Senators John Kennedy (R-La.) and Lindsey Graham (R-S.C.) introduced the ‘Respect for the Second Amendment Act’ to protect an individual’s right to keep and bear arms. The legislation would codify the Supreme Court’s landmark decision in New York State Rifle & Pistol Association Inc. v. Bruen.
Kennedy said: “Congress has the ability to use its authority to guard against state overreach—and that is what this bill does. At a time when the constitutional right to keep and bear arms is under attack in courtrooms throughout America, we must ensure that the Supreme Court’s decision about the Second Amendment is not only legal precedent but that the law preserves it forever…The Supreme Court has spoken very clearly in Heller and Bruen on the Second Amendment: We have an individual right to own a gun.”
Kennedy added: “I also believe that love is the answer, but…I own a hand gun just in case.”
According to the bill’s announcement, The Respect for the Second Amendment Act would:
- Create public and private rights of action against any person who seeks to enforce a law, rule or ordinance that violates the constitutional right of an individual to manufacture for personal use, acquire, possess, own, carry, transport or use a privately owned firearm or privately owned ammunition unless that law is consistent with the U.S. Constitution and history of firearm regulation.
- Prohibit states from rejecting firearms licenses on the sole basis of the license originating under another state’s jurisdiction.
- Eliminate 18 U.S. Code § 927 so that, on a case-by-case basis, Congress can override state law when it proves an unconstitutional attempt to override the Second Amendment.
Section 2 of the bill (FINDINGS) is a good short summary of why this is necessary and Section 2 (6) strikes directly at Hochul and New York.
Section 3C gives us the right to recover ‘costs and a reasonable attorney fee’ if we have to sue because our rights are violated. The cost of these lawsuits has been a major factor which discourages people from taking to court these infringements of our rights.
This is an opportunity to contact your Senators, no matter what party, and tell them you support this bill and 2A. This bill gives the Senator the opportunity to support the Supreme Court decision in Bruen. This is especially important since Senator Gillibrand is coming up for reelection in 2024.
Consider doing the same in the House of Representatives and add that they should introduce a companion bill in the House.