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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
KEYWORDS:
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To: Kevin Curry

Every one of them.

41 posted on 10/16/2001 12:24:31 PM PDT by Justa
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To: Kevin Curry
"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."

There are a couple of questions I would love to ask these distinguished and intelligent gentlemen. (1) You have singled out the tool of choice for the perpetrators of this violence you speak of, but can you describe the root causes of this violence? (2) Would the loss or reduction of the deterrent affect, provided by an armed population, be far worse than a reduction of gun related violence? Isn't the threat of tyranny far greater that the present weakness in our social fabric? (3)Wouldn't it be far wiser for government to examine why Americans are violent...and use guns? (hint:drug prohibition)And shouldn't we use our resources to reduce the sociopath tendencies of many Americans.....And not focus on a tool that the large majority of Americans posses and use legally...and with care?

42 posted on 10/16/2001 12:27:00 PM PDT by hove
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To: Kevin Curry
"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. " [the leftists ]

Not true--if it were true they would cite the U.S. Supreme Court cases that say that (Of course the 9th Circuit Court of Appeals has said an individual does not have a right to a gun)

43 posted on 10/16/2001 12:27:19 PM PDT by gatex
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To: Kevin Curry
The last time I looked up regulated in websters it meant supplied. A well supplied militia.....

These idiots want to make the masses believe that regulated means burdened with rules and nonsense.

Just insert speech or its equivalent in place of firearms and imagine that they are talking about the right to free speech.

You quickly get the idea of what their brand of reasonable is and it is somthing aligned with communism.

44 posted on 10/16/2001 12:28:35 PM PDT by Pylot
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Comment #45 Removed by Moderator

To: hove
Isn't the threat of tyranny far greater that the present weakness in our social fabric?

I think the thing you miss is that these people are all for tyranny as long as they are in charge.

46 posted on 10/16/2001 12:33:22 PM PDT by FreeTally
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To: Kevin Curry
Akhil Amar is of Indian ancestry, as his name implies. His brother, Vikram, also a law professor, is even more clearly Indian. Not that it makes a plus or minus as to the validity or invalidity of his views.
47 posted on 10/16/2001 12:36:05 PM PDT by BohDaThone
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To: Kevin Curry
Our politics run the gamut.

....from orthodox Marxism to Left-wing socialism.

48 posted on 10/16/2001 12:37:19 PM PDT by Lizavetta
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To: Kevin Curry
I do care about what the 2nd amendment says--I WILL own firearms and protect my family if that is what I deem necessary.
49 posted on 10/16/2001 12:38:52 PM PDT by C-MAN
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To: The Shootist
Judge Bork is on the record as saying the 2nd Amendment does not confer a right

He's correct about that.

The 2nd Amendment does not confer that right. It only proscribes government infringement on that right. Read it yourself and see. It doesn't say "The people shall have the right to bear arms.", it says "...the right ... shall not be infringed".

Only God grants rights.

50 posted on 10/16/2001 12:40:03 PM PDT by DuncanWaring
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To: Kevin Curry
Gun Quotes
51 posted on 10/16/2001 12:43:36 PM PDT by B Knotts
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To: Born to Conserve
Probably doesn't know the rules for baseball, let alone the first ten amendments.
52 posted on 10/16/2001 12:43:55 PM PDT by Eric in the Ozarks
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To: Kevin Curry
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.

The best policy would be to follow the 2nd amendment and eliminate gun control. That would reduce killings and violence.

53 posted on 10/16/2001 12:51:08 PM PDT by cruiserman
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To: Kevin Curry
Amar's foray into Utah to bash the Second Amendment is about as bright (and "appropriate") as appearing in Harlem in blackface to hold a cakewalk.......
54 posted on 10/16/2001 12:55:05 PM PDT by tracer
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Comment #55 Removed by Moderator

To: Jolly Rodgers
Nicely summarized.
56 posted on 10/16/2001 1:02:14 PM PDT by Mr. Jeeves
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To: DuncanWaring
True. This right exists eternally, thus is not granted by gov't. Hence the proper acknowledgment is that this ever-existing right cannot be infringed. Stick any other combo into the 2nd amendment, e.g., A well read and informed populace being necessary to the intelligent functioning of a free society, the right of the people to keep and read books shall not be infringed The right precedes all, the right is absolute, we're right always, and might makes right. Right!
57 posted on 10/16/2001 1:03:24 PM PDT by my trusty sig
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To: Kevin Curry
If we don't get these present laws reversed soon it may be too late. After all, these bastards are educating the next generation and may possibly be Supreme Court justices themselves. Heaven forbid.
58 posted on 10/16/2001 1:05:21 PM PDT by stevio
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To: DuncanWaring
Duncan....you've been reading.... .....and the professors, well betya they don't believe in God......or rights, or freedom....or property ownership.
59 posted on 10/16/2001 1:09:37 PM PDT by cbkaty
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Comment #60 Removed by Moderator


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