Kavanaugh: Protecting the Second Amendment for the Next Generation

By Dave Dolbee published on in General

While the media and special interest groups have been in a frenzy since Justice Kennedy announced his retirement, President Trump was finishing the selection process for his next Supreme Court Justice nomination. While none of the finalists had a record of opposing the “Right to Keep and Bear Arms,” Judge Brett Kavanaugh arguably had the strongest record of supporting the Second Amendment, which is a win for gun owners.

President Trump with Judge Kavanaugh and family during his Supreme Court nomination

On Monday, President Trump nominated federal judge Brett M. Kavanaugh to the Supreme Court—a win for gun owners and the Second Amendment.

After President Trump’s announcement, Judge Kavanaugh was offered a chance to make a statement. His opening point noted, “A judge must be independent and must interpret the law, not make the law.” Supporters of the Second Amendment can all breath a collective sigh of relief at this. Regardless of your personal politics, can you imagine the bias against the Second Amendment that a ‘President’ Hillary Clinton would have had when she nominated Justices to the Supreme Court?

The Second Amendment is very clear. Any justice who interprets the law as the founders of the Constitution intended cannot infringe on the Second Amendment or our rights. Judge Kavanaugh’s record speaks volumes about his strict adherence to the Constitution and original intent. For example, Judge Kavanaugh recently wrote a minority dissent regarding a case many dubbed to be Heller II. In this case, Judge Kavanaugh dissented:

In Heller, the Supreme Court held that handguns – the vast majority of which today are semi-automatic – are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens. There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semi-automatic rifles. Semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Moreover, semi-automatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.’s ban on them is unconstitutional. (By contrast, fully automatic weapons, also known as machine guns, have traditionally been banned and may continue to be banned after Heller.)

D.C.’s registration requirement, which is significantly more stringent than any other federal or state gun law in the United States, is likewise unconstitutional. Heller and later McDonald said that regulations on the sale, possession, or use of guns are permissible if they are within the class of traditional, “longstanding” gun regulations in the United States. Registration of all lawfully possessed guns – as distinct from licensing of gun owners or mandatory record-keeping by gun sellers – has not traditionally been required in the United States and even today remains highly unusual. Under Heller’s history, and tradition-based test, D.C.’s registration requirement is therefore unconstitutional.

While having another Supreme Court Justice with a record of upholding the original intent of the Second Amendment would be a win for gun owners, Judge Kavanaugh is far from being confirmed. Several forces, within the media, political circles, special interest groups, and grass roots efforts are rising up to oppose Kavanaugh. If you are a supporter of the Second Amendment, this is an opportunity to make your voice heard and ensure the Senate’s confirmation of a new justice who will protect the Second Amendment for the next generation and beyond.

Have you supported the Second Amendment Foundation, National Rifle Association or any other gun rights groups efforts to get Judge Kavanaugh confirmed to the Supreme Court? Will you? How? Share your answer in the comment section.

SLRule

Growing up in Pennsylvania’s game-rich Allegany region, Dave Dolbee was introduced to whitetail hunting at a young age. At age 19 he bought his first bow while serving in the U.S. Navy, and began bowhunting after returning from Operation Desert Shield/Desert Storm. Dave was a sponsored Pro Staff Shooter for several top archery companies during the 1990s and an Olympic hopeful holding up to 16 archery records at one point. During Dave’s writing career, he has written for several smaller publications as well as many major content providers such as Guns & Ammo, Shooting Times, Outdoor Life, Petersen’s Hunting, Rifle Shooter, Petersen’s Bowhunting, Bowhunter, Game & Fish magazines, Handguns, F.O.P Fraternal Order of Police, Archery Business, SHOT Business, OutdoorRoadmap.com, TheGearExpert.com and others. Dave is currently a staff writer for Cheaper Than Dirt!

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Comments (26)

  • Hide Behind

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    Let’s see: Trumps son in law gets a 1 Billion Dollar loan through Kennedy’s son’s bank, Kennedy retires and voila a half baked butt kissing pretty boy of upper class appears out of nowhere to replace him.
    Replacements only connection to US Constitution is, he “says” he is pro 2nd Amendment, good enough for gun owners support.
    2nd Amendment is no longer a Right, and the rulings have not one damn thing to do with, “Intent and Spirit” of that Right.
    I am glad we.can protect ourselves, and with permission purchase a self defence weapon; a weapon that Congress and Courts agree, can be limited and even outlawed by an edict of Executive Branch and State Legislations, and the Supreme Court agrees..
    This government has legalized corruption and removed all restrictions upon itself, members, and their sponsors while destroying any resemblance to our original Intent of national origins, and gun owners cheer the replacement of one oligarchs buffoon with another.
    When and the he’ll are gun owners going to wake up?
    Trump is not pro gun, the whole commons is non 2nd Amendment, and a what used to be a “Civil” Police Force has become a militarized branch of Federal Military Security, and they are darlings of majority of gun owners.
    More of same self delusions towards there being a 2nd Amendment with no one with guts to defend it, neutered mentally and physicly into no more than indoctrinated and propagandized herd animals.
    Party and crony politics is not supposed to be the basis of Supreme Court Rulings, a Right denied one individual is Rights denied all.
    So cheer another ads kissing pretty boy, but to protect his and his appointees interest, he will not stop gun confiscation and limitation, but will indeed continue the deterioration of Liberty and Freedom in future.
    That billion dollar loans to and for between people of power and ex elected and seated politicos become multi millionaires after 4 years in office does not bother, shows just how deep the selfie motive runs throughout our society.
    You and I got ours, and to he’ll with real 2nd, just as long as we might legally defend ourselves.

    Reply

  • Steve

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    It’s definitely a start. The Supreme Court has historically been a left wing machine. Perhaps we can put someone in there to break the “group think”. The dissent posted above was a minor one.

    Reply

  • Troop Emonds

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    If an AR-15 had wood, straight grip stock, no carrying handle, was brown-red or bronze rather than black and was called an anti-assault minute man hunter. Would it be legal in California, New Jersey, and Connecticut?

    It would not be a military, assault style weapon at all but rather a semi-auto rifle like a Ruger 10/22.

    Reply

    • B.E.L.-CA

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      For the most part yes, it would be legal in CA. The folks who write the CA gun control laws in CA don’t understand firearms in general. I converted my perfectly good standard AR to a “featureless” design in order to not have to register it as an “assault weapon.” The rifle operates as well as it ever did, in some cases easier. And the best part? I now have a standard magazine release. What did I change: the grip, the stock, and traded the flash hider for a muzzle break. I don’t know what to call it now but I do know CA no longer considers it an assault weapon.
      This message comes to you from Behind Enemey Lines in CA.

      Reply

  • Jackie

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    They all need to stop opposing him and give him what is rightfully his as he is the best qualified man for the job. My family and I are all life members of the NRA. I have also signed emailed petitions from Liberty Council, the NRA, and others pushing for a swift confirmation of
    Judge Kavanaugh. I hope everyone gets involved in whatever ways they can to voice what should have already been done without fight or tears from the Dems. We all need to be couragous and stand for what is right! God bless ya’ll!

    Reply

  • Kenneth M Matsumoto

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    I need my right to free speech. I need my right to bear arms. I need the right to choose my own religion. I need the right to free enterprise. I need a life of liberty and the pursuit of happiness. I need all of my rights that is guaranteed to me! Therefore, if the Honorable Mr. Kavanaugh resides in the Supreme Court, then I am presumably assured that my rights are protected because he stated, “A judge must be independent and must interpret the law, not make the law.” Which is written in our Constitution “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” That statement is set in stone in my view and Mr. Kavanaugh protects my rights in this country. It is not threatened by his appointment but only enhanced by his presence.

    Reply

  • Dave

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    Kavanaugh is a big supporter of corporate money in politics, and appears to support forcing women who become pregnant or are raped/incenst to bear their babies. His 2A support is welcome, but his other reactionary views are not.

    Reply

  • G

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    Yes indeed … however I would like to go one step further and say that lets all hope that he is commited to the constitution as well as ALL the ammendments.

    Reply

  • joefoam

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    The Supreme court has been a liberal haven for decades, using judges as advocates. I hope with this appointment some bad rulings will be overturned. I’m a member of the NRA, GOA and NAGR. I figure it can’t hurt to spread the money around. Hopefully between them we can get some of our rights back.

    Reply

  • Spencer

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    I only wish I could vote for him.

    Reply

  • Bob

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    I hope his statement regarding “not traditionally banned” does not indicate his support for the Hughes Amendment, or even NFA 1934, should we ever gain an opportunity to repeal them.

    Reply

    • Christopher Miller

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      This is my concern as well. I am leery of anyone that isn’t of the mindset that we should repeal all gun control laws.

      Reply

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