Kavanaugh is criticized for following the Heller precedent too well. [View all]
https://www.wsj.com/articles/dianne-get-your-gun-1536191440
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Gun control is a favorite issue of California Senator Dianne Feinstein, who challenged Judge Kavanaugh at Wednesdays confirmation hearing for following the Supreme Courts Heller precedent too literally for her political tastes. The 2008 Supreme Court ruling struck down a Washington, D.C., ban on handguns. The district then banned so-called assault weapons including semi-automatic rifles such as the AR-15. In D.C. v. Heller (2011), Judge Kavanaugh dissented from his appellate-court colleagues by arguing that the rifle ban is unconstitutional.
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This upsets Ms. Feinstein, who wants to ban semi-automatic rifles, and so she asked Judge Kavanaugh "what evidence or study did you use" to determine that assault weapons were in "common use"? Mr. Kavanaugh replied: "Semiautomatic rifles are widely possessed in the United States. There are millions and millions and millions of semiautomatic rifles that are possessed, so that seemed to fit common use."
Americans across the country use semi-automatic rifles for hunting and self-defenseso many that Dicks Sporting Goods reported weaker revenue last quarter after stopping sales of assault-style weapons. But according to Ms. Feinstein, the fact that large numbers of Americans buy and use these weapons doesnt mean they are in common use.
"Common use is an activity," she said. "It is not common storage or possession. It is use. So what you said was that these weapons are commonly used. They are not." In colonial times long guns and rifles were commonly kept and carried to be used to defend against tyrannical government and billigerents. By Ms. Feinsteins Second Amendment interpretation, nearly any gun could be banned since they spend more time in storage than "use."