Explore The NRA Universe Of Websites

APPEARS IN News

To Uphold Heller, We Need Kavanaugh on the Supreme Court

Thursday, September 13, 2018

To Uphold Heller, We Need Kavanaugh on the Supreme Court


O
n May 20, 2016, candidate Donald Trump told the NRA members gathered at the NRA-ILA Leadership Forum in Louisville, Ky., “I will never let you down, I will protect the Second Amendment.” At that moment, the president’s power to nominate U.S. Supreme Court justices was forefront in the minds of NRA members. With the nomination of U.S. Court of Appeals for the District of Columbia Judge Brett M. Kavanaugh to replace the retiring Supreme Court Justice Anthony Kennedy, now-President Trump continues to live up to his promise.

All gun owners owe Kennedy a measure of gratitude. In 2008, Kennedy provided a crucial fifth vote for Justice Antonin Scalia’s majority opinion in the case District of Columbia v. Heller, and in 2010 he sided with the majority in McDonald v. Chicago. The Heller case recognized that the Second Amendment protects an individual right to keep and bear arms, and McDonaldincorporated that right to the states.

However, since those decisions, the Supreme Court’s willingness to address restrictions that violate the Second Amendment has stagnated. This has allowed many of the lower courts and state and local legislators to flout the clear intent of these landmark decisions.

Several members of the Supreme Court have expressed their frustration on this topic. In 2015, Scalia joined Justice Clarence Thomas’ dissent from the denial of certiorari in Friedman v. Highland Park, a case challenging a local ban on commonly owned semi-automatic firearms. In a 2016 concurrence to a per curiam decision in Caetano v. Massachusetts addressing the Massachusetts Supreme Court’s willful misapplication of Heller, Justice Samuel Alito implored the court to take action to defend its Second Amendment precedents. In 2017, Justice Neil Gorsuch joined Thomas’ dissent from the denial of certiorari in Peruta v. California, a case challenging California’s discretionary carry licensing scheme.

As a judge on the D.C. Circuit, Kavanaugh demonstrated his deep understanding of the Heller decision in a dissent in the 2011 case Heller v. District of Columbia (Heller II), a challenge to D.C.’s ban on commonly owned semi-automatic rifles and gun-registration regime.

In many Second Amendment cases, the lower courts have opted to analyze firearm restrictions using tiered balancing tests, weighing the government’s interests against the right to keep and bear arms. While some might claim to faithfully apply such tests, those tests have frequently been used to thwart the intent of Heller.

In truth, Heller demands that courts determine whether a firearm restriction is “longstanding,” and in the case of gun bans, whether the firearm is “in common use.”

In Heller II, Kavanaugh pointed out that Heller requires courts to “assess gun bans and regulations based on text, history and tradition.” Kavanaugh explained that the Second Amendment protects “weapons that have not traditionally been banned and are in common use by law-abiding citizens,” and that semi-automatic rifles are therefore protected. 
On registration, Kavanaugh noted, “[b]ecause most of the Nation has never required—and even now does not require—registration of all lawfully possessed firearms, D.C.’s strict registration law is not ‘longstanding’” and therefore, “violates the Second Amendment as construed by the Supreme Court.”

The NRA’s opponents are upset with Kavanaugh’s firm and clear application of the Heller decision, and are intent on obstructing his confirmation. For following Supreme Court precedent, Michael Bloomberg’s Everytown claimed Kavanaugh holds a “dangerous view of the Second Amendment,” Giffords labeled Kavanaugh a “radical,” and the Brady Campaign vowed to “fight this nomination tooth and nail.” Ignoring the plain language of Heller, and Scalia’s subsequent actions in Friedman, Sen. Chris Murphy, D-Conn., erroneously declared that Kavanaugh’s opposition to “assault weapon bans” was “far to the right of even the late Justice Scalia.”

U.S. Senate Minority Leader Chuck Schumer, D-N.Y., has told the press that he will “oppose [Kavanaugh] with everything I’ve got.” Further, with a one-vote Republican majority in the Senate, Kavanaugh’s supporters have no margin for error.

That is why it is imperative that you contact your senators to let them know that you support Trump’s nomination of Kavanaugh to the Supreme Court. Moreover, as leaders in the fight for freedom, it is incumbent upon us to encourage our like-minded friends and family members to do the same.

NRA members played an integral role in putting Trump in position to make this crucial nomination. The active support of NRA members is just as vital to ensuring we seize this historic opportunity. For information on how you can help, visit nraila.org.

IN THIS ARTICLE
Chris W. Cox Brett Kavanaugh
TRENDING NOW
Virginia: Anti-Gun Bills Headed to the Governor

News  

Sunday, March 8, 2026

Virginia: Anti-Gun Bills Headed to the Governor

As the 2026 General Assembly enters the final week of the 2026 legislative session, anti-gun lawmakers continue their push to radically change your Second Amendment rights in the Commonwealth. This week four anti-gun bills, SB ...

Senator Mike Lee Introduces National Constitutional Carry Act

News  

Friday, March 6, 2026

Senator Mike Lee Introduces National Constitutional Carry Act

Earlier this week, Senator Mike Lee (R-UT) introduced S. 4013, the National Constitutional Carry Act. This legislation would prohibit states from imposing any criminal or civil penalty on U.S. citizens for carrying a firearm in public. ...

Letitia James & Co. Sue to Bring Federal Gun Control Back from the Dead

News  

Monday, March 9, 2026

Letitia James & Co. Sue to Bring Federal Gun Control Back from the Dead

How times have changed. A little over a year ago, the most anti-Second Amendment President ever and his executive branch’s gun control agenda “had gun owners under siege on all fronts.” 

The Incremental Assault on the Second Amendment Continues in the States

News  

Monday, March 9, 2026

The Incremental Assault on the Second Amendment Continues in the States

State “assault weapons” ban legislation continues to gain traction in various jurisdictions this legislative session.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

News  

Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Supreme Court Holds Oral Arguments in Marijuana Related Firearm Prohibition Case

News  

Monday, March 9, 2026

Supreme Court Holds Oral Arguments in Marijuana Related Firearm Prohibition Case

On March 2, the U.S. Supreme Court held oral arguments in U.S. v Hemani, a case concerning the federal firearm prohibition on marijuana users. 

Oregon: Senate Passes Ballot Measure 114 Bill

Friday, March 6, 2026

Oregon: Senate Passes Ballot Measure 114 Bill

Yesterday, the Senate passed an amended House Bill 4145, now engrossed as HB 4145 B. It will now return to the House for concurrence as amended.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.