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Research Article

New York’s Not So ‘SAFE’ Act
The Second Amendment in an Alice-In-Wonderland World Where Words Have No Meaning



Use and manipulation of the pejorative term “assault weapon” is a classic case of “an Alice-in-Wonderland world where words have no meaning.” The Second Amendment provides that “the right of the people to keep and bear Arms, shall not be infringed.” Arms, such as rifles, pistols, and shotguns, do not lose their constitutional protection because the legislature describes them with a derogatory term. Indeed, “no pronouncement of a legislature can forestall attack upon the constitutionality of the prohibition which it enacts by applying opprobrious epithets to the prohibited act . . . .”

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Stephen P. Halbrook, Ph.D., J.D., is a Senior Fellow at the Independent Institute and author of the books, Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”, The Founders' Second Amendment and Securing Civil Rights, the latter two of which were cited in the the U.S. Supreme Court cases of District of Columbia v. Heller and McDonald v. Chicago as well as his earlier Amici Curiae Brief in Heller on behalf of 55 members of the Senate, the Senate President, and 250 members of the House of Representatives. Dr. Halbrook is also the author of the book, That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Institute).


New from Stephen P. Halbrook!
GUN CONTROL IN THE THIRD REICH: Disarming the Jews and “Enemies of the State”
Presents the definitive history of how the Nazi regime used gun control to disarm and repress its enemies and consolidate power. Previous books on Nazi Germany and the Holocaust fail even to mention the laws restricting firearms ownership, which rendered Jews, political opponents, and other disfavored groups defenseless.







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