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Brett Kavanaugh on Gun Control
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Semiautomatic rifles are not a dangerous and unusual weapon
In 2011, Kavanaugh dissented from a majority opinion of the DC Circuit that upheld a ban that applied to semiautomatic rifles. In his dissent, he wrote that the Supreme Court had previously "held that handguns--the vast majority of which today are
semiautomatic--are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens."Citing a previous high court ruling, Kavanaugh went on to say, "It follows from Heller's protection of
semiautomatic handguns that semiautomatic rifles are also constitutionally protected and that DC's ban on them is unconstitutional."
Sen. Dianne Feinstein (D-CA) pressed Kavanaugh on his dissent during his confirmation hearings, asking, "What did you
base your conclusion on that assault weapons are in common use?"
"I had to follow precedent," Kavanaugh said, adding that "semiautomatic rifles are widely possessed in the US, so that seemed to fit common use in not being a dangerous & unusual weapon."
Source: CNN.com on lead-up to SCOTUS Confirmation Hearings
, Jul 9, 2018
Banning semiautomatic rifles & handgun registration unlawful
On the historical and traditional grounds, Kavanaugh argued that the ban on semiautomatic rifles and handgun registration requirements are unconstitutional. He reasoned that semiautomatic rifles "have not traditionally been banned and are in
common use by law-abiding citizens for self-defense." Similarly, he claimed that the "registration of all lawfully possessed guns--as distinct from licensing of gun owners or mandatory recordkeeping by gun sellers - has not traditionally been required."
Source: Vox.com on lead-up to SCOTUS Confirmation Hearing
, Sep 5, 2018
Page last updated: Mar 20, 2022