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Gang of 47: Professors oppose Second Amendment
Viking Phoenix ^ | March 28, 2000 | Sun Tzu's Newswire (STN 2000-021)

Posted on 10/16/2001 9:01:58 AM PDT by Kevin Curry

An Open Letter to the NRA

March 27, 2000

Mr. Charlton Heston
President
National Rifle Association of America
11250 Waples Mill Rd.
Fairfax, Virginia 22030

Dear Mr. Heston,

We are law professors and historians who have a deep interest in the Second Amendment and its implications for the regulation of guns and of gun ownership. Our politics run the gamut. But we are united on the vital importance of putting to rest any misperception that the Second Amendment prohibits a wide range of effective and reasonable firearms regulations.

There is room for debate about which firearms policies will best serve Americans. But the law is well-settled that the Second Amendment permits broad and intensive regulation of firearms, including laws that ban certain types of weapons, require safety devices on others, mandate registration and licensing and otherwise impose strict regulatory oversight of the firearms industry. These and similar regulations are fully consistent with the Second Amendment.

The Second Amendment quoted in full states that 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 United States Supreme Court and every federal appellate court to consider the issue have held that the Second Amendment permits a wide range of reasonable gun control laws. And although academic views differ regarding whether the Second Amendment does more than protect the state militia from being disarmed by federal law, we all agree that the Amendment plainly permits reasonable firearms regulations including those set forth above.

The National Rifle Association’s repeated suggestions that the Second Amendment somehow stands in the way of effective and reasonable regulation of guns and gun ownership is a distortion of legal precedent and a disservice to all Americans, the great majority of whom support thoughtful firearms policies. The issue at hand transcends the liberal/conservative divide: prominent conservatives like the late Chief Justice Warren Burger and the late Solicitor General Erwin Griswold allied themselves against the NRA’s overbroad reading of the Second Amendment. Moreover, as this letter makes clear, it is false and misleading for the NRA to cite any of us or our scholarship as authority for the notion that the Second Amendment prohibits reasonable regulation of the manufacture, transfer, ownership and possession of guns.

We encourage you and your supporters to focus on the real issue facing our country and it isn’t the Second Amendment. The central issue on which we all should focus is what sort of firearms legislation and policies will best prevent the killings and violence that plague our country today.

Sincerely,

(see attached list of endorsers)

cc: Wayne LaPierre, NRA Executive Vice-President

Academic Endorsers of the Letter to Charlton Heston Regarding the Second Amendment:

1. Akhil Reed Amar Southmayd Professor of Law Yale Law School On leave of absence, spring term, 2000.
2. Edward Ayers Hugh P. Kelly Professor of History University of Virginia
3. Michael Bellesiles Professor of History Emory University
4. Carl T. Bogus Professor of Law Roger Williams University Law School

et al


TOPICS: Constitution/Conservatism; Miscellaneous
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I thought I would abbreviate the list of signers by ending it with the signer having the most appropriate name: Carl T. Bogus

My interest was piqued when a friend informed me that signer Professor Akhil Reed Amar has been invited to bash the Second Amendment at the University of Utah Law School on October 25 at 7 PM. There is no reason to suspect that his apparent Middle-Eastern ancestry has anything to do with his anti-Second Amendment position, but because of his name his speech is likely to draw more interest than it would have prior to Septmeber 11.

Maybe the good FReepers of Utah should think about showing up to FReep the good Professor Amar (who was also one of Clinton's most vigorous defenders in academia during the impeachment debacle).

Note: I have no prior knowledge of "Viking Phoenix" or its other positions. I merely pulled this letter from its site. This same letter might have been pulled from any of a number of sites.

1 posted on 10/16/2001 9:02:02 AM PDT by Kevin Curry
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To: Kevin Curry
Our politics run the gamut.

LOL.

2 posted on 10/16/2001 9:04:25 AM PDT by untenured
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To: untenured
From far Left to faaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaar left :)
3 posted on 10/16/2001 9:06:31 AM PDT by TheBigB
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To: *bang_list
Added to bang_list. (Click HERE to show most gun-related articles recently posted on FreeRepublic.com.)
4 posted on 10/16/2001 11:56:44 AM PDT by Skibane
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To: Kevin Curry
Like my daddy used to say, "Anyone can make a simple mistake, but it takes an advanced degree to really screw something up!"
5 posted on 10/16/2001 11:57:32 AM PDT by fleur-de-lis
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To: Kevin Curry
It is obvious that these professor can not understand plan english. The Second Amendment is very clear. I do not need so body to tell me what it means. They think that you need a law degree to understand this that the problem. These professors can't think for them selfs.
6 posted on 10/16/2001 12:00:37 PM PDT by riverrunner
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To: Kevin Curry
>>Our politics run the gamut.

You bet. All the way from Ted Kennedy to Sarah Brady. Thanks for the laugh.

Meanwhile, gun sales are up over 500%...

7 posted on 10/16/2001 12:01:10 PM PDT by pabianice
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To: Kevin Curry
Our politics run the gamut.

Yes, some of us are Maoists, some Stalinists, some are Leninists, and some of us are adherents of Trotsky. Oh and yes, some of us are just out and out Fascists. And I musn't forget those of us who are devout followers of Sartre.

8 posted on 10/16/2001 12:02:22 PM PDT by freedomcrusader
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To: Kevin Curry
"A well regulated militia being a necessity to a free State, the Right of the people to keep and bear arms shall not be infringed

Apparently plain English is beyond the ken of these 'professors'.

L

9 posted on 10/16/2001 12:02:48 PM PDT by Lurker
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To: Kevin Curry
Michael Bellesiles Professor of History Emory University

The same Bellisiles whose data suggeting minimal historical firearms ownership in the U.S. has been so publicly revealed as completely fabricated? The same professor, who even the Boston Globe has denounced as a charlatan? This is who Carl T. Bogus and friends are aligning themselves.

Birds of a feather...

10 posted on 10/16/2001 12:02:49 PM PDT by Wm Bach
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To: Kevin Curry
If these "Bogus" professors and historians knew what they were talking about, they would understand the meaning of the term 'well-regulated' in the Second Amendment. It refers to the condition of the firearms maintained by the militia members, who were supposed to keep them in good operating order and well-sighted so they would be effective against all enemies, foreign and domestic. And, in spite of the events of September 11, I still believe our worst enemy is of the domestic variety, those who would destroy us from within.
11 posted on 10/16/2001 12:03:47 PM PDT by Leesylvanian
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To: Kevin Curry
Whether they are right or wrong isn't the issue. The Constitution no longer exists as a check upon the Federal Government. To paraphrase Newt Gingrich when asked why it took an Amendment to ban the sale of Alcohol but not Cannabis, he said, "Your right, but times have changed".

Even so august a conservative personage as Judge Bork is on the record as saying the 2nd Amendment does not confer a right of a individual to posess firearms.

It is not your grandfather's Constitution and the current crisis will ensure that when all is said and done it won't be our Constitution either.

Mourn the Republic
1776-2001

12 posted on 10/16/2001 12:05:13 PM PDT by The Shootist
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To: Kevin Curry

THe right to bear arms shall not be infringed. Period. Powers shall compete to serve the people, and people shall not compete to serve Powers. Government, in as much it is made of competing powers, is good, else it is bad. THe right to bear arms is the corner stone of the balance between the federal government and the local governments, down to the individual who govern himself or herself. A well regulated militia NEVER meant a militia with Federal Stamp Approval. It only meant that people governing themselves properly: i.e. not lunatics, criminals, retards, insanes, liberals and muslims and much more.

How hard is it to understand?

13 posted on 10/16/2001 12:05:17 PM PDT by lavaroise
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To: Lurker
It never ceases to amaze me..the ignorance of some who ''profess'' to be able to read and comprehend and yet they fail to. Those people are paid big bucks too.
14 posted on 10/16/2001 12:05:25 PM PDT by Freedom2specul8
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To: Kevin Curry
Who told these simple minded navel pickers that anyone cares what they "think". Gun ownership is common law by now and backed up by the Constitution. To register a gun is far too invasive of a persons privacy, to regulate what type of gun a person owns is to "infringe" on his right to be "well armed". They don't have a leg to stand on, any action they or the courts take to regulate arms is totalitarian and not acceptable.
15 posted on 10/16/2001 12:05:30 PM PDT by MissAmericanPie
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To: Kevin Curry
"But the law is well-settled that the Second Amendment permits broad and intensive regulation of firearms..."

Well, then it need to become unsettled.

I never have, nor will I ever register a single one of my weapons, any more than I have ever had to "register" to avail myself of any other right under the Bill Of Rights. And as the government, or this august body of professors disagrees, they can simply go to hell.

Register abortions, where by Constitutional fiat, the demise of a life is a fait accompli. Not the gun, where it is merely assumed.

16 posted on 10/16/2001 12:06:52 PM PDT by onedoug
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To: Kevin Curry
Three morons who can't understand English and one proven liar. They should all be fired for stupidity.
17 posted on 10/16/2001 12:07:17 PM PDT by Shooter 2.5
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To: Kevin Curry
Michael Bellesiles Professor of History Emory University

So, did you ever manage to dry out that "evidence" of yours? If so, where is it? Burned in a fire? Lost in the mail? The dog ate it?

18 posted on 10/16/2001 12:07:24 PM PDT by steve-b
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To: Kevin Curry
Well, if "Akhil Reed Amar Southmayd Professor of Law Yale Law School" says Americans shouldn't have guns, that's good enough for me!
19 posted on 10/16/2001 12:07:53 PM PDT by Born to Conserve
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To: Kevin Curry
I am a professor. If you can start a petition FOR the 2d Amendment, I'll be proud to have my name on it FIRST.
20 posted on 10/16/2001 12:08:35 PM PDT by LS
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