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April 20, 2003
NRA Enters D.C. 2A Fray

I didn't mention the earlier 2nd Amendment challenge brought by folks loosely associated with Cato as it wasn't yet newsworthy beyond a decent strategic choice to both have non dispicable plantiffs and to side step the incorporation issues of the Second Amendment in the states.

What I didn't notice is that back on April 4, the NRA filed suit in D.C. as well. This is interesting partially because this is the first Second Amendment case that they NRA has actually brought.

Far more interesting is the third count in the complaint. They allege that the plantiffs have been denied the protection of The Civil Rights Act of 1866 which is now 42 U.S.C. �1981(a). It provides in part, "All persons within the jurisdiction of the United States shall have the same right in every State and Territory ...to the full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens. ..." This act was a direct response to the reconstruction era Black Codes and was intended to protect the same rights as The Freedman's Bureau Act which states, "That in every State or district where the ordinary course of judicial proceedings has been interrupted by the rebellion, ...the right. ..to have full and equal benefit of all laws and proceedings concerning personal liberty, personal security, and the acquisition, enjoyment, and disposition of estate, real and personal, including the constitutional right to bear arms, shall be secured to and enjoyed by all the citizens of such State or district without respect to race or color or previous condition of slavery."

Reading between the lines, the NRA has also choosen african american plantiffs. I find the potential spin here fascinating.

Posted by hoffmang | April 20, 2003 09:18 PM


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