On gun rights, Alito in 1996 was the only appeals judge to vote against upholding Congress’ authority to ban fully automatic machine guns. The Brady Campaign to Prevent Gun Violence sarcastically described “Machine Gun Sammy” as a “perfect Halloween pick.”
Alito had argued for greater state rights in reasoning that Congress had no authority to regulate private gun possession.
They hate the guy, I love the guy. This, from the Brady Campaign:
"MACHINE GUN SAMMY," A PERFECT HALLOWEEN PICK
For Immediate Release:
Washington, D.C. - How could it have gone in any other direction, from a
White House that just gave blanket immunity to the gun industry, which
refuses to bar terrorists from buying guns, that broke a campaign promise
and put Uzis and AK-47s back on America's city streets, and insisted that
records of gun purchases be destroyed before the sun sets on them twice?
It had to be a Supreme Court pick that favors legal machine guns.
In 1996, Judge Samuel Alito was the sole judge who dissented from his Third
Circuit Court of Appeals colleagues when they upheld the authority of
Congress to ban fully automatic machine guns.
"Earth to Sammy - who needs legal machine guns?" asked Jim Brady, chair of
the Brady Campaign. "The Chicago mobsters of the 1930s would be giddy. But
the man I worked for, who gave us Sandra Day O'Connor and signed the 1986
machine gun ban, would be shaking his head."
"Judge Alito's ludicrous machine gun decision is bad enough. But it also
indicates that a Justice Ilito would attempt to prevent Congress from
passing other laws to protect Americans from gun violence," said Michael D.
Barnes, President of the Brady Campaign. "If Judge Alito had his way, the
federal machine gun ban would have been struck down as unconstitutional, and
the private possession of these weapons would have become legal."
:biggrin: Supreme Court Nominee Samuel Alito's Views Could Imperil Most Federal Gun,
Ammo, and Explosives Laws, New Violence Policy Center Backgrounder Shows
Washington, DC--The Violence Policy Center (VPC) today released a
backgrounder on Supreme Court nominee <http://www.vpc.org/alito.pdf> Judge
Samuel Alito. Key aspects of the document include:
* Supreme Court nominee Judge Samuel Alito voted to strike down the
1986 federal machine gun ban in the case U.S. v. Rybar, [103 F.3d 273 (3d
Cir. 1996)]. Judge Alito was the lone dissenter in the decision upholding
the conviction of a gun dealer who sold illegal machine guns at a
Pennsylvania gun show.
* Application of Judge Alito's unusual and extremely restrictive view
of Congressional regulatory power could imperil virtually every federal law
that currently regulates firearms, ammunition, and explosives.
* Judge Alito's opposition to the machine gun ban mirrors that of the
National Rifle Association. In 1986, following passage of the ban, then-NRA
Institute for Legislative Action Executive Director, now NRA Executive Vice
President, Wayne LaPierre stated, "Repealing the machine gun
amendment...will be a high priority," and promised the NRA's members that
the organization would "actively work toward the repeal of the recent
machine gun ban and will take all necessary steps to educate the public on
the sporting uses and legal ownership of automatic firearms." The NRA's
efforts at the time failed.
* A brief history of machine gun regulation: from the restrictions
imposed by the National Firearms Act of 1934 in response to the violence
stemming from Prohibition to the banning of the possession and transfer of
new machine guns by civilians in 1986 under the Firearms Owners' Protection
The backgrounder concludes, "If Judge Samuel Alito's views on firearms and
public safety, as expressed through his minority opinion in U.S. v. Rybar,
became the law of the land, all Americans would be at greater risk from
virtually uncontrollable firearms proliferation. The federal government
would be almost powerless to keep firearms, ammunition, and other deadly
commodities out of the hands of criminals and even terrorists. In a time of
increased concern regarding homeland security, such views are not only
counterintuitive, but exceedingly dangerous."
The Violence Policy Center is a national non-profit educational foundation
that conducts research on violence in America and works to develop
violence-reduction policies and proposals. The Center examines the role of
firearms in America, conducts research on firearms violence, and explores
new ways to decrease firearm-related death and injury.
Wednesday, November 2, 2005
Violence Policy Center
(202) 822-8200 x109
I like this guy. I was worried when Schumer and Reid and Pelosi all just loved Harriet Miers. THIS guy has them with their panties in a twist. But I've heard most of them comment on the news shows, (rather sadly I thought) that he'll likely get confirmed. I hope so.
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