On the recordDecember 6, 2017
With this motion to recommit, my colleagues on the other side of the aisle are trying in vain to hamper the passage of this important legislation. H.R. 38 seeks to allow law- abiding citizens the ability to exercise their Second Amendment right when they cross State lines. The Supreme Court held in District of Columbia v. Heller that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia and to use that firearm for traditionally lawful purposes, such as self-defense. Further, the Court concluded that the Second Amendment guarantees the individual right to possess and carry weapons in case of confrontation, and that central to this right is the ``inherent right of self-defense.'' Additionally, in McDonnell v. City of Chicago, the Supreme Court ruled that the right of an individual to ``keep and bear arms,'' as protected under the Second Amendment, is incorporated by the Due Process Clause of the 14th Amendment against the States. An individual's Second Amendment right is no different than the First Amendment's protections on speech and free exercise of religious expression and the Fourth Amendment's prohibition against unreasonable search and seizure or the Eighth Amendment's prohibition of cruel and unusual punishment. Can you imagine my colleagues' outcries if any of the aforementioned rights stopped at their State's borders? Believe me, I can.…





