Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

On July 9, Sen. Chris Murphy (D-Conn.) offered the following ham-handed statement in an attempted attack on President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh. Brett Kavanaugh is a true Second Amendment radical. He believes assault weapon bans are unconstitutional, a position way out of the judicial mainstream, far to the right of even late Justice Scalia. Murphy’s comment gives the false impression that Former U.S. Supreme Court Justice Antonin Scalia, who authored of the majority opinion in the landmark 2008 District of Columbia v. Heller case that recognized the Second Amendment protects an individual right to keep and bear arms, did not consider bans on commonly-owned semi-automatic firearms (termed “assault weapons” by gun control advocates) to be unconstitutional. Unfortunately, Murphy is not the only individual to peddle this falsehood. Murphy’s fallacious claim was parroted by Rep. Ted Deutch (D-Fla.) , who tweeted, “Even Justice Scalia knew the 2nd Amendment has limits. It doesn’t guarantee access to every weapon, he said, and assault weapons can be banned.” In bemoaning Kavanaugh’s 2011 dissent in Heller II , where he concluded that D.C.’s semi-auto ban is unconstitutional, Brady Campaign Co-President Avery Gardiner contended that Kavanaugh’s view is “inconsistent w/ Scalia’s Heller opinion.” Political operatives and partisan hacks aside, this deceit has infected those who should know better. Earlier this year, U.S. District Court for the District of Massachusetts Judge William G. Young distorted Scalia’s views in his opinion in Workman v. Healy , which rejected a Second […]

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