Explore The NRA Universe Of Websites

APPEARS IN News

Justice Kavanaugh

Monday, November 19, 2018

Supreme Court Associate Justice Brett M. Kavanaugh. Sounds pretty good, doesn’t it?

But the journey from nomination to confirmation was anything but good. In fact, it was an embarrassing spectacle.

America watched in shock as the left did everything it could to tear down an honorable man with a stellar judicial track record spanning more than a decade on the D.C. Circuit Court of Appeals.

In the end, though, Brett Kavanaugh was successfully confirmed on October 6.

Had the Kavanaugh confirmation been completely derailed, the Supreme Court would have remained with only eight justices until a new nominee could be confirmed. And those eight justices are evenly split when it comes to the Second Amendment. In other words, four respect the original intent of our Founding Fathers and support our individual right to keep and bear arms, while the other four support virtually unfettered restrictions on law-abiding gun owners.

Without Justice Kavanaugh’s confirmation, Second Amendment-related cases heard by the Supreme Court would have likely received a 4-4 split decision, leaving intact previous rulings. Thus, an anti-Second Amendment ruling handed down by a lower court would remain in effect in the jurisdiction covered by that court.

Because many firearm-related cases could soon be taken up by the Supreme Court, Justice Kavanaugh’s confirmation came not a moment too soon.

One such case, New York State Rifle & Pistol Association (NYSRPA) v. City of New York, challenges the constitutionality of Title 38 of the Rules of the City of New York.  The suit states that the rules infringe upon the Second Amendment by denying the right to possess and carry a firearm for personal defense, as well as by prohibiting residents from practicing at a firearms range or participating in shooting events located outside the borders of the City of New York. The rules were upheld by the U.S. Court of Appeals for the Second Circuit earlier this year, and an appeal to the Supreme Court has been filed.

Another important case, Rogers v. Grewal, challenges New Jersey’s “may issue”carry permit system, which requires permit applicants to show a “justifiable need”before they will be issued a permit to carry a concealed firearm. Rogers argued the “justifiable need”standard for carry permits was declared unconstitutional in Wrenn v. District of Columbia in 2017, so New Jersey’s standard should also be held as unconstitutional.

Wrenn, however, was decided in the U.S. Court of Appeals for the D.C. Circuit, and New Jersey falls under the purview of the Third Circuit. The Rogers case was dismissed due to the precedent in another case ruled on by the Third Circuit in 2013, Drake v. Filko, where the court held that the “justifiable need”standard was found to be constitutional. Rogers is on appeal to the Supreme Court, which will hopefully take up the case due to the conflicting rulings at the circuit court level.

Finally, there is Worman v. Baker, which challenges the constitutionality of the Massachusetts law that bans countless semiautomatic rifles and standard-capacity magazines. A federal judge has already ruled against the challenge, using a tortured misreading of the landmark Heller case, and the case could very well make it to the Supreme Court next year.

During his confirmation hearing, Justice Kavanaugh had an exchange with anti-gun Senator Dianne Feinstein that made clear just how important it was to the pro-gun community that he ascend to the Supreme Court. Feinstein questioned Kavanaugh’s dissent in a case that upheld a D.C. “assault weapon”ban, where he argued that such firearms are“in common use”and therefore protected under the Supreme Court’s Second Amendment precedent in Heller.

Feinstein made the ridiculous claim that “assault weapons” may be commonly owned but are not in common use. Judge Kavanaugh calmly pointed out that so-called “assault weapons”are, in fact, in common use,explaining that they are in the homes of millions of law-abiding Americans and there is no legal distinction between ownership and use.

It is because of such views that NRA, and all law-abiding gun owners, needed Justice Kavanaugh on the Supreme Court. We should all be thankful he was willing to endure the unprecedented personal smear campaign launched against him by those who will clearly do anything in order to oppose our constitutional freedoms.

IN THIS ARTICLE
Brett Kavanaugh
TRENDING NOW
California: City of San Diego Considers Gun Control Ordinance

Friday, July 12, 2019

California: City of San Diego Considers Gun Control Ordinance

San Diego City Attorney, Mara Elliott has asked the City Council to consider a draft ordinance that would require mandatory locked storage of firearms in the home and would propose a conflicting law regarding the reporting of ...

“Fact Checker:” Joe Biden’s “Gun Ban” Not a Gun Ban Because Some Guns Wouldn’t Be Banned

News  

Monday, July 15, 2019

“Fact Checker:” Joe Biden’s “Gun Ban” Not a Gun Ban Because Some Guns Wouldn’t Be Banned

Facebook has teamed up with what it calls “third-party fact-checkers” to punish users of its platform that post information embarrassing or inconvenient to this outlook. Yet like most sources of what passes as “news” or ...

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

Wednesday, July 3, 2019

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

CRPA, with the support of NRA, challenged the ammunition background check law in court months ago with the filing of the Rhode v. Becerra case. The lead plaintiff in the case is Olympic gold medalist shooter ...

Vox Wants to Take Your Guns

News  

Monday, July 8, 2019

Vox Wants to Take Your Guns

A conspiracy relies on secrecy. Some are, perhaps, never uncovered. Others are exposed by the conspirators themselves, who cannot help but share the details whether from arrogance or anxiousness. For years, law-abiding gun owners and ...

Recent Poll Shows Gun Control Not as Popular as Some Would Like to Believe

News  

Monday, July 8, 2019

Recent Poll Shows Gun Control Not as Popular as Some Would Like to Believe

A recent Morning Consult/POLITICO poll, conducted immediately prior to the recent  Democratic debates and gathering responses from 1,991 registered voters, asked about views toward the candidates, issues of potential importance in the election, voting intention, and ...

New Zealand Experience Further Proves Registration Facilitates Confiscations

News  

Monday, July 8, 2019

New Zealand Experience Further Proves Registration Facilitates Confiscations

Firearms registration facilitates firearms confiscation. This fact has been demonstrated in recent weeks, as the New Zealand authorities have lamented that the country does not have a firearms registry to assist them in their gun confiscation efforts.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Hollywood Fantasy v. Reality on Firearm Suppressors

News  

Monday, July 15, 2019

Hollywood Fantasy v. Reality on Firearm Suppressors

It’s no secret that Hollywood has a very loose relationship with reality.  The movie industry, after all, is based on fantasy and escapism, and that’s not necessarily a bad thing.  If someone wants to forget ...

California: Legislature Breaks for Summer Recess

Sunday, July 14, 2019

California: Legislature Breaks for Summer Recess

The California Legislature has recessed for the summer and will return August 12 from the break. Last week, the following actions were taken by the Senate Public Safety Committee, Senate Natural Resources, and both the Senate ...

Presidential Pretender Who Campaigned on Gun Control First to Call It Quits

News  

Monday, July 15, 2019

Presidential Pretender Who Campaigned on Gun Control First to Call It Quits

On Monday, Eric Swalwell became the first of the many pretenders for the Democrat presidential nomination to bow (or perhaps slink) out of the race. The U.S. Congressman from California’s 15th District had tried to distinguish himself from ...

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.