The Second Amendment and President Obama’s Proposals to Prevent Gun Violence

Posted on Tuesday, February 12th, 2013

Since President Obama announced his support for laws requiring universal background checks on all gun buyers, banning military-style assault weapons and large capacity ammunition magazines, and punishing gun traffickers, there has been significant discussion about the constitutionality of these proposals under the Second Amendment. In order to move forward on real change to our nation’s gun laws, it’s vitally important that legislators understand that the president’s proposed reforms are completely constitutional and are critical to stopping our nation’s gun violence epidemic.

Today, a subcommittee of the U.S. Senate Judiciary Committee held a hearing titled “Proposals to Reduce Gun Violence: Protecting Our Communities While Respecting the Second Amendment.” In written testimony submitted to the subcommittee, our Legal Director, Juliet Leftwich, discussed how the Second Amendment presents no obstacle to President Obama’s proposals. The testimony explained that although the U.S. Supreme Court held in District of Columbia v. Heller that the Second Amendment protects the right of a law-abiding, responsible citizen to possess a handgun in the home for self-defense, the president’s proposals are consistent with the Supreme Court’s decisions and the decisions of courts that have evaluated Second Amendment challenges since Heller.

Download Juliet Leftwich’s testimony to the Senate Judiciary Committee here.

Additionally, the Center for American Progress today released a memo coauthored by the Law Center’s Executive Director, Robyn Thomas, on the constitutionality of the proposals endorsed by the president. The memo concludes that “many forms of firearm regulation remain constitutional, including laws to prevent firearm possession by criminals and limitations on the possession of dangerous and unusual weapons. The measures endorsed by President Obama and proposed by Congress are safely within these confines and reflect the sort of reasonable regulation that the Supreme Court endorsed in Heller and has accepted in a host of other constitutional contexts.”

Download the Center for American Progress/Law Center memo on the constitutionality of gun laws here.

Senate Judiciary Hearing on Gun Violence:
An Important Step Forward for America

Posted on Wednesday, January 30th, 2013

PHOTO CREDIT: REUTERS / Larry Downing

Today marked an important step forward for our country, as the U.S. Senate Judiciary Committee met to begin the discussion in Congress about gun violence in America. At the hearing, Gabby Giffords and Mark Kelly advocated for smart solutions, like requiring background checks with all gun sales. Other panelists, however, suggested that we simply need more guns in our schools and in our communities.

The good news is that the Judiciary Committee reports to YOU. As panelist Baltimore County Chief of Police Jim Johnson, Chair of the National Law Enforcement Partnership to Prevent Gun Violence, said today:

Generations of Americans, including our youngest ones, are depending on you to ensure they will grow up and fulfill their roles in the great human experience. None of us can fail them.

I urge you to follow the will of the American public and stand with law enforcement to enact these common-sense public safety measures. 

It is time for the Senate Judiciary Committee to hear from you. Tell them that we need these sensible measures to keep our communities safe from gun violence:

  1. a criminal background check with every gun sale;
  2. a ban on weapons of war like assault weapons and high capacity ammunition magazines; and
  3. a gun trafficking law to make it easier for law enforcement to prosecute criminals.

Call the Senate Judiciary Committee and tell them that you support these smart solutions to curb gun violence now. Then share this post with your friends and family.

Majority Office
Phone: 202-224-7703

Minority Office 
Phone: 202-224-5225

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Senator Feinstein’s Assault Weapon Ban: A Huge Step Towards Safer Communities

Posted on Thursday, January 24th, 2013

Senator Feinstein is right. Weapons of war don’t belong on our streets. That’s why she fought for our safety this morning and introduced a new ban on assault weapons – weapons designed for combat that continue to make battlegrounds out of our movie theaters, shopping malls, and elementary schools across the country.

This is a huge step. If Senator Feinstein’s bill becomes law, it will keep many dangerous weapons out of our communities. She is relying on you to make sure it becomes a reality. She has taken a stand for the majority of Americans who believe that these military-style weapons don’t belong in our neighborhoods, and she needs us to take up the fight to ensure that Congress acts. As she said today:

There is one great hope out there and that is you. Because you are stronger than the gun lobby. You are stronger than gun manufacturers … Only if you stand up, if America rises up, if people care enough to call every member of the House and every member of the Senate and say, “We have had enough.”


We all need to make sure that Congress hears our demands. Stand with Senator Feinstein and tell Congress to protect our communities from these weapons of war by supporting the 2013 Assault Weapon Ban.

Sign her petition to Congress here. http://bit.ly/FeinsteinAWB

It is not too late to prevent the next disaster. Today is the day to demand that Congress takes action.

President Obama: Thank You.

Posted on Wednesday, January 16th, 2013

This is what we’ve been waiting for. President Obama outlined bold, courageous, and comprehensive steps to address the devastating gun violence that our communities face every single day – exactly what we asked of him.

Obama’s commitment today – to support federal legislation to fix our background check system and to ban military-style assault weapons and large capacity ammunition magazines – confirms that we are at a historic moment.

We commend President Obama’s swift and thorough executive actions and the outstanding leadership of Vice President Biden and his task force as essential first steps in addressing the epidemic of gun violence in America. We know that we have a long road ahead to achieve safer communities, and it’s going to take all of us to make real and lasting change. As the President said:

“This will not happen unless the American people demand it.”

That means all of us. President Obama has called on all of us to ask our members of Congress to support the president’s recommendations for real change. If they tell you that they don’t support these measures, ask them, “Why not?” Ask them, “What is more important than keeping our families safe?”

We are responsible for each other. The President and the White House have committed to do their part. It’s imperative that we each do ours.

Find your member of Congress now and make the call: http://bit.ly/myrepresentative

GUN LAWS: California and The Nation – What Should Be Done? January 17, 2012

Posted on Friday, January 11th, 2013

On January 17th, a wide range of views and expert voices tackled one of the most polarizing issues vexing our nation. A spate of recent high-profile massacres, including the shootings in Newtown, Connecticut, has sparked a vigorous national conversation about designing new laws – at the state and federal level – that protect all citizens, including the rights of responsible gun owners. More than 30,000 people die in American annually from gun violence, according to the U.S. Centers for Disease Control and Prevention. The panel discussed the national issues and California’s role in the dialogue regarding proposals to ban assault weapons and high-capacity ammunition magazines, to pass stricter laws to buy and license guns and ammunition, to require gun vendors to do background checks on potential owners, and report sales so law enforcement can track guns and their owners.

Location: San Francisco Commonwealth Club Office
595 Market Street, 2nd Floor, San Francisco, CA 94105
Time: 5:30 p.m. check-in; 6 p.m. program
Price: $20 standard, $12 Commonwealth Club members, Free for students (with valid ID)

Joining the Panel:
Nancy Skinner, Member, California State Assembly
Benjamin Van Houten, Managing Attorney, Law Center to Prevent Gun Violence
Sgt. Kelly Dunn, SFPD Special Victims and Psychiatric Liaison Units
John Diaz, Editorial Page Editor, San Francisco Chronicle – Moderator

Read more about the event on the Commonwealth Club’s website.

Representative Mike Thompson’s Gun Violence Prevention Public Forums – JANUARY 9 & 10, 2013

Posted on Wednesday, January 9th, 2013

Representative Mike Thompson is holding two gun violence prevention public forums in the Bay Area. Sign up below to commit to attend the events.

Mike Thompson is the chair of the House of Representatives’ Gun Violence Prevention Task Force. His forums will bring together law enforcement members, elected officials, mental health experts, and school officials to have a comprehensive discussion on how we can reduce and prevent gun violence.

Your voice is needed at these forums so that Representative Thompson can share your opinions with Congress as he recommends smart solutions to the gun violence our communities face every day.

VALLEJO: Wednesday January 9th, 2013
7:00 – 8:30PM
Vallejo City Hall
555 Santa Clara Street

SANTA ROSA: Thursday, January 10th, 2013
6:30 – 8:00PM
Board of Supervisors Meeting Room
575 Administrative Drive

Please commit to attend right now using the form below and share the event with your friends.

I can’t attend, but will share the events with my local friends.

Thank you, Gabby and Mark

Posted on Tuesday, January 8th, 2013

Today marks another dark anniversary in our country’s history. Two years ago, our nation mourned a horrific act in Tucson, Arizona – where a beloved congresswoman, Gabrielle Giffords, was shot in the head by a dangerously mentally ill man and barely survived. Six Americans in the crowd were killed and thirteen were gravely wounded alongside her. Since then, we, as a nation, have witnessed shooting after shooting – in our theatres, shopping malls, and houses of worship – yet have done next to nothing to stop them.

We cannot let this violence continue.

Gabby Giffords is not willing to stand by and do nothing. The horrific event that changed her life two years ago today has made her more resilient and determined than ever. Earlier today, she announced that she and her husband Mark Kelly will fight to find responsible solutions to the massive loss of life that we experience on a daily basis.

“We have experienced too much death and hurt to remain idle. Our response to the Newtown massacre must consist of more than regret, sorrow and condolence. The children of Sandy Hook Elementary School and all victims of gun violence deserve fellow citizens and leaders who have the will to prevent gun violence in the future.”

That means all of us. Help us thank Gabby Giffords and Mark Kelly for their bravery and tenacity by joining them. Your voice is needed to tell your legislators that you support them and will continue to support them in the fight to end these tragedies.

Vice President Biden’s task force is in meetings this week to discuss the next steps. Please call your legislators and tell them that you want them to support the following smart and effective solutions to the end the bloodshed:

1) A background check with all gun sales
2) A ban on military-style assault weapons
3) A ban on large capacity ammunition magazines – some of which can hold 100 rounds of ammunition

Tell them that they must take action today – because the safety of our loved ones depends on it.

Find your legislators now and call: http://bit.ly/myrepresentative

Law Center Releases Model Law to Ban Assault Weapons and Large Capacity Ammunition Magazines

Posted on Monday, January 7th, 2013

Click here to see a larger version of this diagram.

As devastating tragedies like Newtown all too frequently remind us, military-style assault weapons and large capacity ammunition magazines present serious threats to the safety of communities nationwide. To help communities prevent future violence, the Law Center to Prevent Gun Violence has developed a new model law to ban these dangerous weapons of war.

The model combines the best elements of assault weapon bans in states across the country, bringing together the strongest and most effective provisions — as well as important findings about the need for these laws — into a single document. It is based on our expert review of existing laws, judicial decisions, policy research, studies, and other gun violence prevention data.

Download our Model Law to Ban Assault Weapons
and Large Capacity Ammunition Magazines

For more information on assault weapons and large capacity ammunition magazines generally, see the Law Center’s policy discussions on these topics.

What a Year: 2012 Accomplishments at the Law Center

Posted on Monday, December 31st, 2012

What a year. Every day, the media, legislators, and activists across the country rely on the expertise of our legal team to provide the facts and inform them on the real solutions to make their communities safer. 2012 was no exception. Here is some of the spectacular work our staff did this year to make our country safer.

The Law Center’s history is a constant reminder of why we are all so dedicated to this cause. Twenty years ago, a horrific mass shooting at a law firm in San Francisco changed the lives of so many. Those who survived and those affected by the events of that day turned their pain into real action. They started an organization with a team of attorneys who have used their knowledge of the law to find effective solutions to the overwhelming tide of gun violence.

In two decades, we have brought change to cities and states across the country, and we are exceptionally proud of our efforts in California. Our research and assistance has helped California enact the nation’s strongest gun laws contributing to California’s dramatic drop in gun death rates. We did something about gun violence in California, and are more dedicated than ever to achieve the same results throughout America.

We accomplish all that we do through the support of a small, dedicated group of donors — and today, more than ever, we appreciate their consistent and generous support. Since the appalling events in Newtown, we have been inundated with requests for assistance by legislators and interested organizations that need our help immediately to keep guns out of the hands of criminals and the dangerously mentally ill. We will continue to educate our leaders on the most effective policies.

As this year draws to a close, we are thankful for all that we have accomplished and we look forward to what next year has to offer. 2013 will be the year that we protect our communities from violence with smart, effective gun laws, because we all deserve to be free from the threat of gun violence. Today is the day and now is the time.

Demand A Plan

Posted on Friday, December 21st, 2012

It’s time. Join us, Mayors Against Illegal Guns, and more than 750 mayors and 750,000 grassroots supporters to demand that President Obama and Congress step forward with a plan to end gun violence.

Our efforts cannot bring back the 20 innocent children murdered in Newtown, CT — or the 34 people murdered with guns every day in America. But we can prevent future tragedies by passing common sense legislation that will:

  • Require a criminal background check for every gun sold in America
  • Ban assault weapons and high-capacity magazines
  • Make gun trafficking a federal crime, including real penalties for “straw purchasers”
  • Demand that your members of Congress and the president support these legislative priorities.

What you can do to help right now:

1. Sign up

Knowledge is power. Guarantee that you don’t miss your chance to take the next steps needed to prevent another tragedy. Sign up here: http://smartgunlaws.org/sign-up/

2. Pitch in

We need you WITH US. Become a member, and become part of the solution. Even a small donation can ensure we have the resources to enable our leaders to make decisions with the best information available on America’s gun laws. Donate here: http://bit.ly/lawcenterdonate

3. Spread the word about the Law Center

Help us educate and engage more people in our shared mission to save lives.  We can achieve more with you in our corner.

  • Follow us on Facebook and Twitter @smartgunlaws, and ask others to as well.
  • Send folks to our website, smartgunlaws.org, where there is a wealth of information about  America’s gun laws and real solutions to end this epidemic.

4. Demand A Plan

As a part of our partnership with Mayor’s Against Illegal Guns, we are asking you to join us in calling on elected leaders in Washington to take immediate, concrete steps to reduce gun violence in America. Visit their website to sign the petition: demandaplan.org