Heller v. D.C. - Appeals (2010-2011, not the 2008 case)
https://www.cadc.uscourts.gov/internet/opinions.nsf/DECA496973477C748525791F004D84F9/%24file/10-7036-1333156.pdf#page=46
[Excerpts:]
“KAVANAUGH, Circuit Judge, dissenting:...
[...]
In my judgment, both D.C.’s ban on semi-automatic rifles and its gun registration requirement are unconstitutional under Heller.
In Heller, the Supreme Court held that handguns – the vast majority of which today are semi-automatic – are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens. There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semi-automatic rifles. Semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Moreover, semi-automatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It followsfrom Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.’s ban on them is unconstitutional.
[...]
In my view, Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as strict or intermediate scrutiny.”
There is a difference between the GOP-E and the Dems, just not enough. For one thing, more differences of opinion are allowed in the GOP.
I joined the GOP in the Reagan Era because there were open, and mostly amiable, disagreements about a number of things. By contrast, that was when pro-lfers were being silenced and expelled from the Democrat Party.
Thanks for the cite of his dissent in the Heller appeal. I’d seen that. I think it bodes well, if we can just get Judge Kav on the Court. Given the Left’s treatment of him, I think he is even more certain now that the 2nd Amendment protects an individual right to keep and bear arms. Massive backfire on the Left. I just pray Mitch keeps his word this time.