Massie Testifies Before the Senate on the Right to Keep and Bear Arms
Senate testimony on the Second Amendment as an individual right — Massie against two standards for who gets to keep and bear arms.
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- Our first witness will be Representative Thomas Massie. Thomas Massie represents Kentucky's fourth congressional district. He serves as the chairman of the House Second Amendment Caucus and
- sits on the Judiciary Subcommittee on the Constitution and Limited Government. Congressman Massie, you are recognized for your opening statement. Thank you, Chairman Paul and Ranking Member Peters
- for allowing me to speak to the upper chamber here today. Uh, I'm very passionate about this issue of the right to keep and bear arms. I
- got my first firearm when I was 12 years old from my father and with that I learned the responsibility and the rights that come with owning a firearm.
- Uh, I formed the Second Amendment Caucus about a decade ago and uh, have been using that venue to bring in people like
- Alan Gura, the lawyer who was responsible for arguing the Heller case and also the McDonald case and he won both of those cases in the Supreme
- Court. In fact, we've had Dick Heller in our caucus and we've had some of those brave men who have stopped mass public
- shootings and it's been a great venue for teaching uh, myself and others more about the Second Amendment. In keeping with the committee's request,
- I've prepared a speech, but I'll only deliver part of that and then with your indulgence I'd like to like to talk about some legislation that I think is
- important that's sitting in the House. The simple and direct language of our Constitution is clear. The right of the people to keep and bear arms shall not
- be infringed. There are no qualifiers on who may keep arms, what types of arms they may keep or for what purposes and it certainly doesn't say that the right
- to bear arms is about trivial matters like deer hunting or skeet shooting. The Second Amendment exists for one clear reason, defense. For the defense of
- one's home, one's family and one's community. For the defense of liberty and safety, not only from a lone assailant, but from the whole of
- tyrannical government. That is why we have the Second Amendment. Our founders understood the greatest risk to liberty are not always found outside a nation's
- borders, even though we go looking for fights abroad sometimes too frequently, but oftentimes from within when a corrupt and dangerous few grow too ambitious and
- attempt to subjugate the masses. And when such tyranny arises, snakes prefer the path of least resistance. They prefer a population
- that is vulnerable and as George Mason reminded us in 1788, to disarm the people is the best and most effectual way to enslave them.
- History's riddled with oppressive states that stripped and abused their own people to keep riches for the assaulting cabal and in every instance before those
- snakes bit, they first took away the guns. Whether it was Hitler, Stalin, Mao, Castro or Chavez, gun confiscations
- and restrictions came first, then the infringement of all the other liberties and in many cases millions were killed by their own governments. It's not by
- the grace that America has averted similar atrocities. It's because of our Constitution's design. As Madison wrote
- in Federalist 46, the advantage of being armed with the Americans possess over the people of almost every other nation
- forms a barrier against the enterprises of ambition, a barrier against tyranny and oppression by a ruling class. To this point, I think it's I think it's
- incumbent upon us to advance legislation that will protect the Second Amendment here. We've sworn an oath to the Constitution to protect it from enemies
- from within and abroad. Uh, four pieces of legislation that I've sponsored in the House that I want to talk about today, one is to repeal the Gun Free School
- Zone Act. 94% of mass public shootings happen in gun-free zones and so we shouldn't be advertising as the default that our
- children are sitting ducks that are unprotected. In the states and school zones where they have allowed the carrying of firearms, there have been no
- such catastrophes. The other uh, bill that's easy to explain is a bill to allow 18 to 21-year-olds to buy handguns from a
- federal federally licensed dealer. I think it's somewhat ridiculous that you can be conscripted to serve your country in a
- war, you can be 18, 19 or 20 and forced into service to fight for your country, but you can't defend your own family with a handgun that you bought at a
- licensed dealer. So, we should repeal this federal restriction. Uh, a piece of legislation that's coming up in the House next month, which I think
- is very important, is to report some of the data that we collect in the NICS database. When you go to buy a gun, you fill out a form 4473. It's that gold
- form and they collect data on there that they never report and what we've discovered through my friend John Lott, who's an economist, a statistician and
- an author, is that there's inherent racism in the NICS background check system. Because it's sloppy and they check only phonetically similar names,
- when you go to purchase a gun, you can be deprived of purchasing that gun and the appeals process can get messy to prove you're not the same person that
- they think is the person who's prohibited. It turns out if you're a black American or Hispanic, you're far more likely to share a name phonetically
- with somebody who's a prohibited person who's been convicted of a crime of a year that has a punishment of a year or more. In fact, you're probably twice as
- likely if you're Hispanic to be falsely denied the purchase of a handgun and three times as likely if you're black to be denied the purchase of a gun at a
- dealership at a dealer. So, uh, this bill that's coming up in the House would just and by the way, it's passed with
- uh, unanimously in our Judiciary Committee. Democrats and Republicans have both voted for it. Simply requires the DOJ to publish that data, not of
- individuals, but in the aggregate of the denials by sex and also by race or ethnicity. Finally, uh, the bill that
- I'm most excited about is the National Constitutional Carry Act and Senator Lee has that here in the Senate now and some of you are sponsors of that. I thank
- you. Um, several years ago, there was legislation advanced to force reciprocity among the states for concealed carry permits. Now, that made
- sense at the time because in most of the states you needed a permit to carry a firearm, but 29 states now recognize that the right to keep and bear arms
- should not require permission from your government to bear those arms and so they have permit permitless carry. I've advanced a bill, the National
- Constitutional Carry Act that would extend that to all 50 states and the territories. Now, you may ask, well, does that violate the 10th Amendment?
- Are you infringing on state rights? Well, thanks to the McDonald case in 2010, which came two years after the Heller case. See, Heller was decided in
- DC, so it didn't impinge on the states, but the McDonald case versus Chicago incorporated the Second Amendment to the
- states. So, the states are constrained by the Second Amendment. So, no, it does not violate the 10th Amendment to tell the states that you must follow the
- right to keep and bear arms in the Second Amendment. So, I'd love to see some action on that here in the Senate. With that, um, I'll return to my
- prepared remarks and close. When we look to our Constitution, remember it's a document by our people
- for the purpose of constraining our government, not the other way around. The Second Amendment is the ultimate check on our government. Any attack on
- those core tenets, whether it's the Second Amendment, the First Amendment or the Fourth Amendment or any other provision of our Constitution is dangerous and wrong and one does not
- need to look too far back in history to find examples of why. And I'll I'll close with these words from Patrick Henry.
- Guard with jealous attention the public liberty. Suspect everyone who approaches the jewel. The great object is that every man be armed. Thank you very much
- for allowing me to testify today.
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