Fred A. Miller fmiller at lightlink.com
Fri Feb 5 17:53:34 CST 2010

America's Aggressive Civil Rights Organization

February 4th 2010


We've had some heated commentary on our most recent alert regarding
the NRA's blatant intrusion into the upcoming landmark case of
McDonald vs. City of Chicago.

Please come and take a look -

The NRA elbows its way into the McDonald Case
By Kirby Ferris

Jews for the Preservation of Firearms Ownership.

Copyright JPFO 2010

     One wonders if NRA members should be proud of their organization’s 
apparent newfound fiduciary conservatism. The so-called “premier” gun rights 
organization has now managed to finagle its way into the spotlight after 
someone else’s sweat and money rented the hall, built the stage, and set up 
the sound system.

     NRA lawyers are now second guessing pro-gun lawyer Alan Gura’s 
expertise. And this, after Gura masterminded and navigated the vitally 
crucial landmark Heller case to a victorious decision in favor of the Second 

     The NRA’s leadership must have looked at each other and realized that 
(coming so close on the coat tails of Heller) McDonald actually had a good 
chance at victory. I can just hear them clinking their drinks in toast and 
chuckling: “Gura will likely win this one too. Let’s get on board now!”

     All that might not be so bad, but look who the NRA has hired as their 
head counsel in this wedge into McDonald: Paul Clement, the very attorney who 
advocated against our gun rights in Heller!

     That’s right, Clement led the federal government’s charge to protect the 
Washington D.C. ban on handgun ownership!

     Here are some of Paul Clements espousals during Heller. These are from 
Clement’s oral arguments to SCOTUS and from the written brief filed in the 
case. He penned or uttered these little nuggets of liberty loving patriotism.

     “In our view it makes a world of difference, Justice Ginsburg, because 
we certainly take the position, as we have since consistently since 2001, 
that the Federal firearm statutes can be defended as constitutional, and that 
would be consistent with this kind of intermediate scrutiny standard that we 

     Oh yeah?

     Now take a look at this one:

     “The Second Amendment talks about "the right to bear arms", not just "a 
right to bear arms". And that preexisting always coexisted with reasonable 
regulations of firearms.”

     Don’t you love the word “reasonable”? It sound so…so reasonable! 
Unfortunately what Clement is talking about here is a ban on the possession 
of a handgun in your own home for your own self defense!

     And here’s an intriguingly slippery one for you:

     “Absolutely, Justice Ginsburg, and just... I mean, to give you a clear 
example, we would take the position that the kind of plastic guns or guns 
that are specifically designed to evade metal detectors that are prohibited 
by Federal law are not "arms" within the meaning of the Second Amendment and 
are not protected at all.”

     Hmmm…. Very lawyerly. I’m not going to comment on that one. Just read it 
a couple of times for your own smell test.

     And now a couple of tidbits from Paul Clement’s written brief in Heller:

     "Given the unquestionable threat to public safety that unrestricted 
private firearm possession would entail, various categories of 
firearm-related regulations are permitted by the Second Amendment."

     How does “shall not be infringed” somehow sneak past this guy’s 
obviously impressive intellect?

     Some icing on the cake:

     “Nothing in the Second Amendment, properly understood -- and certainly 
no principle necessary to decide this case — calls for invalidation of 
numerous federal laws regulating firearms.”

     Oh boy…

     Yes, friends, this is the man the NRA has hired to defend your gun 
rights in the unbelievably crucial McDonald vs. The City of Chicago case.

     This is the same NRA that still believes the BATFE has a warm and fuzzy 
place in our lives. See: "NRA Letter"

     This is also the same NRA that has not called for the completed 
destruction of “gun control” laws. And it’s the same NRA that does not appear 
to have a problem with Nazi “gun control” laws used as a basis for “The Gun 
Control Act of 1968”. See: this handbill and see also: the film "No Guns for 

     In a recent JPFO alert article I speculated on what might knock McDonald 
off the rails. See: "Will Your Gun Rights Live or Die?" This present turn of 
events should certainly not deter our fears. JPFO is not alone in our concern 
with this NRA/Clement issue. See: this Cato @ Liberty article, (also archive 
copy here on JPFO).

     Paul Clement is like a shark who just tried to bite our legs off. And 
now the NRA has crashed the pool party and tossed him in with us! Is it “hire 
a crook to catch a crook” logic? How can Clement’s oral arguments in the 
upcoming McDonald case possibly be all that effective? Those nine Justices 
(four of whom are obviously anti-gun Liberals) might truly wonder to 
themselves: “Hey! This guy was here about a year ago and argued the exact 
opposite of what we’re hearing now!”

     Hey NRA, do you call that good legal strategy? And more importantly: Do 
you really want a McDonald victory?

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