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The ACLU doesn't have a problem with 2A, but they see gun ownership as a collective right rather than an individual right. They have stood up for 2A rights in the past, but compared to the NRA and other 2A advocates, they have very limited resources, so they let the NRA / et. al. handle them.



> The ACLU doesn't have a problem with 2A, but they see gun ownership as a collective right rather than an individual right

To be specific - they disagree with one specific SCOTUS ruling that is less than a decade old (DC v. Heller). They do agree with the pro-gun arguments put forth by US v. Miller.

They have devoted (to my knowledge) no material resources towards fighting DC v. Heller despite their disagreement with it, and they explicitly leave most 2nd Amendment cases to other advocacy groups (namely the NRA) because those are much more well-funded and focused solely on the 2nd Amendment. The ACLU prefers to spend its much smaller and limited budget on cases which aren't really supported by many (if any) other advocacy groups.

This seems to keep coming up, and it's a rather tiresome argument: https://news.ycombinator.com/item?id=13511964


Actually, the NRA themselves didn't want pursue Heller in the SCOTUS. They are not an effective watchdog.

They are, IMHO, far more interested in pursuing their own agenda, which only partially intersects with the right to self defense. More important to them, it seems, is acting as stooges for the GOP. I came to that conclusion after a local election in which the NRA endorsed the GOP candidate, who had a C rating, as I recall, while turning up their noses at his challenger who was an A.

I believe that their reticence to litigate Heller was for their own self-preservation. They can make a better case for donation when they're able to sow FUD about taking away our guns. Having a definitive answer to the question from Heller (and later McDonald, to get it incorporated under the 14th Amendment) impairs how much fear they can inspire in gun owners.


> I believe that their reticence to litigate Heller was for their own self-preservation.

As I recall, it's because they didn't believe a priori that it was the strongest case. They definitely do support the decision and defend it in subsequent cases. It's not unusual for an advocacy group to pick and choose its legal battles based on what it thinks is most likely to advance its long-term agenda - each case is a legal risk, and with a it's possible to end up losing ground instead of gaining it. There's a lot of strategic calculation that goes into it, which doesn't mean that it's always successful or correct, but it's not unusual or suspicious when it happens.

This is similar to how Rosa Parks was chosen as the figurehead for the legal battles surrounding bus boycotts, even though she was not the first Black woman to refuse to give up her seat (and she wasn't even the one whose case made it to the Supreme Court). She was believed to be the most sympathetic and favorable candidate for challenging the law. (Ultimately, Claudette Colvin's case was the one that was actually upheld by the Supreme Court.)

> I believe that their reticence to litigate Heller was for their own self-preservation. They can make a better case for donation when they're able to sow FUD about taking away our guns. Having a definitive answer to the question from Heller (and later McDonald, to get it incorporated under the 14th Amendment) impairs how much fear they can inspire in gun owners.

There are a lot of criticisms I could enumerate about the NRA's inconsistency with how it pursues Second Amendment battles, but if you're concerned with the broad right to self-defense, I don't think they apply. I definitely would not say that they oppose clear constitutional protections for gun ownership (such as the Heller outcome) simply to line their own pockets, which is what you are implying.


More specifically, I think the NRA regards the GOP as extremely useful. They actually stooge for the gun manufacturers. If somehow the Republicans and the Democrats flipped sides, the NRA would flip, too. LaPierre and his crew would have to go, but that's business.


The ACLU doesn't have a problem with 2A, but they see gun ownership as a collective right rather than an individual right.

And that's a problem. It betrays either a gross misunderstanding on their part of the purpose of the Bill of Rights, which is unlikely, or other less transparent motivations, which aren't. There are other civil liberties organizations that don't argue for a state monopoly on the right to self defense. Consider helping them out instead.

It's ridiculous to talk about how misguided, dangerous, or outright evil the government is, only to turn around and argue that they should own all the guns.


ACLU doesn't argue that "they should own all the guns". They don't defend the individual right interpretation of the Second Amendment, but they don't argue against it, either. So, in effect, they're completely neutral on this.

They're also upfront about this position, so you can't claim that they're misleading you when they take your money.

When you donate money to ACLU, you do so in the knowledge that not go towards defending 2A rights[1]. But this is also the case for EFF, for example. Does that preclude you from donating to EFF, or any other organization? If not, then why do you demand that ACLU does something out of their declared scope.

[1] ACLU does actually defend 2A rights in contexts where they intersect with other rights. For example, they have collaborated with SAF to defend the rights of non-citizens to keep and bear arms - some states explicitly ban non-citizens from their shall-issue carry licensing provisions, or even firearm possession in general.


They don't defend the individual right interpretation of the Second Amendment, but they don't argue against it, either

I hear what you're saying, but it's clearly at odds with the position described at https://www.aclu.org/blog/speakeasy/heller-decision-and-seco... .

They explicitly interpret 2A as a "collective right," whatever that is. They also state their disagreement with Heller and presumably any number of lower court decisions in line with it.

Organizations like the EFF never claimed to be broad-based "civil liberties unions," so that's why I feel it's appropriate to hold them to different standards.


They interpret 2A as a collective right for the purposes of explaining why they (and note that this specifically refers to the national ACLU organization!) do not step in to defend it.

However, they never argue in court against 2A. Nor do they prohibit their member state organizations from taking a different position - and many do.

Yes, ACLU is a broad "civil liberties" organization. But there's no definitive list of civil liberties, and different people have different opinions on this. The fact that SCOTUS ruled on it doesn't change matters - SCOTUS rules on whether something is a constitutional right or not, not on whether something is a civil right or not. The latter is inherently a subjective assessment.


I appreciate your concern, but I also think it's misguided to dismiss the ACLU because of this single issue: it's not something they focus resources on. They're not actively campaigning against an individual's rights to bear arms. They're not even vocal about it. Gun rights or anti-gun rights are not what many people think of when they think of gun rights issues. You gotta pick your battles, and find allies where you can.




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