Gun Control Laws May Face Tougher Test If Kavanaugh Confirmed

Gun control measures may face a new constitutional test if U.S. Supreme Court nominee Brett Kavanaugh’s view prevails on the high court.

Kavanaugh, who has defended gun rights, relies on history and tradition for analyzing gun control measures under the Second Amendment.

But Kavanaugh’s analysis is outside the mainstream approach now being used by federal circuit courts, UCLA Constitutional Law Professor Adam Winkler told Bloomberg Law. Winkler wrote the book “Gunfight: The Battle Over the Right to Bear Arms in America.”

Gun rights practitioner James B. Astrachan, of Astrachan Gunst Thomas PC, Baltimore, agreed, and said that most courts ...