National Association of Arms Shows, Inc.

 

 

Administration Policy on the Second Amendment

By: Mark Barnes

      In footnotes to two government briefs concerning two firearms' cases, the Bush administration led by Attorney General John Ashcroft has altered federal government policy regarding the Second Amendment. On May 6, 2002 Ted Olson, Solicitor General, delivered the government briefs to the Supreme Court.

      However, the action of the government is a double-edged sword. In the footnote, the government brief does acknowledge that "The current position of the United States, however, is that the Second Amendment more broadly protects the rights of individuals, including persons who are not members of any militia engaged in active military service or training, to possess and bear their own firearms, subject to reasonable restrictions designed to prevent possession by unit persons or to restrict the possession of types of firearms that are particularly suited to criminal misuse" Yet, the government position regarding both cases Emerson v. United States and  Haney v. United States, is to ask the Supreme Court not to take up either case. The brief supports the position that both cases came under the "reasonable restrictions."