-Caveat Lector-

The gun haters are angry.

http://www.sunspot.net/news/opinion/oped/bal-op.teepen08jun08.story?coll=bal%2Doped%2Dheadlines

An NRA annex at the Justice Department?

By Tom Teepen

June 8, 2001

ATLANTA - You may remember that during the presidential campaign, an official of the 
National Rifle Association boasted that
if George W. Bush were elected the NRA could, in effect, set up shop right in the Oval 
Office.

Well, it is coming close.

To the delight of the NRA but to little broad public notice, Attorney General John 
Ashcroft has thrown over the traditional
understanding of the Second Amendment's right to bear arms in favor of an 
interpretation pushed in recent years by conservative
legal commentators and activists.

Since 1939, when the Supreme Court ruled that Congress could ban sawed-off shotguns, 
both case law and political consensus
have held that gun ownership is not primarily an individual right.

Not only the Supreme Court but eight federal appellate courts have found that the 
right is essentially collective, taking the
amendment at its word in linking arms ownership to the need for states to maintain "a 
well regulated militia." Now, in one of those
little hypocrisies of convenience that dot our politics, folks who otherwise declare 
themselves "strict constructionists" in
constitutional interpretation argue that the apparently plain language of the Second 
Amendment actually imbeds a right for just
about everyone to buy and carry more or less whatever weapons manufacturers can come 
up with - automatics, armor-piercing,
you name it. And let the bodies fall where they may.

That's the position the nation's top legal officer endorsed in a May 17 letter to the 
executive director of the National Rifle
Association.

Mr. Ashcroft said in a footnote to his letter that, despite his reading of it, the 
amendment doesn't bar Congress from "restricting
firearms ownership for compelling state reasons."

Mr. Ashcroft's reassurance is not very reassuring.

The NRA has not ruled out challenges, based on Mr. Ashcroft's position, to existing 
gun control laws.

A federal appellate court in Texas is reviewing a District Court decision throwing out 
the law that bars gun ownership to people
subject to restraining orders. Given that the district judge based his ruling on Mr. 
Ashcroft's similar belief that gun ownership is
basically a personal right, will the Justice Department vigorously contest that scary 
finding?

And the attorney general has twice delayed implementation of a Clinton administration 
rule that would allow the FBI to keep
records for 90 days from the background checks it conducts to enforce the Brady law. 
The bureau needs the time to audit the
system that prevents gun sales to disqualified buyers and to double-check the 
performance of dealers.

The gun lobby has wanted the records immediately purged, a position Mr. Ashcroft 
supported when he was a senator. Now, the
Violence Policy Center is going to court in hopes of forcing the Justice Department to 
carry out the regulation.

Maybe the NRA can skip a White House office if it turns out that it has an annex in 
the Justice Department.

Tom Teepen is a columnist for Cox Newspapers. His e-mail address is 
[EMAIL PROTECTED]

Copyright © 2001, The Baltimore Sun

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