May 16, 2008

Senator McCain on Guns: His Support for the 2nd Amendment

Louisville, KY—Gun rights are an important issue, and I wanted to share with you some highlights of the speech I delivered today at the National Rifle Association annual meeting. I think they will give you some good insight into my strong belief in the Second Amendment.

When I first ran for Congress in 1982, I was proud to have the support of gun owners. For more than two decades, I've opposed efforts to ban guns, ban ammunition, ban magazines, and dismiss gun owners as some kind of fringe group unwelcome in "modern" America. The Second Amendment isn't some archaic custom that matters only to rural Americans, who find solace in firearms out of frustration with their economic circumstances.

The Second Amendment is unique in the world. It guarantees an individual right to keep and bear arms. To argue anything else is to reject the clear meaning of our Founding Fathers.

Self-reliance is the ethic that made America great, and our Founders understood that. They knew there would be circumstances where Americans might need to use firearms to protect themselves and their families.

Some Second Amendment detractors think this is a mere abstraction, or a relic of America's distant past. But Americans exercise their Second Amendment rights every day to protect themselves from criminals, as happened in Scottsdale, Arizona where earlier this year, a 74-year-old woman defended her home from a man who repeatedly attempted to break in, extort money and threatened to set fire to her garage. The Second Amendment - and its guarantee of an individual right to keep and bear arms - is certainly not an abstraction.

But the clear meaning of the Second Amendment has not stopped those who want to punish firearms owners - and those who make and sell firearms - for the actions of criminals. It seems like every time there is a particularly violent crime, the anti-gun activists demand yet another restriction on the Second Amendment. I opposed the ban on so-called “assault weapons,” which was first proposed after a California schoolyard shooting. It makes no sense to ban a class of firearms based on cosmetic features. I have opposed waiting periods for gun purchases."

Like [NRA] members, I am a committed conservationist. I have long supported multiple uses for public lands that ensure they are available for this and future generations to hunt, fish and explore. Over 12 million hunters in the United States contribute $25 billion to the economy, much of it in rural areas. Hunters pay billions of dollars in federal revenue through license and other fees. Here in Kentucky, hunters spend over $400 million and support thousands of jobs.

Over the years, I haven't agreed with the NRA on every issue. I have supported efforts to have NICS background checks apply to gun sales at gun shows. I recognize that gun shows are enjoyed by millions of law-abiding Americans. I do not support efforts by those who seek to regulate them out of existence.

But I believe an accurate, fair and instant background check at guns shows is a reasonable requirement. I also oppose efforts to require federal regulation of all private sales such as the transfer between a father and son or husband and wife. I supported campaign finance reform because I strongly believed our system of financing campaigns was influencing elected officials to put the interests of "soft money" donors ahead of the public interest. It is neither my purpose nor the purpose of the legislation to prevent gun owners or any other group of citizens from making their voices heard in the legislative process.

Those disagreements do not detract from my long record of support for the Second Amendment and the work we have done together to protect the rights of gun owners from the political attitudes of the moment in Washington that view the Second Amendment as a once quaint custom that must now yield to the judgment of modern enlightened opinion. We have real differences with the Democratic candidates for President. They have learned something since 2000.

They don't talk about their plans for gun control. They claim to support hunters and gun owners. But just because they don't talk about gun control doesn't mean they won't support gun control. Let's be clear.

If either Senator Clinton or Senator Obama is elected President, the rights of law-abiding gun owners will be at risk. They have both voted as Senators to ban guns or ban ammunition or to allow gun makers to be sued out of existence.

It seems every election, politicians who support restrictions on the Second Amendment dress up in camouflage and pose with guns to demonstrate they care about hunters, even though few gun owners fall for such obvious political theater.

After Senator Obama made his unfortunate comment that Pennsylvanians 'cling to guns and religion' out of bitterness, Senator Clinton quickly affirmed her support for the Second Amendment. That drew Senator Obama's derision. 'She's running around talking about how this is an insult to sportsmen, how she values the Second Amendment,' he said. 'Like she's on the duck blind every Sunday, . . . packin' a six shooter!' Someone should tell Senator Obama that ducks are usually hunted with shotguns.

Senator Obama hopes he can get away with having it both ways. He says he believes that the Second Amendment confers an individual right to bear arms. But when he had a chance to weigh in on the most important Second Amendment case before the U.S. Supreme Court in decades, District of Columbia v. Heller, Senator Obama dodged the question by claiming, 'I don't like taking a stand on pending cases.' He refused to sign the amicus brief signed by a bipartisan group of 55 Senators arguing that the Supreme Court should overturn the DC gun ban in the Heller case.

When he was running for the State Senate in Illinois, his campaign filled out a questionnaire asking whether he supported legislation to ban the manufacture, sale and possession of handguns with simple, 'Yes.'

"The Heller case should be decided soon. But however that case is decided, the federal judiciary will continue to be an important forum for protecting Second Amendment rights. The next President will appoint literally hundreds of federal judges, and is likely to have the opportunity to nominate one or more Supreme Court justices."

"Quite rightly, the proper role of the judiciary has become one of the defining issues of this presidential election. It will fall to the next president to nominate qualified men and women to the federal courts, and the choices we make will reach far into the future. My two prospective opponents and I have very different ideas about the nature and proper exercise of judicial power.

We would nominate judges of a different kind, a different caliber, a different understanding of judicial authority and its limits. And the people of America - voters in both parties whose wishes and convictions are so often disregarded by unelected judges - are entitled to know what those differences are."

The decisions of our Supreme Court in particular can be as close to permanent as anything government does. And in the presidential selection of those who will write those decisions, a hunch, a hope, and a good first impression are not enough. I will not seek the confidence of the American people in my nominees until my own confidence is complete - until I am certain of my nominee's ability, wisdom, and demonstrated fidelity to the Constitution.

Comments (2)

Two things ring in my mind after reading this. The first is that he was honest and didn't try to hide or wash over his voting record, nor his previous 'disagreements' with the NRA. The second, and more important, is McCain's rational view that this presidency's most lasting effect on our 2nd Amd. rights will not be the next four to eight years of possible anti-gun legislative rhetoric, but the tens or more years that will be shaped by the SCOTUS, and those chosen to sit within it.

Posted by: Jason Z | May 16, 2008 10:12 PM    Report this comment

We need to pin Senators Obama and Clinton down on their second amendment views

Posted by: TCole | May 16, 2008 3:32 PM    Report this comment

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