Kavanaugh a ‘mixed bag’ on 2nd Amendment

Kavanaugh a 'mixed bag' on 2nd Amendment

Marbut Provided photo President Trump’s pick for the U.S. Supreme Court, Judge Brett Kavanaugh, will be assailed by gun-control advocates as a likely judicial tyrant bent on arming children with machine guns. How does Kavanaugh look from our Montana perspective? Unfortunately, the expected opposition to Kavanaugh by gun control extremists is not as comforting as it could be. From an East Coast or D.C. perspective Kavanaugh may look like a Second Amendment supporter, but from our more liberty-oriented Montana perspective he is a mixed bag. Kavanaugh does believe that Second Amendment infringements should be subject to a strict scrutiny level of judicial review, a relatively high barrier. He thinks that semi-auto rifles deserve the same protection as the Supreme Court afforded semi-auto pistols in its Heller decision. But, he also thinks that much of the gun control currently applied across the U.S. may be tolerable notwithstanding the Second Amendment. Kavanaugh’s written history with the Second Amendment is in the context of D.C. As a longtime D.C. denizen, Kavanaugh thought that the effective D.C. gun ban laws were inconsistent with the Second Amendment. That’s good, but that’s not so impressive from our Montana perspective. From our more liberty-oriented Montana perspective, recognizing constitutional prohibition to an outright and effectively total gun ban is not something to cheer about. Here, we’re more concerned about less direct infringements such as a universal background checks (a euphemism for requiring that all private firearm transfers be recorded on federal computers), waiting periods to purchase firearms, […]

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