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I have written to the NRA and been advised that the lawsuit
it is backing to overturn the assault-weapons-and-high-capacity-
magazines ban did not raise the 2nd Amendment as an issue.
It is very curious to me that, for all of the NRA's noisemaking
about the 2nd Amendment, this suit did not raise the 2nd
Amendment as an issue. I have the feeling that the NRA is being
disingenuous and trying to milk gun-banning issues for all of
the membership dues it can get, and that it doesn't really want
this issue decided.
It seems to me that the only *real* reason for not raising
the 2nd Amendment would be to maintain the status quo
and keep the fear of gun banning and confiscation alive
for the financial benefit of the NRA and other organizations
that profit from accepting money, particularly to support
*political* action, in the name of fighting for 2nd Amendment
rights. It is absurd to pursue political action rather than
resolving the issue in the courts first because we either have
these rights under the Constitution or we don't -- as determined
by the U.S. Supreme Court (and any state supreme courts that
interpret their state constitutions as providing broader
gun ownership protections than does the U.S. Constitution).
If we have a constitutional right to own and use certain firearms,
there is no need for all of the expensive lobbying and political
action. If we don't, *then* gun owners and others interested in
personal responsibility and liberty need to pursue political action.
But, it is ridiculous to throw money into political action before
the U.S. Supreme Court has declared that the 2nd Amendment doesn't
mean what it says and that earlier court decisions are not to be
followed. And, it is disingenuous and hypocritical for the NRA and
other self-declared 2nd Amendment advocates to accept money
in the name of advocating for the enforcement of the 2nd
Amendment when they avoid bringing the issue before the one
authority that has the final say in the matter.
I will be pursuing this matter further by contacting NRA's
attorneys. In the mean time, copies of my correspondence
with the NRA (deleting extraneous quoting) follow:
___
Date : Sat Jan 17
From : Alex Vasauskas
To : nra-contact@NRA.org
Subj : Gun rights progress
NRA:
I am a member and am interested to know the status of what
the NRA is doing to overturn the "assault weapons" and
high-capacity magazines ban. It is ironic to me that the
Brady law was quickly brought to the U.S. Supreme Court, but
that I have heard nothing regarding the assault weapons ban,
particularly in light of the fact that, in addition to the
clear language of the 2nd amendment to the U.S. Constitution,
the U.S. Supreme Court has determined that it is contemporary,
military-type weapons that are protected by the 2nd amendment.
(See U.S. v. Miller, 307 U.S. 174 (1939):
In the absence of any evidence tending to show that
possession or use of a "shotgun having a barrel of less
than eighteen inches in length" at this time has some
reasonable relationship to the preservation or efficiency
of a well regulated militia, we cannot say that the
Second Amendment guarantees the right to keep and bear
such an instrument. Certainly it is not within judicial
notice that this weapon is any part of the ordinary
military equipment or that its use could contribute to
the common defense.
and Lewis v. United States, 445 U.S. 95 (1980).
I am currently an annual member. With my membership about to
expire in a couple of months, I have been receiving your mailings
asking for my renewal. Unfortunately, it seems that the NRA has
is more interested in my money than in truly defending gun rights
because it has not done the one thing that should end the current
gun ban and help to defend other gun ownership: challenge it in
court. I vacillate between renewing my annual membership, becoming
a life member, and ending my association with the NRA because, among
other things, its talk about the 2nd amendment is empty without a
willingness to take it to court.
Please advise me what you have done and plan to do in this regard.
Thank you,
Alex Vasauskas
___
Date : Sun Jan 25
From : groots@nra.org
To : Alex Vasauskas
Subj : Re: Gun rights progress
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