The Brady folks would love to have you believe they are winning the Second Amendment battle. To help spread this meme around, Mother Jones is clearly willing and able to lend a hand. My belief is this meme is aimed at potential donors. Brady doesn’t want donors to believe they are on the losing side of history, because who wants to fork over large sums of money to a group who’s cause is going nowhere?
But the Brady folks are making the mistake of believing that the number of battles you win or lose determines who wins the war. Anyone who knows anything about the history of this country knows that’s not the determining factor; it’s which battles you win or lose. Mother Jones notes:
The gun group’s vice president, Wayne LaPierre, said at the time that theÂ Heller ruling would be “the opening salvo in a step-by-step process” to kill off most of the nation’s gun control laws.
Well, three years later, gun control is alive and well despite more than 400 legal challenges based onÂ Heller,Â according to a new report (PDF) by the Brady Center to Prevent Gun Violence.
Only a fool would believe that Heller meant we’d have gun control on the ropes in three years. They also make the mistake of surmising our movement’s next step, believing we’ve already taken many of them. That next step was eliminating the gun ban in Chicago, and we were successful at achieving that. Now the next step would seem to be getting recognition of some form of right-to-carry outside of the home — the “bear” part of “keep and bear arms”.
The Brady’s here are, to put this in another context, noting that General Washington is losing more battles than he’s winning. That might be literally true, but that’s not how wars are fought and won. That’s now how a litigative strategy is fought and won either. There will be many many cases that are lost, especially in lower level courts, but as long as we win the important ones, we’ll achieve robust legal protections for the Second Amendment.
Ironically, the best hope the Brady folks can hope for is a second term for Barack Obama, where we’ll all be biting our fingernails praying for the health of Justices Roberts, Alito, Thomas, Kennedy and Scalia. If Obama gets to pick any of their replacements, there is a good chance the Second Amendment will be judicially erased from the constitution.