ACLU Second Amendment

This is a discussion on ACLU Second Amendment within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Gun Control Updated: 7/8/2008 The Second Amendment provides: "A well regulated Militia, being necessary to the security of a free State, the right of the ...

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Thread: ACLU Second Amendment

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    Senior Member Array mrreynolds's Avatar
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    ACLU Second Amendment

    Gun Control

    Updated: 7/8/2008

    The Second Amendment provides: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

    ACLU POSITION

    Given the reference to "a well regulated Militia" and "the security of a free State," the ACLU has long taken the position that the Second Amendment protects a collective right rather than an individual right. For seven decades, the Supreme Court's 1939 decision in United States v. Miller was widely understood to have endorsed that view.

    The Supreme Court has now ruled otherwise. In striking down Washington D.C.'s handgun ban by a 5-4 vote, the Supreme Court's 2008 decision in D.C. v. Heller held for the first time that the Second Amendment protects an individual's right to keep and bear arms, whether or not associated with a state militia.

    The ACLU disagrees with the Supreme Court's conclusion about the nature of the right protected by the Second Amendment. We do not, however, take a position on gun control itself. In our view, neither the possession of guns nor the regulation of guns raises a civil liberties issue.

    ANALYSIS

    Although ACLU policy cites the Supreme Court's decision in U.S. v. Miller as support for our position on the Second Amendment, our policy was never dependent on Miller. Rather, like all ACLU policies, it reflects the ACLU's own understanding of the Constitution and civil liberties.

    Heller takes a different approach than the ACLU has advocated. At the same time, it leaves many unresolved questions, including what firearms are protected by the Second Amendment, what regulations (short of an outright ban) may be upheld, and how that determination will be made.

    Those questions will, presumably, be answered over time.

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    Senior Member Array DaveJay's Avatar
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    Well, Isn't that nice.....

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    VIP Member Array ccw9mm's Avatar
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    The ACLU disagrees with the Supreme Court's conclusion about the nature of the right protected by the Second Amendment. We do not, however, take a position on gun control itself. In our view, neither the possession of guns nor the regulation of guns raises a civil liberties issue.
    A typically weak and value-less statement on the 2A and the RKBA. One would think the ACLU would take a firmer position, if in fact its spin brokers are daring to claim they have a position on civil rights. Conveniently, they ignore taking a stand on the 2A. Isn't that sweet.

    The attempted denial of the right to arms does, when it takes the form of either (a) active attacks against people who have/use them or (b) failure to support the right to have/use them.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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    Distinguished Member Array Tally XD's Avatar
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    I guess if Jesse Jackson or Al Sharpton were to use a gun in self defense the ACLU would be protecting them like fine carnuba wax on a Lamborghini
    I am consistently on record and will continue to be on record as opposing concealed carry.
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    Ex Member Array BikerRN's Avatar
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    The ACLU will do nothing in regards to gun-rights because it would interfere with their primary objective of making things easier for the criminal element. It's not called the American Criminal Liberties Union for nothing.

    Until the recognize, and actively support, the whole document called the Constitution, along with the Bill of Rights, they will not receive my respect or monetary contributions.

    Biker

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    Senior Member Array gwhall57's Avatar
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    Yawwnnn. What would be interesting is if the ACLU suddenly supported the RKBA.

    BTW, several of our "Founding Fathers" described "the militia" as every able-bodied male between the ages of 16 and 50, or, in effect, everyone. So the RKBA is an individual right.
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    ACLU ... All Criminals Love Us

    "BTW, several of our "Founding Fathers" described "the militia" as every able-bodied male between the ages of 16 and 50, or, in effect, everyone."

    That was based on a time when a standing army was virtually nonexistant and defense depended on "citizen solders" and any response by a standing force would take weeks. Therein lies the basis for those who argue that the 2A doesn't apply to today's times and environment. It's an argument that will be fought repeatedly in courts forever.
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    New Member Array ray6576's Avatar
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    As stated in the Declaration of Independence - you have the right to life, liberty and the pursuit of happiness. IMO becasue you have the right to life you also have inherited the right to self defense and no government that I am aware of has the duty to protect the individual. The aclu in a losing position on this matter.

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