Where does the ABA stand on 2ndA? ACLU?
I was wondering how the American Bar Association (ABA) currently views 2ndA after heller & macdonald supreme court decisions. ABA has previously supported the militia interpretation. I tried googling but came up with little current, except one blurb that ABA is currently just trying to promote a fix to gun violence, & so I suspect maybe they are, as legal beagles, end played into supporting scotus decisions. ACLU however, is not, & still supports the militia view.
guncite 1993 (pro gun website, cited only for the reference to ABA & ACLU): This simple 27 word sentence {2ndA}cannot get any respect. It is ignored and disregarded by the American Bar Association, the American Civil Liberties Union, and the legal academy. For the most part, the legal community has down-played the Second Amendment by endorsing the view that the amendment protects only the right of states to maintain militias free from federal disarmament. This view, to which both the ABA and the ACLU subscribe is known as the collective.. interpretation. http://www.guncite.com/journals/quinshy.html
ABA past positions on guncontrol: 1983 The ABA supports the enactment of appropriate penalties to deter firearms-related crimes; endorses effective and proven measures to control the possession of handguns; and opposes efforts to repeal provisions of the Gun Control Act of 1968.
2004 The ABA supports stronger enforcement and prosecution of federal gun laws
2011 The ABA urges jurisdictions that allow the carrying of concealed weapons to grant broad discretion to law enforcement authorities to determine whether a permit or license should be issued .. The resolution also opposes federal legislation that would force states to recognize permits or licenses to carry concealed weapons issued in another state.
2012 The ABA opposes governmental actions and policies that limit the rights of physicians and other health care providers to inquire of their patients whether they possess guns and how they are secured in the home or to counsel their patients about the dangers of guns in the home and safe practices to avoid those dangers http://www.americanbar.org/groups/committees/gun_violence/policy.html
ACLU - American Civil Liberties Union (which we can love & hate every now & then, eh?!): Updated: 1/17/2013 "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."
ACLU POSITION 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. This position is currently under review and is being updated by the ACLU National Board in light of the U.S. Supreme Court decision in D.C. v. Heller in 2008.
In striking down Washington D.C.'s handgun ban by a 5-4 vote, the Supreme Court's 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. However, particular federal or state laws on licensing, registration, prohibition, or other regulation of the manufacture, shipment, sale, purchase or possession of guns may raise civil liberties questions.
ANALYSIS Although ACLU policy cites the Supreme Court's decision in U.S. v. Miller as support for our position on the Second Amendment, our policy was never dependent on Miller. Rather, like all ACLU policies, it reflects the ACLU's own understanding of the Constitution and civil liberties.
Heller takes a different approach than the ACLU has advocated. At the same time, it leaves many unresolved questions, including what firearms are protected by the Second Amendment, what regulations (short of an outright ban) may be upheld, and how that determination will be made. https://www.aclu.org/second-amendment
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