Brett Kavanaugh: Banning a ‘Class of Arms’ Like Banning a ‘Category of Speech’

WASHINGTON, DC - JULY 09: U.S. Circuit Judge Brett M. Kavanaugh looks on as U.S. President Donald Trump introduces him as his nominee to the United States Supreme Court during an event in the East Room of the White House July 9, 2018 in Washington, DC. Pending confirmation by the …
Chip Somodevilla/Getty Images

Judge Brett Kavanaugh, President Trump’s nominee to the Supreme Court of the United States (SCOTUS), has made clear in judicial writings that banning a certain “class of arms” is like banning a particular “category of speech.”

He referenced these things in the dissent to Heller v. District of Columbia (2011), a suit challenging firearm regulations adopted in D.C. in the aftermath of District of Columbia v. Heller (2008).

The Los Angeles Times quoted Kavanaugh writing, “A ban on a class of arms is not an incidental regulation. It is equivalent to a ban on a category of speech.”

Kavanaugh’s statement indicates his understanding that the rights protected by the Bill of Rights are of a cloth and possessed by the people on an individual basis. And his use of a First Amendment example to demonstrate the danger of an attack on the Second is a clear indication that he knows that each natural right is to be protected with vigor.

The Times went apoplectic over this, calling Kavanaugh an “activist conservative” and warning that he could strike down “assault-weapons” bans and “decree that law-abiding Americans have a right to carry a gun in public.”

Politco reports that Sen. Dianne Feinstein (D-CA) is assuring her constituents that she is able to lead the charge against Kavanaugh’s nomination. She said he must be opposed because he “will be the deciding vote on most things we hold most dear.”

Feinstein did acknowledge that Trump nominated Kavanaugh at time that puts red-state Democrats in a tough place. Senators like Joe Donnelly (D-IN), Joe Manchin (D-WV), Jon Tester (D-MT), and Heidi Heitkamp (D-ND) will have to go against their constituents pro-gun positions, as well as their constituents strong Trump support, in order to vote against Kavanaugh.

They will then have to face those same constituents as they run for re-election this November.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News, the host of the Breitbart podcast Bullets with AWR Hawkins, and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at Sign up to get Down Range at



Please let us know if you're having issues with commenting.