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Don't Take Your Guns to Town - Will Attorney General Eric Holder respect the Second Amendment?
Reason ^ | November 26, 2008 | Damon W. Root

Posted on 11/28/2008 7:02:51 PM PST by neverdem

"As President, I will uphold the constitutional rights of law-abiding gun-owners, hunters, and sportsmen. I know that what works in Chicago may not work in Cheyenne." That was Democratic presidential candidate Barack Obama on June 26, 2008, responding to the Supreme Court's landmark decision in District of Columbia v. Heller, which struck down Washington, DC's draconian handgun ban and held that the Second Amendment protects an individual right to keep and bear arms—not a collective one.

"I have always believed that the Second Amendment protects the right of individuals," Obama went on, "but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through common-sense, effective safety measures."

While it wasn't exactly a ringing endorsement of the decision, Obama's statement was an improvement over his previous equivocations. But that line about Chicago and Cheyenne definitely stood out. Chicago, after all, has a gun ban in place that's just as constitutionally dubious as the one struck down in Heller. Indeed, Alan Gura, the attorney who successfully argued Heller before the Court, is now working on the challenge to the Windy City law.

So last week's announcement that President-elect Obama has tapped outspoken gun control advocate Eric Holder to serve as his attorney general should come as something less than a complete shock. Holder, who served as deputy attorney general under President Bill Clinton and as acting attorney general under President George W. Bush (a position he held until John Ashcroft was confirmed), has pushed for sweeping and restrictive gun control measures throughout his career while also endorsing the now-discredited collective rights interpretation of the Second Amendment. Obama's selection of Holder raises some serious concerns about his administration's commitment to upholding the entire Bill of Rights.

In the aftermath of the 9/11 attacks, for instance, Holder took to the pages of The Washington Post, where he played on the public's newfound fear of terrorism to lobby for additional gun show regulations. But as National Review's Jim Geraghty recently pointed out, of the two "terrorists" that Holder claimed were stalking America's gun show circuit, one was eventually acquitted of supplying guns to terrorists (though not of the separate charge of weapons smuggling), while the other, a man named Ali Boumelhem, didn't buy so much as a camouflage vest at a gun show. Since he had a felony record he let his brother do the shopping. In Holder's mind, that's a "loophole" that needs closing, but as Geraghty notes, "background checks like the one Holder was calling for would not have stopped [it], since the straw purchaser (the surrogate for the real buyer) is chosen because he has a clean record." Unless Holder wants to forbid gun sales to people with disreputable family members or friends, it's hard to imagine how any law could prevent this situation.

More recently, Holder was one of thirteen former Justice Department officials to sign an amicus brief on behalf of the D.C. government in the Heller case. That document, which endorsed restrictive gun control measures and cited rare and sensational events like the Columbine and Virginia Tech school shootings as evidence of "the deadly toll that firearms exact," also made the case for the collective rights interpretation that has now been rejected by both the Supreme Court and leading liberal legal scholars.

What does all this mean for Eric Holder's Department of Justice? Nothing good, says Second Amendment scholar and Independence Institute Research Director David Kopel. As Kopel told me via email, under the leadership of Attorney General Janet Reno and Deputy Attorney General Eric Holder, "the DOJ used the U.S. Attorneys offices for the aggressive prosecution of gun owners and sellers, often on flimsy charges. We may expect many more such prosecutions under Holder." Moreover, Holder's turf now includes the Bureau of Alcohol, Tobacco, Firearms & Explosives, which was transferred from the Treasury Department to the Justice Department after 9/11. That's one tool that Reno didn't have in her kit. "Now that the Bureau is part of DOJ," Kopel explained, "Attorney General Holder will have great power to force the imposition of onerous new regulations on firearms sales, on firearms stores, and on manufacturers."

Attorney General John Ashcroft, of course, famously attacked critics of the government's anti-terrorism policies for chasing "phantoms of lost liberty" and giving "ammunition to America's enemies." Let's hope that Second Amendment supporters won't be chasing as many "phantoms" once Eric Holder inherits the Bush administration's sweeping law enforcement powers.

Damon W. Root is an associate editor at reason.


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: banglist; bhoag; bhodoj; ericholder; holder; obama; obamatransitionfile; obamregime; secondamendment
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1 posted on 11/28/2008 7:02:51 PM PST by neverdem
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To: neverdem

I’m sure the 0ne will find a way to change the constitution to fit his agenda.
The constitution means nothing to a Marxist.


2 posted on 11/28/2008 7:05:57 PM PST by TribalPrincess2U
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To: neverdem
Unlike when Holder was previously high in the Justice Department, now the BATFE is part of it, rather than part of the Treasury as before. That's good when the AG fully respects the second amendment, although few have since FDR's time, but it's very very bad if he/she does not. Eric Holder does not support it at all.
3 posted on 11/28/2008 7:08:31 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: neverdem

I trust him as far as I could throw him and his wife roped together.


4 posted on 11/28/2008 7:09:02 PM PST by George Smiley (Palin is the real deal.)
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To: neverdem
The Bill of Rights belong to the people. NOT to the government or politicians. IT'S UP TO THE PEOPLE TO MAKE SURE BOZOS LIKE HOLDER "RESPECT" OUR RIGHTS. If they don't, it's our job to implement the Second Amendment to help THEM understand it's meaning. Politicians these days are always in need of a good atitude adjustment.
5 posted on 11/28/2008 7:09:03 PM PST by FlingWingFlyer (For more information on America's "new direction" read The Road to Serfdom. by Friedrich A. Hayek.)
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To: neverdem

Obama’s stand on the ‘Right to bear arms’

Even though Obama claims to be a supporter of the 2nd Amendment ‘Right to bear arms’, here are the facts. I’m sure I’ll hear from those that will point to FactCheck.org and their distortion of the truth.
“FactCheck claims that NRA advertisements “distort” Barack Obama’s anti-2nd Amendment positions, but FactCheck’s own sources prove otherwise. Even Obama’s campaign has refused to deny his most extreme positions”.

These facts are taken from gunbanobama.com

“FACT: Barack Obama voted to allow reckless lawsuits designed to bankrupt the firearms industry.”

“FACT: Barack Obama voted to ban almost all rifle ammunition commonly used for hunting and sport shooting.”

“FACT: Barack Obama has endorsed a 500% increase in the federal excise tax on firearms and ammunition.”

“FACT: Barack Obama has endorsed a complete ban on handgun ownership.”

“FACT: Barack Obama voted to uphold local gun bans and the criminal prosecution of people who use firearms in self-defense.”

“FACT: Barack Obama refused to sign a friend-of-the-court Brief in support of individual Second Amendment rights in the Heller case.”

“FACT: Barack Obama was a member of the Board of Directors of the Joyce Foundation, the leading source of funds for anti-gun organizations and “research”.”

“FACT: Barack Obama supported a proposal to ban gun stores within 5 miles of a school or park, which would eliminate almost every gun store in America.”

Want more facts? Go here: http://www.gunbanobama.com/

Any wonder he picked Holder?


6 posted on 11/28/2008 7:14:04 PM PST by USAF70 (I'm a bitter clinger)
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To: TribalPrincess2U

Ah... The Konstitution of the United Socialist States: By Barack Hussein Obama, William Ayers, Karl Marx, and Hillary Duff.


7 posted on 11/28/2008 7:16:19 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: neverdem

How many here think that Holder will be backing that abomination of the AWB HR1022?


8 posted on 11/28/2008 7:16:34 PM PST by Centurion2000 (To protect and defend ... against all enemies, foreign and domestic .... by any means necessary.)
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To: neverdem

Uh, no.


9 posted on 11/28/2008 7:23:45 PM PST by combat_boots ("In a time of universal deceit, telling the truth is a revolutionary act."Aldous Huxley)
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To: TribalPrincess2U

**I’m sure the 0ne will find a way to change the constitution to fit his agenda.**

Then it will be up to us to teach “the ONE” ... that the 2nd Amendment has NOTHING to do with HUNTING... just PROTECTION!!
Someone gonna have to show the LIBs the DIFFERENCE!!


10 posted on 11/28/2008 7:24:50 PM PST by gwilhelm56 (Orwell's "1984" .. to Conservatives- a WARNING, to Liberals - a TEXTBOOK)
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To: neverdem

http://change.gov/agenda/urbanpolicy_agenda/
• Address Gun Violence in Cities: Obama and Biden would repeal the Tiahrt Amendment, which restricts the ability of local law enforcement to access important gun trace information, and give police officers across the nation the tools they need to solve gun crimes and fight the illegal arms trade. Obama and Biden also favor commonsense measures that respect the Second Amendment rights of gun owners, while keeping guns away from children and from criminals. They support closing the gun show loophole and making guns in this country childproof. They also support making the expired federal Assault Weapons Ban permanent.


11 posted on 11/28/2008 7:26:06 PM PST by umgud (I'm really happy I wasn't aborted)
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To: neverdem
Will Attorney General Eric Holder respect the Second Amendment?



"Oh, HELL no!"
12 posted on 11/28/2008 7:26:19 PM PST by Rastus
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To: TribalPrincess2U; neverdem

I see a progressive end to private ownership in the USA that silly smiling sheeple will swallow.

FOIC as in Illinois nationwide, then ....Fees and License for EBR’s and HiCaps. Followed in August of 2010 a constitutional convention that repeals the 2nd.

OhCrap Inc gets cash and funds, and data as to where more than 80% of firearms are for collection by LEO’s later.

America has to fight this crap till 2010 and put REAL CONSERVATIVES back in congress to override BHO’s Vetoooooh’s !

Just my opinions of course.....stay safe !


13 posted on 11/28/2008 7:31:09 PM PST by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: umgud

** ... and making guns in this country childproof.**

And in the last year or two, I’ve only heard of 1 incident... and that was a bunch of Stoned Teenagers.

We need Legislation to make firearms LIBERALproof!!! oh, wait, that’s what the TRIGGER is for

/s


14 posted on 11/28/2008 7:34:20 PM PST by gwilhelm56 (Orwell's "1984" .. to Conservatives- a WARNING, to Liberals - a TEXTBOOK)
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To: neverdem

-bflr-


15 posted on 11/28/2008 7:35:21 PM PST by rellimpank (--don't believe anything the MSM tells you about firearms or explosives--NRA Benefactor)
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To: USAF70; FlingWingFlyer

One of the common law rights our ancestors brought with them from England was the right to own and bear arms for the purpose of hunting and personal defense.

As I become reacquainted with the Consitution in connection with the O eligibility issue, it appears the language of the 9th amendment is more powerful than the misleading language of the 2d Amendment. The Heller case was a close decision and it may not be for long.

“The enumeration in the Consittuition of certain rights shall not be construed to deny or disparage others retained by the people.”

I will do some research and get back to you.


16 posted on 11/28/2008 7:38:14 PM PST by frog in a pot
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To: Squantos
FOIC as in Illinois nationwide, then ....Fees and License for EBR’s and HiCaps.

Followed up by mass civil disobedience, non-compliance and independence movements. There will be no ID cards identifying gunowners like jews.

Followed in August of 2010 a constitutional convention that repeals the 2nd.

And declarations of independence from the Western States for Christmas.

17 posted on 11/28/2008 7:39:34 PM PST by Centurion2000 (To protect and defend ... against all enemies, foreign and domestic .... by any means necessary.)
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To: neverdem
"As President, I will uphold the constitutional rights of law-abiding gun-owners, hunters, and sportsmen. I know that what works in Chicago may not work in Cheyenne."

News flash Obama- The second amendment right to bear arms applies equally to people living in Chicago and people living in Cheyenne.

You are always bragging about how you are going to be a "smart" President and do "smart" things; How about being smart enough to realize that criminals do not obey laws, no matter how many you pass. That includes gun laws, which your own home town of Chicago proves criminals do not obey. Guns do not commit crimes, criminals do. There is no such thing as a "gun crime".

18 posted on 11/28/2008 7:42:35 PM PST by Nathan Zachary
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To: frog in a pot

“I will do some research and get back to you”.

Please do.


19 posted on 11/28/2008 7:51:26 PM PST by USAF70 (I'm a bitter clinger)
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To: Centurion2000
There will be no ID cards identifying gunowners like jews.

Sorry but there already ARE Firearms Owners Identification Cards in Illinois. We KNOW that the sheeple there drank the Koolaid as will 80% of the nation if they think this is all Obama Inc wants in the form of gun control. I don't like it any better than you but as I stated FOIC's are already in at least one state.

We can't ignore what "may" happen just because we don't like it. doing so got us where we are now IMO. We "must" consider all things possible and go offensive by winning back congress to ease the damage this fool and his handlers will do to this nation.

20 posted on 11/28/2008 7:52:20 PM PST by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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