In a time when attacks on the constitutional freedom to keep and bear arms are incoming daily from anti-gun zealots, it is important to shore up legal defenses. There are far too many so-called “leaders” who want nothing more than to strip your freedoms and leave you defenseless.
The Senate Judiciary Committee members jointly cosponsored the Respect for the Second Amendment Act to insert the high court decision into the law of the land and protect gun rights everywhere.
Specific provisions of the sweeping proposal include codifying protections into federal law that would prevent future high court decisions from eroding gun rights.
The bill would permit lawsuits “against any law, rule, ordinance, etc., that infringes on Second Amendment rights.” If a private lawsuit is won, the burden of attorney fees and legal expenses would be shifted to the government.
And the act enables courts to strike down gun control laws on state and local levels that conflict with federal law.
Sen. Lindsey Graham (R-SC), the ranking committee member, congratulated the group for “speaking in one voice” when it comes to defending the right to keep and bear arms. “Now more than ever, it is important that Congress recognize and support that the Second Amendment is an individual right and that the right to bear arms to defend oneself is an integral part of American society.”
Last year’s Bruen ruling significantly strengthened the legal position of pro-gun advocates, but it is no guarantee that future court rulings may chip away or completely reverse the progress. As Graham expressed, the proposal would “memorialize” the high-profile cases and “provide further protection to the Second Amendment.”
The court last year struck down a long-standing New York state law severely limiting the right to concealed carry as unconstitutional.
New Yorkers had to go through a lengthy and unwieldy process to get a permit to carry firearms outside the home. Part of it was to prove the nearly impossible — that there was a specific threat that necessitated being armed for self-defense.
Sen. Chuck Grassley (R-IA), former Judiciary Committee chairman, released a statement strongly supporting the proposal.
“It is important that we continue to protect the Second Amendment rights of all law-abiding Americans through legislation like this,” he wrote. “Our history and Constitution are clear. Americans have the right to bear arms. This bill will codify and strengthen many of the court decisions from recent years affirming that right.
Congressional critics of the current wave of gun control legislation argued that law-abiding citizens should not be subjected to “arbitrary requirements and government bureaucracy” to apply for a concealed carry permit. Sen. John Cornyn (R-TX) added that citizens of his state should be able to freely exercise their constitutional rights.
Of course, the Constitution covers every state in the Union, though there are some that actively seek to dismantle parts of it in their jurisdictions.
Sen. Tom Cotton (R-AR), added that the Supreme Court in 2022 made it crystal clear that Americans have “undeniable Second Amendment rights that cannot be taken away.” He specified these rights are not to be unraveled by the state of New York or anyone else. Not only does the bill buttress the Second Amendment against future assaults, but it allows law-abiding citizens to legally challenge efforts to strip them of their freedoms.
To be clear, the federal judiciary is charged with interpreting the law. Only the Constitution and Congress establish the law that is to be interpreted, and this new act is an important step towards codifying for the long term the rights of this and future generations to keep and bear arms.
