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The question before the Supreme Court is whether the Second Amendment right to bear arms will be elevated to the status of fundamental rights, such as freedom of speech, that state's can't abridge.

Anti-Second Amendment advocates like James Feldman, who represented the city of Chicago, argued that guns should be treated differently from anything else in the Bill of Rights because guns are "designed to injure and kill." He said the right to self-defense has been effectively regulated through the political process, especially at the state and local levels.

The military, police, and sportsmen and women know weapons are not “designed to injure and kill”; weapons are designed to protect and serve. Weapons have always protected Americans from threats to our way of life, foreign and domestic; they have served us a means of survival, food, and sport. Weapons are the last line of defense when the gangs invade our homes, kidnap our loved ones, or take our possessions.

How the Supreme Court and the United States answers this question is up to you, what you do to protect your rights, and the success of the NRA. The NRA is leading the legal fight to protect the Bill of Rights. The NRA is pulling the Freedom Wagon other gun rights groups and many citizens are riding in. The question now is, “Are you going to continue to ride in the wagon, or are you going to join the NRA and help pull the wagon?”

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Second Amendment Issues

“Assault Weapons” and “Large” Magazines—Congress allowed the federal “assault weapon” and “large” magazine ban of 1994-2004 to expire because a study of the ban concluded that “the banned weapons and magazines were never used in more than a modest fraction of gun murders.” Nevertheless, gun control supporters demand that a new ban be imposed, and some want it to include M1 Garands and M1 carbines, all semi-automatic shotguns, and pump-action rifles and shotguns. Firearms and magazines targeted by these bans are commonly and increasingly used for defensive, hunting and sporting purposes, and are protected by the Second Amendment.

“Ballistic Fingerprinting”—Gun control supporters want markings on bullets and cartridge cases fired from new handguns to be entered into a database. NRA opposes it, because to enforce it would require gun registration. The National Academy of Sciences has concluded that a national database of such markings is unworkable and shouldn’t be established.

Castle Doctrine–Thirty-three states have laws protecting the right of self-defense, by removing a person’s “duty to retreat” from any place he has a legal right to be.

D.C. Gun Laws—NRA supports federal legislation to conform D.C.’s gun laws to federal law and the Supreme Court’s decision in District of Columbia v. Heller (2008).

Employees’ Right to Transport Guns—Twelve states prohibit employers from firing workers who leave guns locked in personal vehicles on company property.

Firearm Traces—A trace consists of BATFE using a firearm’s make, model and serial number to follow its movement from manufacturer or importer, down the chain of commerce. BATFE and the Congressional Research Service have said traces don’t show how often specific types of guns are used in crimes, traced guns aren’t representative of guns used in crimes, most guns used in violent crimes aren’t traced, and most traced guns haven’t been used in violent crimes.

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The Supreme Court seemed likely to rule for the first time that gun possession is fundamental to American freedom, a move that would give federal judges power to strike down state and local weapons laws for infringing on Second Amendment rights.

At oral arguments Tuesday, the court considered whether its 2008 decision voiding the District of Columbia handgun ban should be extended to the rest of the country. Because Washington is federal territory and not part of a state, the legal basis for imposing federal constitutional limits on gun laws adopted by states had been unclear.

None of the justices from the 2008 majority suggested any reason state handgun bans should be treated any differently. If that's how they rule, legal challenges likely would be mounted against gun regulations across the country.

On its face, the legal question before the court has little relation to policy views regarding gun control and much to do with questions of constitutional history.

The Supreme Court has subsequently held that many constitutional rights considered fundamental to American principles of liberty override state laws. However, more technical provisions—such as the Fifth Amendment requirement that grand juries approve criminal indictments—apply only to the federal government and don't necessarily bind states.

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NRA and Fed Legislation

“Gun Show” Legislation—Sales of guns by dealers at shows already go through the national instant check. Gun control supporters used to say that they wanted checks on non-dealer gun show sales. However, their legislation called for registration of people who attend gun shows, and now they want private sales prohibited entirely.

Mandatory Storage—NRA opposes requiring gun owners to lock all guns when at home, because locked guns cannot be used for self-defense and such a law would be enforceable only by home inspections by the police.

“Microstamping” and “Encoded Ammunition”—NRA opposes requiring that cartridge cases be marked with serial numbers and registered to gun owners. Criminals could simply use stolen guns and ammunition, disfigure or switch barrels or other parts, reload ammunition with fired cartridge cases, or use guns that don’t eject cases automatically.

Protecting FFLs—NRA supports a law to prevent BATFE from revoking firearms dealers’ licenses for insignificant technical violations.

Registration and Licensing—These laws serve no crime-fighting purpose, because criminals don’t register themselves or their guns, and most get guns from theft or the black market. Registration has led to gun confiscation in some foreign countries and some U.S. states. The Supreme Court has ruled that requiring felons to register guns would violate their Fifth Amendment right against self-incrimination.

Right-to-Carry—The federal and 44 state constitutions, and the laws of every state, recognize the right to use guns for defensive purposes. On the whole, RTC permit-holders are more law-abiding than the rest of the population. To protect the privacy of permit holders, 27 states have laws prohibiting the public release of permit holders’ names.

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