Second Amendment Rights

Jul

21

Crist stands with Kagan against guns rights. Left his support for gun rights when he left the Republican Party When he was leading in the Republican Primary, Charlie Crist said he would vote against confirming Justice Sotomayor because of her questionable record on defending Second Amendment rights. Now that he’s running as an independent, Charlie Crist has set aside protection for the Second Amendment, supporting Elena Kagan before a thorough investigation into her background and qualifications, and amidst numerous disturbing revelations that she has previously failed to support the Second Amendment. As Leading Republican, Crist has concerns with Sotomayor’s record on the 2nd Amendment “I have strong concerns that Judge Sotomayor would not strictly and objectively construe the constitution and lacks respect for the fundamental right to keep and bear arms. For these reasons, I cannot support her appointment to the highest court in the land." (Charlie Crist for U.S Senate Campaign Press Release, 7/21/09, Jul/21/2009)

May

13

As Independent, Crist flip-flops, supporting Kagan despite her record on the 2nd Amendment Charlie Crist on Elana Kagan: "I think she'd do a great job" (Adam Smith, St. Petersburg Times, 5/13/10, May/13/2010)

May

13

Charlie Crist’s latest position change is enough to make anyone wonder if Charlie Crist stands firm on any issue. There appears to be little difference between Justice Sotomayor’s position on Second Amendment rights and Elena Kagan’s but there is a definite change in Charlie Crist’s position on the issue. Elena Kagan’s Gun Problem Kagan’s Gun Problem should open up an inquiry about Elena Kagan’s views on gun rights. Elena Kagan may be hostile to the view that the 2nd Amendment to the Constitution protects American’s individual right to keep and bear arms. Bloomberg reports today, “Kagan Was ‘Not Sympathetic’ as Law Clerk to Gun-Rights Argument.” With the evidence presented by the Los Angeles Times that Kagan was very active in the gun control agenda during her time as counsel for the President Bill Clinton Administration, a thorough examination of Kagan’s views on the 2nd Amendment is merited. (Kagan’s Gun Problem, The Heritage Foundation, 5/13/10) As A Clerk, Kagan Wrote That She Was “Not Sympathetic” To A Defendant Who Argued That The D.C. “Firearms Statutes Violate His Constitutional Right To ‘Keep And Bear Arms. “Elena Kagan said as a U.S. Supreme Court law clerk in 1987 that she was ‘not sympathetic’ toward a man who contended that his constitutional rights were violated when he was convicted for carrying an unlicensed pistol…The man’s ‘sole contention is that the District of Columbia’s firearms statutes violate his constitutional right to ‘keep and bear arms,’’ Kagan wrote. ‘I’m not sympathetic.’” (Greg Stohr and Kristin Jensen, “Kagan Said She Was `Not Sympathetic' Toward Gun-Rights Claim,” Bloomberg, 5/13/10, May/13/2010)

May

13

Kagan “Accepted” Heller Decision. “Kagan, currently the U.S. solicitor general, has made few public remarks about the Constitution’s Second Amendment. The Supreme Court in 2008 ruled, in a case that overturned the District of Columbia’s handgun ban, that the Constitution protects individual gun rights. As a nominee to be solicitor general last year, Kagan told lawmakers that she accepted that 5-4 decision in District of Columbia v. Heller as a precedent of the court.” (Kagan “Accepted” Heller Decision. “Kagan, currently the U.S. solicitor general, has made few public remarks about the Constituti, May/13/2010)

Feb

10

Kagan Has Stated That “There Is No Question, After Heller, That The Second Amendment Guarantees Americans “The Individual Right To Possess And Carry Weapons In Case Of Confrontation.” “The Supreme Court held in District of Columbia v. Heller, 128 S.Ct.2783 (2008), that the Second Amendment guarantees an individual right to keep and bear arms. The Court granted this right the same status as other individual rights guaranteed by the Constitution, such as those protected in the First Amendment. Like other nominees to the Solicitor General position, I have refrained from providing my personal opinions of constitutional law (except in areas where I previously have stated opinions), both because those opinions will play no part in my official decisions and because such statements of opinion might be used to undermine the interests of the United States in litigation. I can say, however, that I understand the Solicitor General’s obligations to include deep respect for Supreme Court precedents like Heller and for the principle of stare decisis generally. There is no question, after Heller, that the Second Amendment guarantees Americans “the individual right to possess and carry weapons in case of confrontation.” (Elena Kagan, Questions For The Record From Senator Chuck Grassley, p.18, 2/10/09, Feb/10/2009)

Feb

10

Kagan Has Stated That “There Is No Question, After Heller, That The Second Amendment Guarantees Individuals The Right To Keep And Bear Arms….This Right….Provides Strong Although Not Unlimited Protection Against Governmental Regulation.” “If I am confirmed, I will commit to show Heller and the principles articulated in it the full measure of respect that is due to all constitutional decisions of the Court. Only highly unusual circumstances can justify the Solicitor General’s office in asking the Court to reconsider a decision, especially one as thoroughly considered as Heller. Once again, there is no question, after Heller, that the Second Amendment guarantees individuals the right to keep and bear arms and that this right, like others in the Constitution, provides strong although not unlimited protection against governmental regulation.” (Elena Kagan, Questions For The Record From Senator Chuck Grassley, p.19, 2/10/09, Feb/10/2009)

May

11

Kagan Worked On Trigger Lock Legislation In The Clinton White House. “A centrist course meant negotiating with the firearms industry on a deal to put child-safety locks on guns rather than risk a legislative showdown. Gun-control efforts were a hallmark of the Clinton administration. Kagan had already been involved in an executive order that required all federal law enforcement officers to install locks on their weapons. Those moves angered the National Rifle Assn., which became even more alarmed in late 1998 when Clinton proposed closing the ‘gun show’ loophole that allowed firearms purchases without background checks. A legislative effort to do just that was launched as Kagan departed the White House for Harvard in 1999.” (James Oliphant, “She's A White House Veteran,” The Los Angeles Times, 5/11/10, May/11/2010)

Mar

24

According to the Tampa Tribune, Crist told a Catholic priest that if he were governor, he would support South Dakota abortion ban. However, he changed his tune when speaking with the Associated Press, saying he would only sign similar legislation if it provided exceptions for rape and incest. (Tampa Tribune, Mar/24/2006)