Friday, February 08, 2008

DeFazio Joins Bipartisan Majority Opposed to D.C. Gun Ban

God bless America and Oregon Democratic Representative Peter DeFazio--we've got a show of some sanity and courage from Congress, which is weighing in on the District of Columbia vs. Heller case, which is scheduled for arguments on March 18.

Peter DeFazio joined a bipartisan majority of both houses of Congress that filed an Amicus Brief urging the Supreme Court to overturn the blatantly unconstitutional D.C. gun ban:

As reported in today's Washington Post:

"Majority of Hill Stands Against D.C. Gun Ban"

"A majority of the Senate and more than half of the members of the House will file a brief today urging the Supreme Court to uphold a ruling that the District's handgun ban violates the Second Amendment. . . Sen. Kay Bailey Hutchison (R-Tex.), who led the effort to file the friend-of-the-court brief, said her staff could not find another instance in which such a large portion of Congress had taken a position on an issue before the court . . . Hutchison and Sen. Jon Tester (D-Mont.), who spoke at a Heritage Foundation said the court could find D.C.'s law unconstitutional without another trip through the courts and without endangering Congress's ability to pass other gun control legislation, such as banning assault weapons."

Way to go Tester! This proves the importance of the U.S. Senate races in 2008 and the need for us to back our pro-2nd Amendment Democratic candidates for Congress.

I should also note (as mentioned in the article) that the Bush administration is SUPPORTING THE DISTRICT in its effort to maintain bans on personal or individual ownership of firearms (another reason Bush sucks, as if we needed one.)

Here's a portion of the Amicus Brief worth highlighting:


Congress has historically viewed the Second Amendment as protecting from infringement the right of the people at large to keep and bear arms. It has further regarded ordinary, commonly-possessed rifles, handguns, and shotguns to be constitutionally protected arms. It has also passed regulations for engaging in firearms businesses and to require background checks on firearm transferees, and has restricted certain dangerous categories of persons from possession of firearms.99 None of these laws is called into question by the lower court’s limited holding.

The standard for whether a right is “fundamental” is whether it is “explicitly or implicitly protected by the Constitution, thereby requiring strict judicial scrutiny.” San Antonio Independent School Dist. v. Rodriguez, 411 U.S. 1, 17 (1973). The right of the people to keep arms is obviously such a right. Yet even if this Court applied a lower “reasonableness” test
as the standard of review, the District’s handgun ban is unreasonable on its face. The lower court’s categorical approach in holding a prohibition on handguns to be unconstitutional per se was correct."

There it is; hard to be any clearer than that. Let's hope SCOTUS sees the light.

Here's the list of members of the House and Senate cosigning the amicus brief. Remember to send Peter DeFazio your warmest regards and contributions!



leprechaun said...

Yep, most of the cosigners have an R beside their name. Good for Defazio, though.

Jonathan said...

Good news, indeed.

thanks for posting this.

RightDemocrat said...

Democratic Senators Max Baucus of Montana, Bob Casey of Pennsylvania, Russ Feingold of Wisconsin, Tim Johnson of South Dakota, Blanche Lincoln of Arkansas, Ben Nelson of Nebraska, Ken Salazar of Colorado, Jon Tester of Montana and Jim Webb of Virginia effectively make up the pro-RKBA caucus among Senate Democrats.

The following House Democrats stood up for our 2nd Amendment rights:
Representative Jason Altmire (PA)
Representative Michael A. Arcuri (NY)
Representative Joe Baca (CA)
Representative Brian Baird (WA)
Representative John J. Barrow (GA)
Representative Marion Berry (AR)
Representative Sanford D. Bishop (GA)
Representative D. Daniel Boren (OK)
Representative Leonard L. Boswell (IA))
Representative Frederick C. Boucher (VA)
Representative F. Allen Boyd, Jr. (FL)
Representative Nancy Boyda (KS)
Representative Dennis A. Cardoza (CA)
Representative Christopher P. Carney (PA)
Representative A. Benjamin Chandler, III (KY)
Representative Stephen Cohen (TN)
Representative Jim Cooper (TN)
Representative Joseph D. Courtney (CT)
Representative Jerry Costello (IL)
Representative Bud Cramer, Jr. (AL)
Representative R. Enrique Cuellar (TX)
Representative Artur Davis (AL)
Representative Lincoln E. Davis (TN)
Representative Peter DeFazio (OR)
Representative John Dingell (MI)
Representative Joseph. Donnelly (IN)
Representative Chet Edwards (TX)
Representative Brad Ellsworth (IN)
Representative Gabrielle Giffords (AZ)
Representative Kirsten R. Gillibrand (NY)
Representative Barton J. Gordon (TN))
Representative R. Eugene Green (TX)
Representative Stephanie M. Herseth Sandlin (SD)
Representative Brian M. Higgins (NY)
Representative Baron Hill (IN)
Representative Paul W. Hodes (NH)
Representative T. Timothy Holden (PA)
Representative Steven L. Kagen (WI)
Representative Paul Kanjorski (PA)
Representative Ronald Kind (WI-3, D)
Representative Nick Lampson (TX)R
Representative Timothy Mahoney (FL)
Representative James C. Marshall (GA)
Representative James D. Matheson (UT)
Representative D. Carmichael McIntyre, II (NC)
Representative Charlie Melancon (LA)
Representative Michael H. Michaud (ME)
Representative Harry E. Mitchell (AZ-)
Representative Alan B. Mollohan (WV)
Representative John P. Murtha, Jr. (PA)
Representative James L. Oberstar (MN)
Representative Solomon P. Ortiz (TX)
Representative Collin C. Peterson (MN)
Representative Earl R. Pomeroy (ND)
Representative Nick J. Rahall, II (WV)
Representative Silvestre Reyes (TX)
Representative Ciro D. Rodriguez (TX)
Representative Michael A. Ross (AR)
Representative Timothy J. Ryan (OH)
Representative John T. Salazar (CO)
Representative J. Heath Shuler (NC)
Representative Zachary T. Space (OH)
Representative John S. Tanner (TN)
Representative Gene Taylor (MS)
Representative Timothy J. Walz (MN)
Representative Charles A. Wilson (OH)

Jonathan said...

The waas only one IL democrat on that list.


Anonymous said...

Barack doesn't believe in the Second amendment or the Contitution.

In Fact he is a Disciple of Saul Alinsky.

Barack is a Marxist following his Mentor William Ayers and Saul Alinsky as well as James Cone.

Barack went to Kenya to support Raila Odinga in his run for President.

When Raila Lost, his supporters Murdered Thousands of Christians
because Raila had made a deal to Institute Sharia Law if he won.

Barack Supports The DC HandGun Ban.

Barack supports the reinstitution of the Assault weapon Ban.

Barack supports Prohibitivly High taxation on all Ammo.

Barack holds all working class people in contempt eve though he claims to be for the "Middle Class"

This is right out of "Rules for Radicals". Co-opt the Middle Class in order to Destroy the Middle Class.

Even two Years of Barack as President will Damage America beyond repair.

The New Tax Schemes will have been instituted and will Never go away.

Once the people receiving government entitlements exceeds 50%
of the Electorate They will forever Vote themselves raises and Enslave the people that still work for a living.

Barack will be the Death of Democracy in America.

Anonymous said...

^^ nice blog!! ^@^

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