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jimmy the one

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ACLU position on second amendment

Gun Control Updated: 1/17/2013 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 {collective militia} view. This position is currently under review and is being updated by the ACLU National Board in light of 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.

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.

I guess they didn't: July 22, 2010, An ACLU insider with a state affiliate told me the national organization is in the middle of “rethinking” their position on second amendment rights. http://www.washingtontimes.com/blog/watercooler/2010/jul/22/aclu-rethinking-second-amendment/#ixzz3U5Hbzwrw

current wiki 2015: Gun rights – The national ACLU's position is that the Second Amendment protects a collective right to own guns, rather than an individual right (some state affiliates consider the Second Amendment to refer to individual gun rights). The national organization's position is based on the phrases "a well regulated Militia" and "the security of a free State". However, the ACLU opposes any effort to create a registry of gun owners and has worked with NRA to prevent a registry from being created and has favored protecting the right to carry guns under the 4th Amendmen
Posted by jimmy the one | Wed Mar 11, 2015, 09:50 AM (4 replies)
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