Chattanooga Times Free Press

No mystery to Kavanaugh’s views on guns

- BY MICHAEL KUNZELMAN AND LARRY NEUMEISTER

SILVER SPRING, Md. — Supreme Court nominee Brett Kavanaugh says he recognizes that gun, drug and gang violence “has plagued all of us.” Still, he believes the Constituti­on limits how far government can go to restrict gun use to prevent crime.

As a federal appeals court judge, Kavanaugh made it clear in a 2011 dissent he thinks Americans can keep most guns, even the AR-15 rifles used in some of the deadliest mass shootings.

Kavanaugh’s nomination by President Donald Trump has delighted Second Amendment advocates. Gun law supporters worry his ascendancy to America’s highest court would make it harder to curb the proliferat­ion of guns. Kavanaugh has the support of the National Rifle Associatio­n, which posted a photograph of Kavanaugh and Trump across the top of its website.

The Supreme Court has basically stayed away from major guns cases since its rulings in 2008 and 2010 declared a right to have a gun, at least in the home for the purpose of self-defense.

Gun rights advocates believe Kavanaugh interprets the Second Amendment right to bear arms more broadly than does Anthony Kennedy, the justice he would replace. As a first step, some legal experts expect Kavanaugh would be more likely to vote for the court to hear a case that could expand the right to gun ownership or curtail a gun control law.

Kavanaugh would be a “big improvemen­t” over Kennedy, said Erich Pratt, executive director of Gun Owners of America. Kennedy sided with the majority in rulings in 2008 and 2010 overturnin­g bans on handgun possession in the District of Columbia and Chicago, respective­ly, but some gun rights proponents believe he was a moderating influence.

“Kennedy tended to be all over the map” on the Second Amendment, Pratt said.

Former U.S. Rep. Gabby Giffords, the Arizona Democrat who was gravely wounded in a 2011 shooting at a constituen­t gathering, said in a written statement that Kavanaugh’s “dangerous views on the Second Amendment are far outside the mainstream of even conservati­ve thought.”

She predicted that Kavanaugh would back the gun lobby’s agenda, “putting corporate interests before public safety.”

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