithfully interpret law as it is written. The president delivered on his original campaign promise to nominate justices to the U.S. Supreme Court “in the mold of Justice Scalia”.

Judge Amy Coney Barrett SCOTUS supreme court nominee donald trump“Amy Coney Barrett will decide cases based on the text of the Constitution as written,” President Trump said of his nominee in the White House Rose Garden. “As Amy has said, being a judge takes courage, you are not there to decide cases as you may prefer. You are there to do your duty and to follow the law wherever it may take you. That is exactly what Judge Barrett will do on the U.S. Supreme Court.”

President Trump has nominated Supreme Court justices who interpret the Constitution in the same originalist manner as the last Justice Antonin Scalia. In 2016 President Trump declared: “I will appoint justices, who like Justice Scalia, will protect our liberty with the highest regard for the Constitution”.

He delivered on the promise with the nomination of Justice Neil Gorsuch. The president updated that list in 2017, including the names of Justice Brett Kavanaugh and Judge Barrett. Justice Kavanaugh was nominated to replace the retiring Justice Anthony Kennedy. Over the weekend, President Trump made his third nomination to fill a Supreme Court vacancy, again delivering on his campaign promise to submit nominations from the list of jurists presented to voters.

Judge Amy Coney Barrett SCOTUS supreme court nominee donald trump

In her Rose Garden remarks, Judge Barrett affirmed her commitment to the Constitution as it is written:

“I clerked for Justice Scalia more than 20 years ago, but the lessons I learned still resonate. His judicial philosophy is mine too. A judge must apply the law as written. Judges are not policy makers and they must be resolute in setting aside any policy views they might hold.”

That view of the Bill of Rights (and the Second Amendment) was explained by Justice Scalia in his majority opinion in the landmark 2008 Heller decision. The Supreme Court ruled in D.C. vs. Heller that the Second Amendment protects pre-existing fundamental civil rights of individuals.

“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home,” Justice Scalia wrote. He further explained that the right isn’t derived from government, but exists outside of the whims of a government to grant or take away. “The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it ‘shall not be infringed’.”

Judge Amy Coney Barrett clerked for Justice Scalia in 1998-1999. It shouldn’t come as a surprise that her understanding of fundamental rights, especially those included in the Second Amendment, follow Justics Scalia’s faithful reading of the Bill of Rights.

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March 24th, 2013

Lawsuit Filed in Federal Court to Over-Turn New York’s SAFE Act

New York State Rifle Pistol Assn. logoLed by the New York State Rifle and Pistol Association (NYSRPA) and the NRA, a group of gun organizations filed suit on March 21, 2013, seeking to overturn the recently-passed New York SAFE Act. The pro-Second Amendment coalition filed suit in Federal court in Buffalo seeking to toss out New York’s new gun control law on a variety of constitutional grounds.

Specifically, the complaint states that the SAFE Act violates the Second Amendment as well the Commerce Clause of the U.S. Constitution. The Buffalo News explains: “The lawsuit says the gun law… violates the U.S. Constitution’s commerce clause, which empowers the federal government to regulate interstate commerce, because the law restricts interstate commerce by requiring private gun owners to go through dealers if they want to sell guns to a private party in another state.” Read Full Article from BuffaloNews.com.

NYSRPA President Thomas King says the SAFE Act infringes New Yorkers’ Second Amendment rights: “The U.S. Supreme Court affirmed an individual right to keep and bear arms in the landmark 2008 case of Heller v. District of Columbia and incorporated that decision to the states in the 2010 case of McDonald v. Chicago. These decisions apply to all New Yorkers”. Chris Cox, Executive Director of the NRA’s Institute for Legislative Action, added: “Governor Andrew Cuomo and the New York State Legislature usurped the legislative and democratic process in passing these extreme anti-gun measures with no committee hearings and no public input“.

Along with the New York State Rifle and Pistol Association, other plaintiffs in this action are the NRA, the Westchester County Firearms Owners Association, Sportsmen’s Association for Firearms Education, New York State Amateur Trapshooting Association, Bedell Custom, Beikirch Ammunition Corporation, Blueline Tactical & Police Supply, and three individual citizens.

Injunction Against SAFE Act Denied in State Action
In another related lawsuit, on March 12, N.Y. State Supreme Court Justice Thomas McNamara refused to enjoin implementation of the SAFE Act. That ruling applied to a lawsuit brought by Robert Schultz and hundreds of other private citizen plaintiffs. A motion had been filed asking the court to temporarily halt the SAFE Act on the grounds that the legislation had been rushed through, without proper consideration or the opportunity for citizen input. The judge denied the motion, holding that the Legislature was authorized by “messages of necessity” to enact the SAFE Act on a “fast track” schedule. Schultz stated that his group would appeal the ruling to the N.Y. State Court of Appeals: “We’re saying the language of the Message of Necessity has to match up with the legislation.”

READ More about Schultz Lawsuit in N.Y. State Court.

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September 21st, 2010

25th Annual Gun Rights Policy Conference This Weekend

GRPC 2010 San FranciscoThe 25th Annual Gun Rights Policy Conference (GRPC) will be held this upcoming weekend, September 24-26, in San Francisco, CA. Ironically (or perhaps deliberately?) the conference convenes in one of the most gun-hostile cities in North America. Past GRPCs have covered the latest firearms trends and outlined strategic plans to expand gun rights. This year GRPC organizers will focus on critical issues such as: city gun bans, youth violence, “smart” guns, concealed carry, federal legislation, legal actions, gun show regulation, state and local activity. Noted legal experts will also preview the upcoming court cases and revisit the U.S. Supreme Court landmark decision in D.C. v. Heller.

2010 GRPC San Francisco

The team of “distinguished experts” has not yet been finalized, but past speakers have included: Alan M. Gottlieb, Wayne LaPierre, Larry Elder, Ken Hamblin, John Lott, Sandy Froman, Massad Ayoob, Tom Gresham, Alan Gura, Reps. Bob Barr and Chris Cannon and many others. This event is co-hosted by the Second Amendment Foundation, which offers free online registration.

NOTE: Books, monographs and other materials — enough to start a Second Amendment library — are FREE, as are Saturday luncheon, Friday and Saturday evening receptions, and morning/afternoon snacks. Other meals, travel costs, and lodging costs must be paid by attendee.

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