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Monday, March 30, 2009
Janet M. LaRue :: Townhall.com Columnist
Obama's Sights on Second Amendment
by Janet M. LaRue
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While campaigning for the U.S. Senate and then the presidency, Barack Obama said he believed in the individual right to bear arms.

Those aware of his record and rhetoric thought he might have been referring to his wife’s penchant for sleeveless attire, not the Second Amendment.

During his 2004 run for the Senate, Obama said “I think that the Second Amendment means something. I think that if the government were to confiscate everybody’s guns unilaterally that I think that would be subject to constitutional challenge.” No kidding.

He didn’t say it would be unconstitutional, just “subject to constitutional challenge.” Nor did he express any opposition.

During the presidential campaign, a case challenging Washington D.C.’s draconian gun laws was pending in the U.S. Supreme Court. The laws banned all handgun registrations, prohibited handguns already registered from being carried from room to room in the home without a license, and required all firearms in the home, including rifles and shotguns, to be unloaded and either disassembled or bound by a trigger lock.

In June, the Court released its decision in District of Columbia v. Heller, holding that the laws violate the individual right to keep and bear arms unconnected to service in a militia as secured by the Fourth Amendment. Justice Antonin Scalia, writing for the majority, emphasized that the individual right to bear arms pre-exists, and is independent of, the Constitution:

Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876), “[t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second amendment declares that it shall not be infringed . . . .”

Obama admitted in a Feb. 11, 2008, interview that he supported the handgun ban, and that it was “constitutional.” On June 26, he said he agreed with the Court’s decision, but added that the right to bear arms is subject to “reasonable regulations.” He never “explained” how an absolute ban on handguns is “reasonable,” or how he can agree with the ruling, which said it was unreasonable. Obama’s inconsistencies are numerous, as John R. Lott Jr has noted.

Obama continued to duck and cover by talking about getting illegal guns off the streets, background checks for children and the mentally ill, and attacking the NRA. Continued...

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About The Author
Jan LaRue is Senior Legal Analyst with the American Civil Rights Union; former Chief Counsel at Concerned for Women; Legal Studies Director at Family Research Council; and Senior Counsel for the National Law Center for Children and Families. Be the first to read Janet LaRue's column. Sign up today and receive Townhall.com delivered each morning to your inbox.
The Second
It should be incredibly clear that there should be NO restrictions on the right of the people to keep and bear arms.
I think it's agreeable that convicts and former convicts are not citizens if they committed a violent crime.
And of course, imbalanced individuals should not have access to weapons for obvious reasons.
But, other than that, it's "hands off"!!

BTW, I read that due to a recent court decision fully automatic weapons are legal in California---until they rescind the courts decision! Wish I could afford it.

Re: Hysterical Historians
"So again I made no assertion that The Unanimous Declaration
of the Thirteen United States of America july 4, 1776 charged that the King's force violated privacy in trying to discover some plot..
No mis reading of what I stated can be even vaguely construed as to claim that I said anything about The Unanimous Declaration
of the Thirteen United States of America."

No, you alluded that King George's violation of the nonexistent "right of privacy" lend to the Framers including the 4th Amendment in the Consitution. I merely observed that there is NO HISTORICAL EVIDENCE of such, considering that the "The Unanimous Declaration
of the Thirteen United States of America" was the Continental Congresses indictment of King George.

"I asserted that King George did violate privacy (both of them) as stated in the link and that the founding fathers enacted the 4th amendment based in part on this (as stated in the link.)"

Again, the 4th Amendment has nothing to do the mythical "Right of Privacy". In fact, it relates solely arrests and confiscations without "probable cause", charges that were actually included in King George III indictment. Now as far the "expectation of privacy" for terrorists to plot their nafarist deeds, no part of our Constitution can be construed as some sort of suicide pact.

In fact, the Declaration tells us why "governments of instituted among men" is solely "secure these rights" of Life, Liberty and Pursuit of Happiness (Property) of "the People". The only reason you could believe that President in role as "Commander-in-Chief" could not listen in only conversations between individuals in the US and Hindu Kush is that you don't believe we are in mortal combat with these Islamo-fascists.
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