Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Senate Subcommittee Holds Hearing on Second Amendment

Friday, February 15, 2013

On Tuesday, February 12, career gun control advocate Sen. Richard Durbin (D-Ill.) held a Senate Judiciary Committee hearing inappropriately titled, "Protecting Our Communities While Respecting the Second Amendment."  Much of the hearing featured a severe lack of respect for the Second Amendment, though, as the panel was stocked with several gun control supporters and was presumably aimed at invigorating the country's waning appetite for anti-gun legislation.

The attack on guns began at the outset of the hearing, with Sen. Durbin's opening remarks. In his statement, Sen. Durbin endorsed all manner of federal gun control proposals, including legislation criminalizing the private sales of firearms, a ban on popular semi-automatic rifles and shotguns, and a magazine capacity limit. Showing his disdain for gun ownership, the senator seemed to set gun owners apart from other Americans when he asked rhetorically, "Can we protect a person's right to own a firearm and still say to the rest of America, we also need to protect your right to life, to peace, to freedom from violence from those same firearms?"

Following Sen. Durbin, the subcommittee's ranking Republican, Sen. Ted Cruz (R-Texas), issued a staunch defense of the Second Amendment, citing Supreme Court Justice Joseph Story's remarks that it is the "palladium of liberty."  Sen. Cruz went on to make clear that, in his view, "the divide on this issue is fairly straight forward, the focus of law enforcement should be on criminals… At the same time, I think we should continue to respect and protect the constitutional rights of law abiding citizens."

The first panel consisted of only one witness, United States Attorney for the Western District of Virginia Timothy J. Heaphy. Toeing the line for his boss, Attorney General Eric Holder, Heaphy endorsed several of the gun control proposals under consideration. However, when Sen. Cruz asked if there was any empirical data that restricting the rights of law-abiding citizens reduces crime, Heaphy could not provide a definitive answer and admitted there is lack of correlation between gun control and murder: "It's very, very difficult to find data that any individual factor, be it gun membership, be it poverty, be it educational opportunity is tied directly to the murder rate."

Later on, Sen. Orrin Hatch (R-Utah) questioned Heaphy on his testimony that the Heller decision allowed for "time, place, and manner" restrictions on the right to keep and bear arms, pointing out that a ban on semi-automatics would be more than just a "time, place, and manner" regulation. Sen. Hatch also pressed Heaphy on his testimony that the Department of Justice prioritizes prosecution of those who evade background checks rather than those who try to purchase a firearm and fail. Sen. Hatch noted, "Now I think this shows what has been obvious to many people for a long time, that criminals don't walk into a gun shop to buy weapons and submit themselves to a background check. They get them off the street. You know it. I know it." To which Heaphy responded, "That's exactly right, sir." Exposing the false logic of "universal" background checks, Sen. Hatch then replied, "In other words, the people who we least want to have a weapon…  are least likely to be caught by a background check. So, you know, some on our side wonder why, then, do we raise all this fuss about background checks when we have them in existence but they're not going to be abided by anyway?"

Leading the second panel of witnesses was Harvard Law Professor Laurence Tribe, who famously drew the anger of anti-gun activists following the 1999 publication of a revised edition of his book, "American Constitutional Law," which stated that the Second Amendment protects an individual right. However, Tribe is admittedly anti-gun, having told a New York Times reporter in 2007, "'My [individual right] conclusion came as something of a surprise to me, and an unwelcome surprise… I have always supported as a matter of policy very comprehensive gun control." Tribe did not upset anti-gun activists with his testimony this week, arguing for the constitutionality of nearly every federal gun control proposal offered in Congress. (Joining Tribe in this effort was Prof. Daniel Webster of the Johns Hopkins Bloomberg School of Public Health, who summarized the material from a Bloomberg-sponsored anti-gun summit in mid-January.)

In contrast to Tribe was the testimony offered by former Assistant Attorney General Charles J. Cooper, who has long represented NRA in major constitutional litigation. Cooper defended an interpretation of the Second Amendment that broadly protects individual rights. Citing Heller and McDonald, Cooper stated, "The fundamental Second Amendment right to arms is entitled to no less respect than other fundamental rights protected by the Bill of Rights… it is not to be treated as a second class right or singled out for special and specially unfavorable treatment." Following on this point, Cooper noted, "The government… may no more prevent a law-abiding, responsible citizen from keeping an operable firearm in his bedside table drawer, then it may prevent him from keeping a copy of 'The Collected Works of Shakespeare' or his Bible or his Koran, in that drawer." On the topic of proposed semi-automatic bans, Cooper explained that the Second Amendment protects the kinds of arms "in common use," and went on to say, "standard magazines, holding more than 10 rounds, and the firearms outfitted for them, are by any reasonable measure, in quite common use in the United States."

Lending a human face to the costs of civilian disarmament was former Texas state representative and Luby's massacre survivor Suzanna Hupp. Rep. Hupp shared the story of the murder of her parents and 21 others at the hands of a deranged gunman inside a Killeen, Texas cafeteria. Because the crime occurred before the passage of Texas' Right-to-Carry law, Rep. Hupp had been forced to leave her pistol in her car while eating. In powerful testimony, she explained to the senators the target of her anger following the murders, stating, "You don't be mad at the rabid dog… But I've got to tell you, I was mad as heck at my legislators because I honestly believe that they legislated me out of the right to protect myself and family."

In the coming weeks and months there will be more hearings like this one, aimed at drumming up support for bills to curb your rights. To ensure lawmakers know you will hold them accountable if they support such legislation, contact your legislators by using NRA-ILA.org's "Write Your Representatives" tool or contact Congress by phone at (202) 224-3121.

TRENDING NOW
VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

NRA Applauds President Trump’s Selection of Senator J.D. Vance as His Running Mate

News  

Second Amendment  

Monday, July 15, 2024

NRA Applauds President Trump’s Selection of Senator J.D. Vance as His Running Mate

Following President Donald J. Trump’s announcement of his selection of U.S. Senator J.D. Vance as his running mate, the National Rifle Association of America (NRA) released the below statements.

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

Friday, July 12, 2024

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

On Friday, July 12th, Governor Chris Sununu (R-New Hampshire) signed HB 1186, "an act relative to firearm purchaser's privacy."

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA’s Political Victory Fund Endorses President Donald J. Trump

News  

Saturday, May 18, 2024

NRA’s Political Victory Fund Endorses President Donald J. Trump

Today, the National Rifle Association's Political Victory Fund (NRA-PVF) is honored to announce its full endorsement of President Donald J. Trump for re-election to a second term as President of the United States of America. ...

New Orleans Tries an End-run around Constitutional Carry

News  

Monday, July 8, 2024

New Orleans Tries an End-run around Constitutional Carry

Louisiana Governor Jeff Landry (R) assumed office on January 8 of this year and wasted no time working to protect the Second Amendment rights of law-abiding Louisianans. 

The UN’s Circle of Life

News  

Monday, July 8, 2024

The UN’s Circle of Life

The United Nation’s Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons In All Its Aspects (PoA) is now almost 23 years old.

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

News  

Monday, July 8, 2024

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

Gun-control groups campaign against right-to-carry laws by claiming that guns carried in public pose a substantial threat to public safety, and that concealed carry permitting laws lead to more violent crime, not less.

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

Wednesday, May 8, 2024

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

On Tuesday, two gun control measures, House Bill 335 and House Bill 2206, failed by the slimmest of margins in the Pennsylvania House. 

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

News  

Tuesday, July 2, 2024

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Second Amendment Foundation, Firearms Policy Coalition, and California Rifle & Pistol Association, filed a lawsuit challenging California’s 11% excise tax on gross ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.