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A Two-Word Summary of the Supreme Court’s New One-Step Test for the Constitutionality of Gun Laws:

“Blatant Hypocrisy”

A Message from the President of Americans Against Gun Violence

The Second Amendment to the U.S. Constitution states, in its entirety:

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.

For most of our nation’s history, courts used a simple one-step test to determine whether a gun law violated the Second Amendment. If the law didn’t interfere with the ability of a legitimate governmental body to maintain a “well regulated militia,” it wasn’t unconstitutional. And until the Supreme Court’s rogue 2008 Heller decision, no U.S. gun law had ever been overturned on a Second Amendment basis. In the Heller case, though, a narrow 5-4 majority of Supreme Court justices reversed over two centuries of legal precedent, including four prior Supreme Court decisions, in ruling that Washington DC’s partial handgun ban violated the Second Amendment. The Heller decision signaled to the gun lobby that it was “open season” to challenge all sorts of other gun laws. But in the first decade after Heller, nearly all of the challenges failed in lower courts; and with just two exceptions, the Supreme Court declined to hear any new cases. Now, though, with three members of the original Heller majority still on the Court, and with three new Trump-nominated justices joining them, the Supreme Court has effectively announced that it’s once again “open season” for shooting down gun laws; and this time around, the Court is applying a new one-step test for determining whether gun laws violate the Second Amendment. The new test can be summarized in two words: “blatant hypocrisy.”

Read the full message

Preventing Firearm Related Deaths and Injuries in the United States of America
Mission Statement of Americans Against Gun Violence

Revised February 17, 2019

Firearm related deaths and injuries are a serious public health problem in the United States of America, and the rate of gun related deaths in our country is currently at least ten times higher than the average rate for the other high income democratic countries of the world. It is the position of Americans Against Gun Violence that we have not only the ability, but also the moral responsibility, to reduce rates of firearm related deaths and injuries in our country to levels that are at or below the rates in other economically advanced democratic countries.

Like other gun violence prevention organizations, we support common sense firearm regulations. We believe, however, that common sense dictates that in order to reduce rates of gun violence in the United States to levels comparable to other high income democratic countries, we must adopt comparably stringent gun control laws – laws that go far beyond the limited measures currently being advocated by other U.S. gun violence prevention organizations. Specifically, we believe that we should follow the examples of Australia and the United Kingdom, both of which reacted swiftly and definitively following mass shootings in their countries over two decades ago, by banning civilian ownership of all automatic and semi-automatic rifles, as in the case of Australia, and by banning civilian ownership of all handguns, as in the case of the United Kingdom. We also believe that we should follow the example of every other high income democratic country in requiring registration of all firearms and licensing of all firearm owners. Finally, we believe that in the United States, as in all other economically advanced democratic countries, the burden of proof  should be on any person seeking to acquire a gun to show convincing evidence that he or she needs one and can handle one safely, not on society to show evidence that he or she should not have a gun. And given the large body of evidence showing that there is no net protective value from owning or carrying a gun, “self defense” should not be automatically accepted as a reason for owning a gun in the United States, just as it is not accepted in most other high income democratic countries.

In the United States, like in other economically advanced democratic countries, stringent gun control laws need not prevent legitimate hunters and target shooters from pursuing their sports. As in those other countries, though, stringent regulation of civilian firearm ownership should be accompanied by stringent regulation of the use of lethal force by law enforcement officers.
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The Second Amendment, as it was interpreted repeatedly by the Supreme Court and almost every lower court for the first 217 years of our nation’s history, is no obstacle to the adoption of the stringent gun control laws advocated by Americans Against Gun Violence. The 2008 Heller decision, however, in which a narrow 5-4 majority of the Supreme Court ruled that the District of Columbia’s partial ban on handgun ownership violated the Second Amendment, is a significant obstacle. In the Heller decision, five justices endorsed an interpretation of the Second Amendment that the late Supreme Court Chief Justice Warren Burger had called “…one of the biggest pieces of fraud – I repeat the word, ‘fraud’ – on the American public by special interest groups that I have ever seen in my lifetime.” It is the position of Americans Against Gun Violence that the Heller case was wrongly decided. In the short term, Heller should be overturned. In the long term, Americans Against Gun Violence advocates the adoption of a new constitutional amendment that clarifies the Second Amendment in a manner consistent with the following statement in the majority opinion in the Supreme Court’s 1980 Lewis decision:

The Second Amendment guarantees no right to keep and bear a firearm that does not have “some reasonable relationship to the preservation or efficiency of a well regulated militia.”

We are confident that one day, the United States will adopt stringent gun control laws comparable to the laws that have long been in effect in every other high income democratic country of the world. The only question is how many more innocent Americans will be killed and injured by guns before that day arrives. It is our mission to make that day come sooner rather than later.

Click on this link for a fully referenced, downloadable version of this mission statement in PDF format.