Kavanaugh and the Second Amendment

Discuss the 2nd Amendment and issues that relate to our right to keep and bear arms.
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smithers599
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Kavanaugh and the Second Amendment

#1

Post by smithers599 » July 9th, 2018, 6:06 pm

https://www.gunproplus.com/natl-courts- ... un-rights/

Judge Kavanaugh’s Record on Second Amendment/Gun Rights
By ED WHELAN

In follow-on litigation to the Supreme Court’s landmark ruling on the Second Amendment in D.C. v. Heller, a D.C. Circuit panel majority, consisting of two Republican appointees, upheld the District of Columbia’s ban on possession of most semi-automatic rifles and its registration requirement for all guns in D.C. Judge Kavanaugh dissented (in Heller v. D.C. (2011)). An excerpt from his dissent:
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 semiautomatic 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, semiautomatic 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 recordkeeping 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.



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Suck My Glock
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Re: Kavanaugh and the Second Amendment

#2

Post by Suck My Glock » July 9th, 2018, 7:17 pm

Distressed to see him unconcerned regarding the trespass against machineguns.

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Re: Kavanaugh and the Second Amendment

#3

Post by PWilliam » July 9th, 2018, 8:18 pm

"shall not be infringed"
Nuff said.
It is only when a mosquito lands on your testicles that your realize there is always a way to solve problems without using violence. - Confusious

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smithers599
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Re: Kavanaugh and the Second Amendment

#4

Post by smithers599 » July 9th, 2018, 8:51 pm

Think about how close we came to President Hillary Clinton appointing Eric Holder and Loretta Lynch to the Supreme Court.

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Re: Kavanaugh and the Second Amendment

#5

Post by Joe_Blacke » July 9th, 2018, 9:14 pm

Suck My Glock wrote:
July 9th, 2018, 7:17 pm
Distressed to see him unconcerned regarding the trespass against machineguns.
His opinion is regarding the case before him, which was an argument regarding semi auto rifles only.

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Re: Kavanaugh and the Second Amendment

#6

Post by Desert Rat » July 9th, 2018, 9:32 pm

Yeah, I have mixed feelings, he generally seems to support the second amendment but then made that decision.
Then again smithers599 has a good point, it could be worse.
"Duty is ours; results are Gods." - John Quincy Adams

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Re: Kavanaugh and the Second Amendment

#7

Post by AZ1 » July 9th, 2018, 9:33 pm

Based on what I've read it sounds like we can do a lot worse than this guy.

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Re: Kavanaugh and the Second Amendment

#8

Post by thom » July 9th, 2018, 10:02 pm

I already got a text message from everytown for gun safety 2 tell the senators not to vote for him.
I think it's better to know what the enemy is planning, then let them surprise you.

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Re: Kavanaugh and the Second Amendment

#9

Post by AZ1 » July 9th, 2018, 10:05 pm

Sounds like he may be alright for gun rights issue, but I don't like what I've read about his 4th Amendment Search opinions.

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Re: Kavanaugh and the Second Amendment

#10

Post by 338lapua » July 17th, 2018, 11:45 pm

We could be on the second Hillary pick right now.

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Re: Kavanaugh and the Second Amendment

#11

Post by AZ1 » July 18th, 2018, 4:53 am

338lapua wrote:
July 17th, 2018, 11:45 pm
We could be on the second Hillary pick right now.
Exactly.

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Re: Kavanaugh and the Second Amendment

#12

Post by smithers599 » July 18th, 2018, 12:44 pm

Just spotted this on Michelle Malkin's website:

Michelle Malkin Retweeted
Dan Bongino

@dbongino
#BREAKING: The liberal outrage campaign over the Kavanaugh Supreme Court nomination is temporarily suspended for the current outrage campaign directed at the #RussiaSummit. Of course, this is pending the initiation of a new outrage campaign tomorrow for a yet to be named outrage.

That's funny, right there. :-)

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Re: Kavanaugh and the Second Amendment

#13

Post by Flash » July 19th, 2018, 1:12 pm

Image

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Re: Kavanaugh and the Second Amendment

#14

Post by smithers599 » October 8th, 2018, 9:36 am

https://www.usatoday.com/story/news/pol ... 535451002/
Here's a look at the first cases Kavanaugh will hear:
• Tuesday will feature a 1984 federal law that has been before the Supreme Court often: the Armed Career Criminal Act, which sets a 15-year minimum sentence for crimes involving firearms if the offender has three prior serious or violent felony convictions. Questions arise continually regarding what crimes are "serious" or "violent."

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