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Gun News Daily NRA-ILA Wakes Up by William Lolli CalNRA Contributing Editor 11 April, 1999 Dated March 29,1999 James Jay Baker of the National Rifle Association's Institute for Legislative Action has sent out a "proxy ballot" appeal letter to members of the NRA. The substance of the letter is a response to the cries from the grassroots that the ILA open a new judicial branch to counter-attack, and indeed, make a more aggressive presence in, the courtrooms of America, where it seems each day our 2nd Amendment liberties are being assaulted. We are all aware that in recent months, various major cities have embarked upon the class-action suit business of suing gun manufacturers for the perceived costs associated by the criminal use of guns. We all know, of course, that this is nothing more than a tobacco-modeled "gun-grab" with a giant, golden carrot dangling on a stick in front of any politician and city attorney looking for politically-correct press. But the battle will be in the courts, just the same. This is the tip of the iceberg of legal court interpretations that face the gun owner. Consider the other on-going national gun-related issues that are in court now, or are soon to be:
The lists go on. The good news is that there are victories like the Emerson Case in Texas, where a Federal District Judge has ruled that the 2nd Amendment is, in fact, an individual right. This opinion is beautifully crafted and stated. I believe that it will see the Supreme Court as it continues the appeals process. I urge everyone to read it at the following web site: http://www.txnd.uscourts.gov/PDFs/emerson.pdf The battle lines are clear. The NRA is right to establish this new beachhead in the court arena. If I were to suggest to the NRA how to implement this new division it would be to model it after the Heritage Foundation's legal division. My first suggestion would be that the ILA allow this division to stand alone, perhaps as the IJA, the Institute for Judicial Action. The form of this new division would then be modeled into two branches: The first, the current legal division of the NRA, which provides members with legal assistance and answers questions regarding gun laws, and aids the ILA in the crafting of proper legislation. The second, a branch of Judicial Operations setup to support a network of pro-gun attorneys across the United States. This branch would monitor and coordinate 2nd Amendment battles in courtrooms across the country. Its web site would be a central repository of relevant court case precedents. The ACLU has had great success with this latter model. Let us capitalize upon their success and use it to our advantage. I am very excited about the designs NRA has on this battlefront. I believe that this is an area where we can win, and win big. Please contact the NRA at their national office and let them know where you stand on their desire to fight in the federal and state courts for our rights. |