What many have portrayed as an attack on the Second Amendment can now be seen clearly as an attack on the First.
While the debate over gun regulation has been longstanding, the current iteration involves not only an attempt to wrest legal weapons out of the hands of law-abiding citizens, but to prevent them from even speaking their mind about the issue. The assault extends from both partisan states attorneys general to the White House itself.
President Joe Biden has vowed to “defeat” the National Rifle Association. Note the language. It doesn’t talk about opposing the organization’s goal of allowing citizens to fully practice their Second Amendment rights, but to vanquish a constitutionally protected alliance of citizens from expressing their opinion. That’s a vital distinction.
New York State Attorney General Letitia James, who famously found various excuses to sue the Trump Administration, has filed a lawsuit seeking to dissolve” the NRA. The excuse, or rather the grounds, specifically charges the NRA as a whole, as well as Executive Vice-President Wayne LaPierre, former Treasurer and Chief Financial Officer (CFO) Wilson “Woody” Phillips, former Chief of Staff and the Executive Director of General Operations Joshua Powell, and Corporate Secretary and General Counsel John Frazer with failing to manage the NRA’s funds and failing to follow numerous state and federal laws, contributing to the loss of more than $64 million in just three years for the NRA.
The use of questionable law suits to silence those opposing leftist policies is a growing trend. Dominion Voting Systems, which is part of the controversy surrounding the 2020 election, has brought an action seeking an astounding $1.3 billion defamation action against “My Pillow” founder Mike Lindell, who has publicly stated his belief that Dominion’s machines were biased against the then-incumbent president. Donald Trump and Rudolph Giuliani have been similarly assaulted.
For its part, the NRA has countersued Letitia James, on the grounds that she is weaponizing her position to silence and intimidate those with differing views. The pro-Second Amendment group states that the NY Attorney General lacks not only the authority to take the action, but is engaging in an action simply out of political partisanship.
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The abuse of legal process has long been recognized as an offense against justice. As explained by the Stimmel law firm “The turmoil and expense of litigation can cause significant harm in and of itself and may be a weapon to injure another even if the underlying case allegedly justifying the action is not considered viable by the very party bringing it. The case, itself, becomes the tool used to harm another.” The standard for bringing a case to court is not particularly high. Lawyers like to joke that a ham sandwich can be sued for lacking mayonnaise.
Well-funded leftist organizations have taken to the practice with true vigor. More distressingly, however, has been the enthusiasm with which elected officials have done so. Martin Morse Wooster, writing for the Capital Research Center notes that “Aiming to reshape society, state attorneys general wield ever-expanding powers over private corporations, foundations and nonprofits. Their activities–too often motivated by ideology and politics–frequently undermine the very institutions they are supposed to protect.”
Direct assaults on the Second Amendment have not been particularly popular nor have the numerous attempts been effective. The misuse of the legal process to weaken those supporting the right to bear arms is an attempt to change that.
Illustration: Pixabay