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January 14, 2008
Gun- Control Advocates Get Boost From Bush Administration
Bush administration backs gun regulation
A D.C. ban on home handguns may not be constitutional, the solicitor general tells the Supreme Court, but rights are limited and federal firearm restrictions should be upheld.
January 13, 2008
WASHINGTON
In their legal battle over gun ownership and the 2nd Amendment, gun- control advocates never expected to get a boost from the Bush administration.
But that's just what happened when U.S. Solicitor General Paul D. Clement urged the Supreme Court in a brief Friday to say that gun rights are limited and subject to "reasonable regulation" by the government and that all federal restrictions on firearms should be upheld.
Reasonable regulations include the federal ban on machine guns and other "particularly dangerous types of firearms," he said in the brief. Moreover, the government forbids gun possession by felons, drug users, "mental defectives" and people subject to restraining orders, he said.
"Given the unquestionable threat to public safety that unrestricted private firearm possession would entail, various categories of firearm-related regulation are permitted by the 2nd Amendment," Clement said. He filed the brief in a closely watched case involving Washington, D.C.'s ban on keeping handguns at home for self-defense.
The head of a gun-control group said he was pleasantly surprised by the solicitor general's stand.
Paul Helmke, president of the Brady Campaign to Prevent Handgun Violence, said he saluted the administration for recognizing a need for limits on gun rights.
Alan Gura, a key gun-rights advocate who is leading the challenge to the District of Columbia's gun law, expressed disappointment at the administration's position. He said he was troubled that Clement advised the justices to send the case back for further hearings in a lower court.
"We are not happy. We are very disappointed the administration is hostile to individual rights. This is definitely hostile to our position," Gura said.
This year, for the first time, the court is expected to rule squarely on whether the 2nd Amendment gives individuals a right to have a gun despite laws or ordinances restricting firearms.
In the past, this amendment has sometimes been read as protecting only state militias. It says: "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."
The case before the court tests the constitutionality of the District of Columbia's unusually restrictive ordinance. Clement, the Bush administration's chief lawyer before the court, agreed that the 2nd Amendment "protects an individual right to possess firearms, including for private purposes unrelated to militia operations." D.C.'s ban on handguns goes too far and is probably unconstitutional, he added.
A ruling along these lines would be a major victory for advocates of gun owners' rights.
But the solicitor general devoted most of his brief, filed late Friday, to urging the court to move cautiously and to make clear that the 2nd Amendment does not threaten most current restrictions on guns and gun owners.
Clement also said the court should stop short of striking down the D.C. ordinance on its own. Instead, he said, the case should be sent back to a trial judge.
"The D.C. ban may well fail constitutional scrutiny" he said, because it totally forbids private citizens from having a handgun at home.
But such a ruling should not threaten other laws, he said. "Nothing in the 2nd Amendment properly understood . . . calls for invalidation of the numerous federal laws regulating firearms."
Under Atty. Gen. John Ashcroft, the Bush administration in 2001 switched the Justice Department's long-standing support for gun control and adopted the view that the 2nd Amendment protects individuals' gun rights.
The solicitor general holds an unusual position in the government.
He is an appointee of the president in the Justice Department, representing the administration's view in court. At the same time, he has a duty to defend the laws passed by Congress, including in this instance the restrictions on machine guns and who can own a firearm.
The solicitor general is also an advisor to the Supreme Court. And usually, the briefs filed by his office carry more weight with the justices than any others.
The court will hear arguments in the D.C. case in late March.
Wild Thing's comment........
Well, this administration stuck the knife in conservatives’ backs a long time ago. May as well continue twisting it.
Our forefathers intended that right to be an absolute right, thus the very carefully chosen wording of the 2nd Amendment..."SHALL NOT BE INFRINGED..."
The NRA has released this press release expressing its disagreement with the DOJ brief: found at THIS website
Posted by Wild Thing at January 14, 2008 12:55 AM
Comments
... never in my 50-year life time have I seen such a dysfunctional fork-tongued flip-flopping LAME DUCK... ever! This is NOT the former governor of the Lone Star State that I had voted for in 2000 and 2004. I am 100% disgusted. No wonder 90% of his administration has already bailed on him. His father must be ashamed. Gotta be!
Posted by: darthcrUSAderworldtour07 at January 14, 2008 04:30 AM
What part of "Shall not be infringed" do they NOT understand?
We ARE the militia. I have the right to defend my home, my family, my town, my friends, etc.
If war ever comes to this shore again and the boys are over there, who's going to fight for us? It'll be up to us and if we don't have guns, well, we'll just have to fashion other means, which would take time. Leave the second amendment alone!
The founding fathers put it there for a reason!!!
Posted by: Lynn at January 14, 2008 04:50 AM
One thing Katrina proved and that was during a disaster, the only one you can rely on to protect you and your family is YOU.
Let's see what our President, who many of us fought hard to reelect, is doing.
1. Amnesty to illegal aliens
2. Jailing border guards who shoot drug runners
3. Turning against Israel
4. Going against the 2nd Amendment.
Yup, he's sure a good Conservative.
Posted by: BobF at January 14, 2008 07:20 AM
According to the Solicitor General the Federal Government already bans weapons from Felons, Drug Dealers, "Mental Defectives"(but they are still allowed on the street and allowed to vote), so why do these groups still possess firearms ?
If we don't get a good conservative candidate to run and if this isn't possible, we had better hope that we get a bunch of conservative back into congress.
If we don't. then I think real socialism is right around the corner. And the U.S. Constitution will not be worth the parchment it is written on.
Accordingly, the people have spoken on Illegal Immigration, McCain supposedly changed his stance, but he defended that stance vehemently at the debate, so why would anyone support McCain. Because he said, 'He changed his mind', No he did not. So unless the people wise up, we will get the same, status quo in November, whether it be democrat or republican...Nothing will change, except high speed acceleration toward Socialism.
It is this Entitlement and Nanny-State mentality that will be our doom.
Posted by: Mark at January 14, 2008 08:00 AM
Bush41 snubbed gun supporters by very publically renouncing up his NRA life membership. He did this after he lost reelection even though gun owners supported Bush41 throughout his political career. I also remember his support of an assault weapons ban immediately after he became President because, "Barbara(Bush) does not like assault weapons". What a phony, flimsy excuse. Barbara Bush didn't know an assault weapon from a power drill.
Bush43 is on an anti conservative roll. I dread this last year of his presidency. He acts like he is back on booze or cocaine. Next thing you know he will have his arm around Jimmy Carter.
Posted by: TomR at January 14, 2008 09:39 AM
We've got the worst of several political worlds.
The meal of crow we have to eat for defending this President for a long time. The gloating of the left who hated him from the start and now rejoice in our displeasure, and we've gotten the policies the left wanted all along but for which Bush will get no credit (not that I care).
I could overlook a lot if there was some consistency in all this, some coherent political philosophy that justifies the weirdness. Trouble is, like with Clinton, all I see is weakness, cynicism, inexplicable stubborness and a finger in everyone's eye.
Darth has it right.
Posted by: Rhod at January 14, 2008 05:39 PM
..and Tom, keep that Carter thing under your breath. If Bush can find another person to disappoint, and he'll be on the horn to Carter by tomorrow morning.
Posted by: Rhod at January 14, 2008 05:41 PM
As I mentioned in a previous post a while back, we are rapidly becoming the new USSR, United States of Socialist Republics. The world does not need another nanny police state like the former Soviet Union. Just imagine what additional erosion will happen to the Constitution if a Hillary Clinton or Barack Obama gets to appoint federal judges for four years.
If Bush and his gun control cohorts want take away guns, let them start with all the criminals first. When they successfully complete that task maybe I'll listen to what they have to say. Until then, F__k Off Mr. President.
Posted by: Les at January 14, 2008 07:10 PM
Darth, some of it we knew how he felt like about illegals, but all this other stuff I had no clue. I never knew he was a globalist and he sure is. I know it is going to happen no matter what this one world stuff, it has been in the works since forever. But why now....waaaaaa
Posted by: Wild Thing at January 15, 2008 12:44 AM
Lynn Amen!
Nick was telling me today how the Founding Father's would even get into fist fights when they were discussing our Bill of Rights etc. They worked so hard on making it like nothing else in any other country in the entire world.
And all these things that have been going on must have them spinning in their graves.
Posted by: Wild Thing at January 15, 2008 12:46 AM
Bob yes what a list! I sure hope they don't put Bush's name as an example of a conservative President. That would be a total lie in our history books.
Posted by: Wild Thing at January 15, 2008 12:48 AM
Mark, your so right, "socialism is right around the corner"....it is so close. We can fight it off I believe that with all I am, but we have to make sure like you said to get a conservative elected and they work on getting more conservatives as Judges and in the Congress and Senate. A dream maybe but there is still hope.
Posted by: Wild Thing at January 15, 2008 12:50 AM
Tom he is such a tremendous disapponitment. I expected a fight about the illegals when I voted for him. I prayed he would just forget about how he felt about them and do the right thing. I sure was wrong.
Posted by: Wild Thing at January 15, 2008 12:54 AM
Rhod Yessss, and that bugs the heck out of me. How I stood up for him for so long, took a lot of guff on forums from the left for him. And then he slaps us all and America in the face. grrrr
Posted by: Wild Thing at January 15, 2008 12:56 AM
Les, if they get elcted we are doomed. I hate to say that but it is true like you said.America oh how I love her so much, feel so honored to be an American and to see this happening inch by inch just infurates me and also breaks my heart.
Posted by: Wild Thing at January 15, 2008 12:58 AM
W's betrayal of my two votes for him is now complete. One went with the Mexican invasion, the second with supporting gun control laws. There's at least one 75 year old American who regrets voting for Bush. Me.
I advise downloading and reading the "Bush Book" to see how W. was bred to be the New World Order President.
Wild Thing, I have and do dearly love your web site, but as I told all my old email friends today, "If you can't accept me turning against Bush, then please block my email because I may flip but I won't flop back." I'm down to Fred Thompson to save the country and he's not doing too good in these stage-show, American Idol style primaries.
Posted by: Horace at January 15, 2008 04:16 PM
