Videos tagged with Kavanaugh Descent

This video outlines a legal strategy to challenge ATF regulations on pistol braces, focusing on Second Amendment arguments. The speaker, Mark Smith, a constitutional attorney, proposes a three-part argument: 1) Pistols with stabilizing braces are handguns protected by Heller. 2) Even if considered short-barreled rifles, they are protected by the Second Amendment due to common use. 3) Registration requirements for these firearms are unconstitutional, citing Judge Kavanaugh's dissent in Heller II. The strategy also leverages the doctrine of constitutional avoidance to encourage rulings on administrative law grounds, thereby sidestepping constitutional interpretation.