UNITED STATES DEPARTMENT OF JUSTICE
AFFIRMS THE SECOND AMENDMENT
AS AN INDIVIDUAL RIGHT

"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."

The clearest and most comprehensive statement ever made by the Executive
Branch on the true meaning of the Second Amendment was recently released
by the Justice Department. In a memorandum posted on their web site
December 17, 2004, the Justice Department concludes without reservation
that "the Second Amendment secures a personal right of individuals, not
a collective right that may only be invoked by a State or a
quasi-collective right restricted to persons serving in organized
militia units."

The opinion does not address the constitutionality of particular laws
placing limits on the possession, carrying, or use of firearms. It does
note that certain classes of people (felons, those addicted to drugs or
alcohol) can be prohibited from owning firearms and that certain types
of firearms can be regulated.

This memo, for its excellent research, adds much to Second Amendment
scholarship. But its major impact will be on the courts - and the
Department itself.

The memo calls current judicial opinions an "unsettled legal landscape,"
where no theory holds firm. Stephen Halbrook, respected Second
Amendment litigator and historian, says of the memorandum, "It is a
highly credible message to the courts, for it exhibits a depth of
understanding about the Second Amendment that few jurists have ever
attained, and should be persuasive in future decisions."

The Department of Justice defends federal firearms laws. When it comes
to interpreting the Second Amendment, it has flip-flopped. According to
Mr. Halbrook, this monumental opinion "promises to keep the Department
on the high road, for it is irrefutable in its analysis and its
history." For gun owners now, and in the future, this is great news.

NRA is closed tomorrow, Christmas Eve. Also, due to the New Year`s
holiday, next week`s Grassroots Alert will be transmitted on Thursday,
December 30. Please have a safe and happy Christmas holiday!



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America is at that awkward stage. It's too late to work within the system and too early to shoot the bastards.