A must-read from Dave Kopel on Brett Kavanaugh’s view of gun rights . . .
As Justice Kavanaugh explained, semi-automatic rifles date back to the Winchesters and Remingtons of 1903-06. Meanwhile, “The first semi-automatic shotgun, designed by John Browning and manufactured by Remington, hit the market in 1905 and was a runaway commercial success….Many of the early semi-automatic rifles were available with pistol grips. These semi-automatic rifles were designed and marketed primarily for use as hunting rifles, with a small ancillary market among law enforcement officers.” (citing John Henwood, The Forgotten Winchesters.) “Semi-automatic rifles remain in common use today, as even the majority opinion here acknowledges.”
Although a few states and municipalities ban some categories of semi-automatic rifles, most of the country does not, and even the bans that exist are significantly narrower than D.C.’s. What the Supreme Court said in Heller as to D.C.’s handgun ban thus applies just as well to D.C.’s new semi-automatic rifle ban: “Few laws in the history of our Nation have come close to the severe restriction of the District’s” law. 554 U.S. at 629. …
in its 1994 decision in Staples, the Supreme Court already stated that semi-automatic weapons “traditionally have been widely accepted as lawful possessions.” 511 U.S. at 612. Indeed, the precise weapon at issue in Staples was the AR-15. The AR-15 is the quintessential semi-automatic rifle that D.C. seeks to ban here. Yet as the Supreme Court noted in Staples, the AR-15 is in common use by law-abiding citizens and has traditionally been lawful to possess.
Reason No. 7,593 why the anti-gun left is apoplectic (well, more than usual) today . . .
“Gun Owners of America is optimistic that Judge Brett Kavanaugh will be a huge improvement over the retiring Justice Anthony Kennedy on many constitutional issues, including the Second Amendment.
“Initial reports suggest that Judge Kavanaugh deeply respects the Second Amendment, even though he was not the strongest of the finalists.
“Nevertheless, Judge Kavanaugh filed a pro-gun dissent in Heller II, arguing that Washington, DC’s ban on semi-automatic firearms was arbitrary and unlawful.
“In fact, his dissent was so well argued that GOA’s subsequent legal briefs have repeatedly held up his dissent as the model to follow.
Brandishing or defensive gun use? . . .
Cowboys cornerback Marquez White responded Monday to reports that he has been charged with aggravated assault with a deadly weapon stemming from an incident that occurred last October while driving in the Dallas suburb of Plano.
In a statement obtained by his hometown newspaper, the Dothan (Ala.) Eagle, White says he and his legal team “believe strongly that this a personal attack on my image as well as the Star.” White told the paper that he flashed his weapon – a legally-owned gun, according to reports – after his life was threatened during a road rage incident.
Because only highly trained law enforcement agents are qualified enough to carry a firearm . . .
An FBI agent accused of accidentally dropping and firing his gun while dancing at a Denver nightspot, hitting a bystander in the leg, can carry his work weapon again as he considers a possible plea deal.
A judge allowed the change to Chase Bishop’s conditions for release from jail during a short court hearing Tuesday.
Bishop’s lawyer, David Goddard, told Judge Fran Simonet that the FBI strongly encourages its agents to carry the service weapons when they are not working. Prosecutors did not object, so Simonet said Bishop could be armed both on and off duty.
Bishop will still not be allowed to drink or use drugs while his case is pending.
It’s cute that Mother Jones thinks the Giffords endorsement is “coveted.” And the fact that Fitzpatrick got that endorsement means he’s been doing it wrong . . .
Last week, Rep. Brian Fitzpatrick received a coveted endorsement that no other Republican has obtained this election cycle. Fitzpatrick, the GOP incumbent in Pennsylvania’s highly competitive 1st Congressional District, won the approval of Giffords, the gun control organization founded by Gabby Giffords, the former Arizona congresswoman who was severely injured in a 2011 shooting.
The group lauded the freshman lawmaker’s support for expanding background checks and for restricting assault weapons sales. It also praised his across-party-lines vote against a bill that would require states to recognize the validity of concealed-carry permits issued by other states—a top legislative priority for the National Rifle Association. “Congressman Fitzpatrick is a leader in the Republican caucus on the issue of gun safety,” the Giffords group wrote.
The Giffords announcement has raised more than a few eyebrows, putting Democratic operatives at odds with a gun control group they usually view as an ally. In part, that’s because Fitzpatrick’s record hasn’t always aligned with Giffords’ portrayal of him.