The Second Amendment provides: "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."
Given the reference to "a well regulated Militia" and "the security of a free State," the ACLU has long taken the position that the Second Amendment protects a collective right rather than an individual right. For seven decades, the Supreme Court's 1939 decision in United States v. Miller was widely understood to have endorsed that view.
The Supreme Court has now ruled otherwise. In striking down Washington D.C.'s handgun ban by a 5-4 vote, the Supreme Court's 2008 decision in D.C. v. Heller held for the first time that the Second Amendment protects an individual's right to keep and bear arms, whether or not associated with a state militia.
The ACLU disagrees with the Supreme Court's conclusion about the nature of the right protected by the Second Amendment. We do not, however, take a position on gun control itself. In our view, neither the possession of guns nor the regulation of guns raises a civil liberties issue.
(To read the whole article, click on the title of this article.)
It seems that despite D.C. v. Heller, the ACLU still has their own world view of rights, and in their minds, the right to keep and bear arms is a collective right, not an individual right. They even like to misrepresent US v. Miller, just like the gun control groups do.
In actuality, US v. Miller simply said that a sawed off shotgun was NOT a militia weapon, and not subject to protection of the 2nd Amendment. But this shouldn't really surprise any of us. The ACLU is practically run by anti-gun types. So I expect this attitude to exist even if SCOTUS comes out and says the 2nd Amendment is an absolute individual right (Yeah, I know, don't hold your breath on this either.).
Still, it's nice to know who your friends, and who your enemies are. I think we all know what category the ACLU fits in.
Current Mood: Not really surprised
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