Second Amendment Supporters Prepare To Celebrate 10th Anniversary Heller Victory
Preparations are being made to celebrate a major victory for the Second Amendment. The tenth anniversary of the monumental DC v. Heller case will be remembered by Second Amendment supporters in Washington, DC this June and you are invited to attend.
“The Second Amendment protects an individual right to possess a firearm.” – DC v. Heller
Dick Heller, the defendant in the Supreme Court case, will be on hand to celebrate the milestone, which will be held June 26, 2018 in Washington, DC at the City Club of Washington.
So far, the event has confirmed that Congressman Thomas Massie (R-KY), who is pushing to repeal gun-free zones and warning us that both parties are after our guns, and Dick Heller will be speaking and former Senator Elbert Lee Guillory (R-LA) will attend as an honored guest.
I’m sure that Senator Ted Cruz (R-TX) may be a possible speaker.
In the landmark case of District of Columbia v. Heller, Cruz drafted the amicus brief signed by the attorneys general of 31 states, which said that the Washington, D.C. handgun ban should be struck down as infringing upon the Second Amendment right to keep and bear arms. Cruz also presented oral argument for the amici states in the companion case to Heller before the United States Court of Appeals for the District of Columbia Circuit.
In January 2016, Cruz told CNN:
I represented 31 states in the Heller case, which upheld the individual right to keep and bear arms. You know what Barack Obama’s position is? That there is no individual right to keep and bear arms whatsoever under the Constitution… Hillary Clinton, for example, has said she will put Supreme Court justices on the court who will overturn Heller. And if Heller is overturned… there were four justices who said that there is no individual right to keep and bear arms whatsoever, that it is only a collective right in the militia, which is fancy lawyer talk for a nonexistent right… [If] Hillary Clinton gets one more Supreme Court justice, what it would mean is, the Supreme Court would say you and I and every individual American have no constitutional right under the Second Amendment at all, and either the federal government or a state government could make it a crime to possess a firearm.
Indeed the ruling was a major ruling on the Second Amendment with the late Justice Scalia writing the majority opinion.
The ruling held the following:
1. 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. Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.
(c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the Second Amendment . Pp. 28–30.
(d) The Second Amendment ’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.
(e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion. Pp. 32–47.
(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , nor Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54.
2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Pp. 54–56.
3. The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment . The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home. Pp. 56–64.
The Second Amendment is again under attack via useful idiots like David Hogg and Emma Gonzalez, the Women’s March, George Soros, Planned Parenthood and a host of Communists in the states and DC. It’s time that Americans wake up, stand up and support the Second Amendment because without the right to keep and bear arms, all the others go out the window.
For more information on the event, visit HellerTen.com
Article posted with permission from Freedom Outpost