From WorldNetDaily:
A Second Amendment advocacy organization is asking the Bush administration to withdraw a legal brief that leaders fear could be used to support "any gun ban – no matter how sweeping," as long as some court somewhere determines it is "reasonable."
The concern comes from Larry Pratt, executive director of Gun Owners of America, whose group is pleading with the Bush administration to withdraw an anti-gun brief filed by the U.S. Solicitor General in a Supreme Court case regarding a District of Columbia ban on handguns.
The document from U.S. Solicitor General Paul D. Clement noted since "unrestricted" private ownership of guns clearly threatens the public safety, the Second Amendment can be interpreted to allow a variety of gun restrictions.
His brief suggests gun rights are limited and since they are subject to "reasonable regulation," all gun limits imposed by the federal government should be affirmed as constitutional.
"Given the unquestionable threat to public safety that unrestricted private firearm possession would entail, various categories of firearm-related regulation are permitted by the Second Amendment," he wrote in the brief.
But Gun Owners of America, a grass-roots lobby representing more than 300,000 Americans, said the opinion creates a huge threat to the constitutional provision banning the "infringement" of the right to bear arms.
"If the Supreme Court were to accept the Solicitor General's line of argument, D.C.'s categorical gun ban of virtually all self-defense firearms could well be found to be constitutional…" Pratt said.
Worse, when the standard for evaluating gun bans becomes "reasonable," there is nothing else needed in order for a court somewhere to decide that all guns should be forbidden.
"In contrast to other provisions in the Bill of Rights, which can only be trumped by 'compelling state interests,' the Second Amendment would be relegated to an inferior position at the lowest rung of the constitutional ladder, should the Justice Department prevail," said Pratt.
