Explore The NRA Universe Of Websites

APPEARS IN News

Joe Biden Told Voters the Second Amendment DOES NOT Protect an Individual Right

Monday, September 21, 2020

Joe Biden Told Voters the Second Amendment DOES NOT Protect an Individual Right

During a September 2019 “townhall” hosted by New Hampshire ABC affiliate WMUR, Democratic presidential candidate Joe Biden made clear that he does not believe the Second Amendment protects an individual right to keep and bear arms and that the U.S. Supreme Court decision in District of Columbia v. Heller was incorrect.

During the event, Biden was asked, “Do you agree with the D.C. v. Heller decision in regards to protecting the individual right to bear arms that are in common use and which are utilized for lawful purposes?” 

Biden responded in part, “If I were on the court I wouldn’t have made the same ruling. OK, that’s number one.”

Later, the noted resume padder and law school plagiarist boasted,

And I taught for years Constitutional law and separation of powers, I taught the Second Amendment. And the Second Amendment is not absolute. And we can argue, the fundamental argument is well regulated militia and all those things, I won’t get into that. I think that the fundamental argument is the reason that was given as a right because we needed to be able to muster people to deal with an enemy called Great Britain we were fighting in a war.

Aside from his denunciation of Heller and denial that the Second Amendment protects an individual right to keep and bear arms, Biden also displayed a fundamental misunderstanding of the Bill of Rights. The Second Amendment was not “given as a right”by the U.S. Constitution. Rather, as the U.S. Supreme Court made clear in Heller, the Second Amendment protects a right that pre-existed the U.S. Constitution and Bill of Rights.

Biden’s position on Heller and the Second Amendment is in line with that of his running mate Sen. Kamala Harris (D-Calif.). 

As District Attorney of San Francisco, Harris signed on to an amicus curiae brief in Heller that argued the Second Amendment does not protect an individual right to keep and bear arms.

Advocating against the individual right to keep and bear arms, the brief argued,

courts have consistently sustained criminal firearms laws against Second Amendment challenges by holding that, inter alia, (i) the Second Amendment provides only a militia-related right to bear arms, (ii) the Second Amendment does not apply to legislation passed by state or local governments,

According to the document, the Second Amendment does not protect an individual right, but rather, the lower court in Heller “create[d]”this right. The brief stated, 

The lower court’s decision, however, creates a broad private right to possess any firearm that is a “lineal descendant” of a founding era weapon and that is in “common use” with a “military application” today.

Biden’s position on the Second Amendment is also in alignment with recent versions of the Democratic Party Platform. The 2004, 2008, and 2012 editions of the party platform recognized that the Second Amendment protects an individual right. Such recognition of the Second Amendment was conspicuously absent from the 2016 and 2020 versions of the platform. 

The Democratic presidential ticket’s rejection of the correct interpretation of the Second Amendment helps to explain the pair’s advocacy for blatantly unconstitutional gun control measures. Both Biden and Harris have called to ban and confiscate commonly-owned semi-automatic firearms. Biden has made clear that his desired ban would extend to arguably the most popular firearms in America - 9mm pistols. The Heller decision made clear that the Second Amendment protects the right to own firearms “in common use”for lawful purposes like self-defense.

It is hard to overemphasize the extremism of the Democratic presidential ticket’s position on the Second Amendment. A February 2008 USA Today/Gallup poll conducted prior to the Heller decision, asked those surveyed, “Do you believe the Second Amendment to the U.S. Constitution guarantees the rights of Americans to own guns, or do you believe it only guarantees members of state militias such as National Guard units the right to own guns?”The response was unambiguous; 73-percent responded that the Second Amendment guarantees the rights of Americans to own guns, while a mere 20-percent limited that right to state militia members.

A Quinnipiac University poll conducted shortly after the Heller decision, in July 2008, mirrored these results. This poll asked respondents, “Would you support or oppose amending the United States Constitution to ban individual gun ownership?”78-percent opposed such a measure, while only 17-percent were found to be in favor.

And in May 2009, CNN and ORC conducted a similar poll that asked “Which of the following comes closer to your interpretation of the Second Amendment to the U.S. Constitution? In addition to addressing the need for citizen-militias, it was intended to give individual Americans the right to keep and bear arms for their own defense. It was only intended to preserve the existence of citizen-militias, and does not give individual Americans the right to keep and bear arms for their own defense.”Once again, the American public made their position clear; with 77-percent choosing “individual gun ownership”to 21-percent answering “only citizen-militias.” 

Knowing that Biden’s true position on the Second Amendment is political poison, the Biden campaign and its surrogates have done their best to hide the candidate’s views

In March, when a pro-gun Michigan autoworker accurately confronted Biden about the candidate’s attacks on the Second Amendment, a visibly defensive Biden responded that the worker was “full of s***.”Biden went on to falsely claim “I support the Second Amendment.” 

More recently, longtime gun control activist John Rosenthal made the ludicrous claim that “a vote for Joe Biden and Democrats in Congress will…protect gun rights for law-abiding gun owners…”Rosenthal didn’t address how Biden will go about protecting a right that the candidate does not acknowledge exists.

The importance of Biden’s radical view of the Second Amendment cannot be overstated. The fate of the Second Amendment literally hangs in the balance of this election.

TRENDING NOW
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

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

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

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.