43 DUKELJ 1236 Page 13 (Cite as: 43 Duke L.J. 1236, *1255) legal rights to keep and bear arms by state law) from attack by night riders--even to protect their own lives, their own families, and their own homes--that made it imperative that they, as citizens, could no longer be kept defenseless by a regime of state law denying them the common right to keep and bear arms. Note the description of the right as a personal right in the report by Senator Howard. See supra text accompanying note 52. For confirming references, see also the examples provided in MICHAEL K. CURTIS, NO STATE SHALL ABRIDGE 24, 43, 56, 72, 138-41, 164, 203 (1986); HALBROOK, supra note 19, at 107-23: Skayoko Blodgett-Ford, Do Battered Women Have a Right to Bear Arms?, 11 YALE L. & POL'Y REV. 509, 513-24 (1993); Robert J. Cottrol & Raymond T. Diamond, The Second Amendment: Toward an Afro-Americanist Reconsideration, 80 GEO.L.J 309 (1991); Kates, supra note 45, at 254-57. For an overall responsible general review, see also Levinson, supra note 45. For the most recent critical review, however, see Raoul Berger, Constitutional Interpretation and Activist Fantasies, 82 KY.L.J. 1 (1993-1994) (with additional references to previous books and articles). FN56. In contrast, the suggestion that it does not extend to handguns (in contrast to howitzers) is quite beyond the pale (i.e., it is wholly inconsistent with any sensible understanding of a meaningful right to keep arms as a personal right). FN57. Such questions, moreover, are hardly on that account (merely as questions) necessarily hard or difficult to answer in reasonable ways, even fully conceding a strong view of the right to keep and bear arms (e.g., rules of tort or of statutory liability for careless storage endangering minors or others foreseeably put at unreasonable risk) FN58. And equally with respect to the states, pursuant to the Fourteenth Amendment. FN59. See supra notes 9-14 and accompanying text. FN60. Unless, of course, one holds the view that it is really desirable after all that the Constitution should indeed be construed--the Second and Fourteenth Amendments to the contrary notwithstanding--to say that the right to keep and bear arms is the right to keep and bear arms as it is sometimes understood (i.e., as though it had the added words, "but only according to the sufferance of the state"). END OF DOCUMENT Copr. West 1999 No Claim to Orig. U.S. Govt. Works Senator ASHCROFT. Everyone knows Charlton Heston from his classic roles in the movies, such as-well, you mentioned "The Ten Commandments" and "Ben-Hur." What people may not know is that he has been a tireless fighter for freedom. He defends individual liberties even when they are not popular with some. In the 1960's, he marched with Martin Luther King, Jr., to champion equal rights. His march for civil liberties continues with his fight for the second amendment. As President of the National Rifle Association, Mr. Heston spends the bulk of his time defending the right of American citizens to keep and bear arms, as guaranteed by the second amendment. The subcommittee is very happy to welcome an American original and we are honored to receive the testimony of Mr. Charlton Heston. Mr. Heston. STATEMENT OF CHARLTON HESTON, PRESIDENT, NATIONAL RIFLE ASSOCIATION OF AMERICA, BEVERLY HILLS, CA; ACCOMPANIED BY WAYNE LAPIERRE, EXECUTIVE VICE PRESIDENT, NATIONAL RIFLE ASSOCIATION OF AMERICA, AND STEPHEN HALBROOK, COUNSEL STATEMENT OF CHARLTON HESTON Mr. HESTON. Thank you, Senator Ashcroft, and the honorable Senators. I am proud to be asked to take part in the process of our Government to speak before you today. I will try to keep my remarks appropriately brief, you will be glad to hear. Thank you, Chairman Ashcroft, and honorable members of the subcommittee. I appear here today as President of the National Rifle Association of America. Present with me are Wayne LaPierre, NRA Executive Vice President, and Stephen Halbrook, my counsel. I would like to briefly touch on some high points that are fully footnoted in my written testimony which you will receive, of course, in due time. The Bill of Rights was intended not just as a rulebook for government, but almost as an easy-to-understand guide for ordinary citizens. I assure you that the nearly 3 million members of the NRA, together with millions of other law-abiding gunowners, know exactly what the second amendment means when it says that "the right of the people to keep and bear Arms, shall not be infringed." But let's talk about it anyway. Let's begin with perhaps the key term in the second amendment, "the people." It is a term that is sprinkled throughout several of the amendments and consistently means the individuals who compose our society. In a 1990 decision by Chief Justice William Rehnquist, the U.S. Supreme Court tells us that "the people" seems to have been a term of art employed in select parts of the Constitution and that the usage of this term suggests that "the people" refers to a class of persons who are part of a national community. Yet, a certain fiction was invented in the 20th century proclaiming that "the people" in the second amendment really means the States or the National Guard. This fiction would assume that the Framers of the Constitution and Bill of Rights were poor draftsmen playing fast and loose with the language of our charter of Government. Certainly, they were not. Clearly, the Framers knew how to say "the States" when they meant the States, and they consistently described the States as having powers, while only the citizens had rights. It goes without saying that the National Guard did not exist when the second amendment was ratified. In any event, the right protected, the right to keep and bear arms, plainly rests in the hands of the people. For further verification, let's turn to the words of James Madison, who said that any attempt at tyranny would be countered by, "half a million citizens with arms in their hands," referring to, again, "the advantage of being armed which the Americans possess over the people of almost any other nation." At the same time, Samuel Adams, the great Revolutionary patriot, proposed a bill of rights declaring that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press or the rights of conscience or to prevent the people of the United States who are peaceable citizens from keeping their own arms. In the same vein, anti-Federalist leader Richard Henry Lee wrote that to preserve liberty, it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them. St. George Tucker, the first major commentator on the Bill of Rights, suggested that, "The right of self-defense is the first law of nature. Wherever the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction." And that right of the people extends to all. At the conclusion of the Civil War, it was our goal to eradicate all incidents of slavery. Yet, the Southern States enacted Black Codes which embodied the old slave laws, including bans on gun ownership by black people. To protect the rights of freed slaves from such laws, the 1866 Congress proposed the adoption of the 14th amendment, which protects citizens' rights from state violation. Senator Jacob Howard, when he introduced that amendment, explained that the purpose was to protect personal rights, such as the right to keep and bear arms, from state infringement. The same Congress passed the Civil Rights Act, and also the Freedmen's Bureau Act, which protected the full and equal benefit of all laws and proceedings concerning personal liberty, personal security and estate, real and personal, including the constitutional right to bear arms. More than once, this body has affirmed the sanctity of the second amendment. Just over a decade ago, Congress passed the Firearms Owners' Protection Act of 1986, acknowledging that the Government had exceeded its authority and passed certain laws violating the Bill of Rights. And just last year, the Supreme Court held that the Brady Act, which commanded local law enforcement officers to conduct background checks on handgun purchasers, violated State powers under the 10th amendment. In his concurring opinion, Justice Clarence Thomas noted that, like the first amendment, the second amendment similarly appears to contain an express limitation on the Government's authority. The National Rifle Association of America remains dedicated to preservation of our Constitution and Bill of Rights, and we agree that the right to keep and bear arms is indeed the palladium of the liberties of our Republic. The supporting evidence, historical, societal and judicial, is overwhelming. As we enter the 21st century, let us pray that our descendants will enjoy the blessings of constitutional liberty that our Founding Fathers so wisely bestowed over two centuries ago. Thank you. Senator ASHCROFT. Thank you very much. The subcommittee will now be involved in questioning by members of the subcommittee and we will have 5-minute rounds of questions. Mr. Heston, based on your involvement in and concern over the issues of firearms and freedom and safety, what can be done, and specifically what can Congress do, to stem the tide of violent crime? Mr. HESTON. Punish criminals, Senator. We have 20,000 gun laws on the books now. The Attorney General's office has consistently refused over some time to prosecute and consequently imprison felons, convicted felons. They too often go through a revolving door that is all too common in our law enforcement community. And that is the simple answer and the best answer I can give to your question, sir. Senator ASHCROFT. Mr. Heston, in your oral statement you referred to the right of self-defense and self-protection. There are now, I believe, 31 States that allow citizens to obtain permits to carry firearms and to be able to defend themselves more effectively. With this authorization from States to carry firearms or guns, is there any data developed which indicates to you that this is successful either in helping citizens defend themselves, reducing crime, or providing a change in the incidence of personal safety and security in those jurisdictions? Mr. HESTON. All of those things are true, Senator. There are now, as you said, 31 States that have concealed carry laws, and I think three more are working their way through their respective legislatures. I know the State of Kentucky, where I was campaigning yesterday, is one of those. And in every one of the 31 States now having concealed carry laws, at the time they were passed there was a great furor from the media and from members of the general public-understandable. They said, oh, my gosh, this is going to be the OK Corral, this is going to be a shootout in Main Street; we are going to have to hide our women and children off in valleys. And, of course, none of these fears were realized. The 31 States that have now for some time had concealed carry laws-in every instance, in every one of those States, they reduced violent crime by 61 percent. Now, that is a remarkable achievement and I think it is a full and complete response to your question. Senator ASHCROFT. I understand the National Rifle Association has challenged the White House to implement Richmond, VA's Project Exile in other cities. Could you describe Richmond's effort and your view on how we can implement Richmond, VA's Project Exile? Mr. HESTON. Well, our executive vice president, Wayne LaPierre, is particularly versed on that, though I was involved in the discus sion with the mayor of Philadelphia. Why don't you let me give the floor to Wayne LaPierre? STATEMENT OF WAYNE LAPIERRE Mr. LAPIERRE. Senator, I believe that based on the experience of Richmond, VA, that is the single most important development in terms of controlling crime in this country that we have seen in the last 10, 15 years. The problem with this entire area has been that we have a lot of Federal firearms laws on the books. It is a Federal felony for a felon to have a gun. It is a Federal felony for a felon to try to buy a gun. It is a Federal felony for someone to carry guns and sell drugs. It is a Federal felony to have guns in schools, and it is a Federal felony to run guns. And yet, once those laws are passed, the Department of Justice, particularly under Attorney General Reno, sits there, and while they go to all the photo opportunities, they don't bring any prosecutions against the bad guys. There is only one area in the United States where they are really doing that and that is Richmond, VA. Some folks in the U.S. attorney's office-they have a little girl down there and she said, "Dad, what can you do to stop crime?" And he is sitting there thinking "I can do something, I am in the U.S. attorney's office," and he came up with this program called Project Exile, which means exiling criminals with guns from the community. And what they did is, one hundred percent of the time when they catch a felon with a gun, a felon trying to buy a gun, someone carrying guns and selling drugs, they bring prosecution every time and they send them to the Federal penitentiary. They have cut the murder rate by 70 percent in Richmond, VA. Nothing that has ever been proposed has worked better, and that is what we ought to be doing in every single city in the United States. And for some reason, the Department of Justice refuses to bring these prosecutions and refuses to embrace Project Exile, which is working better than anything that has ever been proposed. Mr. HESTON. I would, if I may, second Mr. LaPierre's comments and say that we have been in contact with the leadership of both Houses of the Congress who have said they will fund this. Isn't that correct, Wayne? Mr. LAPIERRE. And what happens in Richmond-in fact, when U.S. Attorney Dave Schiller walked in there, or the assistant U.S. attorney, and told the Richmond police he was going to prosecute one hundred percent of the time, they all broke out laughing because they had never seen it happen before. He handed them this card which has the Federal firearms laws on it, the existing laws, and said, "every time you run into one of these cases, you call me and we are going to prosecute." A year-and-a-half later, they are not laughing and it is working. Senator ASHCROFT. Senator Feingold. Senator FEINGOLD. Thank you, Mr. Chairman. Mr. Heston, again, welcome. As I noted in my opening statement, when I served as a Wisconsin State Senator I helped author a proposed State constitutional amendment to guarantee Wisconsin to have the right to bear arms. And as I noted, I will have the pleasure on November 3rd to actually vote for such an amendment. It |