DOJ finds 2nd an individual right . . .

[Highland Ranger]

This month's American Rifleman has an article about a memorandum opinion written by the DOJ's Office of Legal Counsel for the Attorney General that essentially concludes the 2nd Amendment is an individual right. References below . . . .

Not sure what this means legally or going forward, but it can't be bad news . . . . .

So given that, how come this is the first I've heard of what should be a landmark event? I am a bit of a news junkie and this was not mentioned as far as I can tell.

And for our legal eagles, what specifically does this mean over and above adding to the body of documentation that cites the 2nd as an individual right?

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Link to the Note on NRA Website (not full article): http://www.nraila.org/News/Read/InTheNews.aspx?ID=5041

Link to DOJ Opinion paper: http://www.usdoj.gov/olc/secondamendment2.htm

 

[Sergeant Sabre]

Wow, where've you been???

This was discussed about a month ago

I did find the article the NRA put together very informative, however. I especially enjoyed reading the snippets of the original repor that was published.

What I found to be most profound was the finding that nowhere in the Constitution is any governmental agency or anything but individual US citizens given a "right". Governments, State and Federal, are consistently bestowed "powers" and/or "authorities" in the Constitution. The report pointed out that it would be a striking anomoly if this were not the case in the Second Amendment, as it is so consistently so throughout the rest of the constitution.

 

[WT]

That was an opinion issued by the old Attorney General. The new Attorney General has a different opinion.

 

[Sergeant Sabre]

I believe this is different than an AG opinion. I think it was a research paper done by a DOJ committee.

 

[tyme]

It's also (as of a week or two ago) near the top of the THR library main page. Along with the 2003-ish Department of State position on the RKBA... which was recently disappeared with a note saying it's under review.

 

[Jeff OTMG]

How can this be new news? Ashcroft wrote a letter to the NRA on May 17, 2001. THAT WAS 4 YEARS AGO!!!

http://www.cbsnews.com/stories/2001/05/23/politics/main292854.shtml

Are we taking about the same thing?

 

[Highland Ranger]

Follow the links above . . . . this opinion paper was issued in December of 2004