Monday, November 2, 2026

El-Sayed Wants Muskets, Everytown Wants AR-15 Bans

From founding-era muskets to modern AR-15s, gun-control activists continue challenging the constitutional protection of commonly owned firearms. iStock-2191454516
From founding-era muskets to modern AR-15s, gun-control activists continue challenging the constitutional protection of commonly owned firearms. iStock-2191454516

Speaking at a town hall in Midland, Michigan, Abdul El-Sayed told the crowd:

“I’m gonna swear an oath to the Constitution. The Constitution has a Second Amendment in it, but the Second Amendment, just so we all are clear, even the most conservative folks, they hew to this idea called originalism, and originalism is the idea that you should interpret the Constitution in the context in which the Constitution was written.”

“When they promised the right to bear arms, they had muskets. So, yeah, everyone should have equal rights to a musket.”

The only thing that bothers me more than El-Sayed making the comment is a deep and abiding concern he actually might believe it. Considering El-Sayed is running for the U.S. Senate.

Abdul El-Sayed is very well-educated. He was born and received his primary education in Michigan. He graduated from the University of Michigan and was Rhodes Scholar, earning a doctorate from Oxford.

However, there he was in Midland, Michigan, exercising his First Amendment rights with a wireless microphone while claiming his Second Amendment rights were frozen in the 18th Century, protecting only a smooth-bore, muzzle-loading musket.

I wouldn’t expect El-Sayed to know about the Kalthoff Repeater, the Girandoni rifle, or the breech-loading Ferguson Rifle, but I have to assume he knew about the Kentucky Long Rifle.

The Second Amendment’s protection doesn’t stop there: It extends to swords, spears, lances, halberds, bows, all arms out of antiquity, as well as all the arms that appeared after December 15, 1791, the date the Bill of Rights was ratified.

I think it’s reasonable to assume El-Sayed has at least heard of District of Columbia v. Heller but he might want to Google Caetano v. Massachusetts when the Supreme Court ruled unanimously the Second Amendment protects weapons that weren’t in existence at the time of the Founding.

The Second Amendment is timeless, just like the First Amendment and the rest of the Bill of Rights.

One has to assume Abdul El-Sayed was being disingenuous, if not dishonest. Perhaps he is a full member of the League of Lobotomized Parrots, mindlessly regurgitating the pap excreted by the gun control movement.

El-Sayed says he’s “Gonna swear an oath to the Constitution.” Why? He obviously knows little to nothing about it, so his oath isn’t worth much.

Some memes are like cockroaches, impossible to eliminate.

Among these is the idiotic “weapon of war’ claim, which is based on the preposterous notion that the Constitution prohibits citizens from owning not only military-style but actual military surplus equipment, including firearms, artillery, and even fully functional tanks. Congress, with its taxing power, does regulate many of these things, but they can still be transferred. The exception is machine guns not registered by May 19, 1986. The Hughes Amendment to the Firearm Owners Protection Act of 1986 closed the door on the transfer of new automatic or selective-fire guns to private citizens.

Janet Carter is the managing director of Second Amendment Litigation for Everytown Law, Not long before the wannabe Senator shared his ignorance with an appreciative audience, Ms. Carter was interviewed on The Center Square, a newswire service covering federal and state governments. Greg Bishop, the host, asked Ms. Carter about pistol grips and other characteristics, saying that gun rights advocates call them cosmetic.

“It’s not cosmetic. There’s a reason why this is the weapon of choice for mass shooters. We’ve seen this, uh, that in the l–, the 10 highest casualty mass shootings over the last ten years, all of those shooters have used both an assault weapon and a large-capacity magazine and speaking to those features in particular, so, uh, the things that define an assault weapon under the statutes that are challenged in this case are a couple of things: First is the ability to accept a detachable magazine that allows a shooter to not only fire whatever rounds are in the magazine but also quickly to reload and keep shooting. Uh, the other features, things like a pistol grip, a forward grip, those are features of the gun that allow the shooter to re-aim and keep firing quickly and that’s why these are the features that were on these weapons when they were created for the military. They are designed to allow soldiers to fire quickly at a–, uh, enemy combatants. And these are not features that somebody needs for self-defense or for hunting.”

It appears Ms. Carter knows as much about self-defense and hunting as she does about firearms.

The first American semiautomatic rifle with a detachable magazine holding more than ten cartridges was developed for – and marketed to – hunters. It fired at the same rate as the AR-15, one shot per pull of the trigger. The year was 1907. The rifle was the Winchester Model 1907.

Fast-forward to 1942. The M1 Carbine was a semiautomatic rifle with a 15-round magazine. It was an actual weapon of war, designed and produced for the U.S. Military and issued to warfighters by the millions.

Late in the war, the Army fielded the M2 Carbine, a selective-fire version of the M1 Carbine.

The basic M2 didn’t have a pistol grip, or a forward grip, a flash hider, or a ‘thing that goes up’, but it did have a 30-round, detachable magazine, and a rate of fire comparable to the M16.

The M2 met all the functional requirements to be considered an assault rifle. Since it was semiautomatic only, the M1 Carbine did not meet those requirements. On the other hand, the M1 was still military grade and was used in combat in World War II, Korea, and Vietnam.

In the early 1960s, the U.S. government began dumping tens of thousands of surplus M1 Carbines onto the market. Prices were as low as $20 for NRA members. They could be bought at five-and-dime stores, such as F.W. Woolworth’s.

In 1968, Congress changed the National Firearms Act of 1934 because the M1’s barrel was less than 18 inches long. M1s have been used in seven mass shootings beginning with the University of Texas Tower incident in August 1966. With all that, the M1 Carbine was not among the guns proscribed by the 1994-2004 federal assault weapons ban.

Compare that to the AR-15. Virtually every gun-grabber claim is completely false, from Josh Sugarmann’s 1988 paper “Assault Weapons and Accessories in America” where he suggested using the term “assault weapon” to make the AR-15 and similar rifles appear more threatening, to the fantastic claims about lethality and rate of fire.

Of course, no gun control zealot worth their salt can mention “assault weapon” without breathlessly invoking mass shootings.

Americans own an estimated 30 million rifles like the AR-15, AK-47, SKS and others. Of that number, 92 have been used in mass shootings over the past 49 years.

Hardly seems like an existential threat.

Despite the mountain of data arrayed against bans, Ms. Carter says she’s “cautiously optimistic” because multiple federal district courts have upheld bans in the past. Guess she missed the memo about the Third Circuit Appeals Court declaring New Jersey’s bans on certain rifles and standard-capacity magazines were unconstitutional. This was an en banc ruling with the judges voting 10-5 to ban the bans.

The rulings supporting bans, like those from the Seventh and Ninth Judicial Circuits, used suspect reasoning, such as a resemblance to military weapons, to arrive at a politically palatable decision. Since the U.S.government has been selling surplus military firearms to citizens since 1903, that line of reasoning is unlikely to sway the Supreme Court.

Related: Michigan Senate Candidate Abdul El-Sayed Thinks the Second Amendment Only Protects Muskets


About Bill Cawthon

Bill Cawthon first became a gun owner 55 years ago. He has been an active advocate for Americans’ civil liberties for more than a decade. He is the information director for the Second Amendment Society of Texas.Bill Cawthon



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Saturday, October 31, 2026

ATF Chief Counsel Robert Leider Resigns Amid Major Gun Rights Reforms

The Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF’s) top lawyer, Robert Leider, has resigned as Chief Counsel.

Robert Leider, former ATF Chief Counsel and Second Amendment legal scholar
Robert Leider resigned as ATF Chief Counsel on October 30, 2026, after helping oversee major firearms regulatory reforms. iStock-1371231628

ATF Director Robert Cekada said Leider tendered his resignation, and he has accepted it. Mr. Leider will return to the Antonin Scalia Law School at George Mason University as an Assistant Professor of Law. No other reasons were given for the resignation.

“Today, I accepted the resignation of ATF Chief Counsel Robert Leider,” Cekada wrote on X. “Robert has been a trusted advisor and has ably led ATF’s legal and policy work, strengthening the agency’s operations in countless ways. We are grateful for his service and wish him the very best as he returns to George Mason University, which is fortunate to have him back. Best of luck, Robert.”

The departure comes just weeks after Leider and Cekada sat side by side explaining the agency’s new National Firearms Act (NFA) guidance to gun owners.

From Scalia Law to the ATF

Mr. Leider’s appointment came in March 2025, shortly after Pam Bondi was confirmed as United States Attorney General on February 4 of the same year. He replaced rabid anti-gun lawyer Pamela Hicks, who was unceremoniously dismissed from the job. Bondi removed Hicks on February 20, 2025. Hicks confirmed the firing on LinkedIn, writing that she had been “served official notice from the Attorney General of the United States that I was being removed from my position as the Chief Counsel of ATF.” Hicks had served as Chief Counsel since 2021 under the Biden administration.

Before taking the position, Leider was a Second Amendment scholar who clerked for U.S. Supreme Court Justice Clarence Thomas and Seventh Circuit Judge Diane Sykes. At Scalia Law, he taught criminal law and torts. His scholarship focused on criminal law, criminal procedure, and constitutional law, with a particular focus on self-defense, the constitutional allocation of military power, and gun control. He published in the Florida Law Review, the Indiana Law Journal, and The Wall Street Journal, and he wrote “The Individual Right to Bear Arms for Common Defense.”

Leider also practiced at Arnold & Porter and Mayer Brown, and he holds a law degree from Yale and a Ph.D. in philosophy from Georgetown.

Just months before he took the job, Leider laid out his game plan in a December 2024 column for The Reload. He argued that gun-rights advocates would get more out of reforming the ATF than trying to abolish it.

“Instead of using their political capital to try and dismantle the ATF, gun advocates would likely see more success working within the system,” he wrote. “While federal firearms laws cannot be repealed by executive action, they still delegate significant power to the Attorney General (who subdelegates to ATF) on how the laws are implemented. The Trump Administration could shift many ATF policies in their favor.”

That is exactly what he set out to do.

A Wave of Rollbacks

During his time at the ATF, Leider supported the development and release of close to 40 proposed and final rules. These rules rolled back many regulations targeting American gun owners and streamlined regulation.

The changes started early. In April 2025, weeks after Leider arrived, the Department of Justice and ATF repealed the Biden-era “zero tolerance” Enhanced Regulatory Enforcement Policy, which had led to automatic license revocations for gun dealers over qualifying violations. The replacement policy, released in May 2025, requires a case-by-case review that considers a dealer’s intent, compliance history, and public-safety risk. Minor clerical errors can now get a warning instead of a death sentence for a small business. Cekada later said that he and Leider “rebuilt” the revocation process so that a revocation is not final until the director signs off, with Leider’s Office of Chief Counsel reviewing those cases.

In April 2026, the ATF rolled out its package of reforms.

Among them was a proposal to rescind the 2023 pistol stabilizing brace rule. Multiple federal courts had found that rule violated the Administrative Procedure Act (APA), and it had been enjoined, stayed, or vacated across numerous jurisdictions. The proposal would restore the regulatory definition of “rifle” to what it was before 2023. The agency said it “is a waste of resources to continue defending and trying to enforce the 2023 final rule.”

The package also proposed rescinding much of the Biden administration’s 2024 “engaged in the business” rule, which gun owners feared would turn private sellers into criminals. The ATF said it would keep only the definition Congress itself wrote into the Bipartisan Safer Communities Act. Many wished he had gone back to the rule as it was before Biden changed it. Because the ATF did not completely repeal the rule, the court battle still continues in Texas v. ATF.

Silencer Shop and the NFA

Leider also helped develop guidance on suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and Any Other Weapons (AOWs) after a ruling in Silencer Shop Foundation v. ATF.

The One Big Beautiful Bill (OBBB) Act, signed on July 4, 2025, cut the NFA’s $200 making-and-transfer tax on those items to $0, effective January 1, 2026. That left the NFA’s registration scheme standing without the tax it was built to enforce. On August 5, 2026, U.S. District Judge James Wesley Hendrix of the Northern District of Texas ruled that key registration and transfer provisions could no longer be justified under Congress’s taxing or commerce powers as applied to those untaxed items. He permanently barred enforcement against the plaintiffs, their members, and their customers. The Justice Department (DOJ) chose not to appeal.

Cekada and Leider said the ATF would treat all law-abiding Americans the same and would not enforce the enjoined provisions against anyone, whether or not they were technically covered by the injunction. They added that the guidance does not override state laws.

What Comes Next

Cekada, a career ATF agent who joined the bureau in 2005 after police work with the NYPD and in Plantation, Florida, became director in April 2026 after serving as deputy director since April 2025. He now has to replace the man who helped write much of his agenda.

That matters. The brace and “engaged in the business” repeals were published as proposed rules that have to clear notice and comment, and the fight over the Silencer Shop injunction is still playing out in court. Whoever takes over the Office of Chief Counsel will shape how those rules are finalized and defended.

The ATF has not named a successor or given a timeline for appointing one.

Related: ATF’s “61 Alerts” Claim Hides Broader FBI Gun-Buyer Surveillance


About John Crump

Mr. Crump is an NRA instructor and constitutional activist with more than 26 years of experience in networking and cybersecurity for major Fortune 100 companies. John has written about firearms, the Constitution, and cybersecurity, and has interviewed people from all walks of life. John lives in Northern Virginia with his wife and sons. Follow him on X at @right2bear, or at www.crumpy.com.Investigative journalist John Crump




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Friday, October 30, 2026

“Fixing” the NRA Board?

Jeff Knox discusses NRA Board reform and the debate over reducing the 76-member Board of Directors
NRA Director Jeff Knox explains his position on the proposed Board reduction and the changes to the committee overseeing reform. iStock-1356996019

Recently, my fellow NRA Director Dick Fairburn penned an article explaining his perception of the September NRA Board meeting, particularly the vote to refer a proposal for reducing the size of the Board to the Special Committee on Organization.  My perspective was different from Mr. Fairburn’s in that meeting and on that vote. I previously gave an overview of my take on the meeting in this article, but I’d like to share more of my perspective on what’s happened, why, where things are now, and where I hope to see things going in the future.

I have been an advocate for a smaller Board for years.  I have held that opinion both as a Board member and as an external gadfly.  My writing in this and other spaces put a spotlight on the issue of Board size, catching the attention of many NRA members as well as the judge in the New York case, who quoted my articles on the subject.

I am a member of the Special Committee on Organization. Our charter includes the issue of the Board size as a priority. The record shows, and I’ll repeat it here, that I was one of the overwhelming majority of Directors who voted to refer President Bachenberg’s Board reduction proposal to our committee. I didn’t vote for referral because I was worried about retaining my seat on the Board.  I came in 5th overall in my first election in 2024, and it is likely that I’ll do as well or better in the coming election. Not making the cut wouldn’t be a problem either, as I had previously decided not to run for a second term, but was convinced by friends and supporters to run again to help finish what I’d started. Being on the Board takes up a significant amount of my time and has cut deeply into my other activities, including the activities that I rely on to pay the bills, so financially, getting off the Board would be a boon for me and my family.

I appreciate Dick Fairburn’s perspective on the September meeting and our vote to refer the proposal to the Committee on Organization. Note that I said “refer,” not “refer back.”  The organizational change suggested by President Bachenberg had never been considered in the Committee on Organization.

That was one of my major problems with the President’s proposal: it wasn’t run through the process specifically created to address this issue.

The first time Board members heard about his proposal was when the President publicly announced it to members at the 2026 Annual Meeting of Members.  I happened to be standing near Amanda Suffecool, who chaired the Organization Committee at the time, and we looked at each other in surprise and confusion.  Amanda subsequently requested that the President send his proposal to the Committee for review, and he replied that the Committee would see it when everyone else did.

President Bachenberg intentionally chose to bypass the Committee that was created on the judge’s order to address this very question.  I don’t know why President Bachenberg made that decision.  The proposal didn’t really surface again until shortly before the September Board meeting.  It was presented and discussed in an online meeting of the Bylaws and Resolutions Committee.  The proposal was very simple: Reduce the size of the Board by 10 seats per year for the next three years, beginning with the 2027 election.  After initial discussions, and listening to my objections, he added a “Phase 2” which loosely suggested an eventual transition to a totally reorganized structure with a managing Board of 9 to 15 members, and an Advisory body that was much larger.  The President said this was added to address some of my concerns, as I’ve “long suggested such a reorganization.”

Why I voted to refer:

  1. The President’s proposal threw a “solution” on the table without clearly defining the “problem” it’s intended to solve.  Just saying “The Board’s too big” doesn’t cut it.
  2. The proposal didn’t “solve” anything.  While critics say the Board, by voting to refer, “kicked the can down the road” for another year, the proposal itself was just “kicking the can” for the next three years, giving a slight reduction each year, but not addressing the issue in a significant way.
  3. The President chose to bypass the process and push his personal agenda, and now has revamped and stalled that process, still pushing his independent plan.

I think we can, and must, do better.

I believe that at 76 members, the Board is too big to be effective.  I believe that most Directors and NRA members agree.  I also believe that President Bachenberg, Amanda Suffecool, and the vast majority of Directors are all doing what they believe is best for the NRA and our membership.  I think President Bachenberg has been, and is being, heavy-handed in his approach to this matter.

At the same time, I think Amanda and others have been trying to define and analyze all of the problems all at once, resulting in actually solving none of them.  Classic “analysis paralysis.”  I suspect there’s been some intentional loading-up of the Org. Committee to keep it busy with everything other than actually addressing the issue of board size.  I also suspect that there are a few Directors reveling in the chaos and a few others acting solely in personal self-interest.  (Emphasis on the word “few,” and this is just suspicion on my part – and I tend to be a bit paranoid.)

Where We Stand Now

Immediately after the Board meeting in September, Amanda called the Committee together to discuss a process for expediting a workable plan for presentation at the January Board meeting.  The upshot of that impromptu discussion was that the Committee would meet electronically on a weekly basis, beginning almost immediately, and meet once in-person (at our own expense) in early December, hopefully to hammer out final details and begin assembling a formal package for presentation to the Board in January.

The President had other ideas.  He instructed the Committee to stand down, then appointed another Committee member to replace Amanda as Chair, removing her from the Committee.  He also added 6 new members to the 8 existing members of the Committee, including one non-Board member, and appointed 4 additional people as Subject Matter Experts to advise the Committee in our work.

The Bylaws give the President the prerogative of appointing committee members and the committee charters give him the authority to appoint Chairs and Vice Chairs, so this is all well within his purview.  I disagree with his actions in this case, but we still have a job to do, and I’m confident the various Committee members – old and new – have been working toward solutions over the past month, and will have lots of interesting things to discuss when the Committee next meets.

As far as timelines go, I believe we will be able to formulate a solid proposal for the January Board meeting.  President Bachenberg has said he’d like a plan that can be enacted at the April Board meeting, right after the Meeting of Members, and it’s possible we could take some initial steps at that time.  Even so, it is likely that any serious reorganization will require a vote of the members, for at least part of it.  So I don’t see such major changes going into effect until April of 2028, with some incremental adjustments being phased in before and after that.

Meanwhile, there are several Bylaw amendments to enhance Board Transparency and accountability, which I’d like to see the Board adopt at our January meeting.  I’ll have more on those for your consideration soon.

For now, I’m very pleased with the overall progress that’s been made over the past couple of years.  I looked through my notes and a full two-thirds of the current Directors were first elected to the Board in 2022 or later.  And, the one-third or so of Directors who have been on the Board longer than that, will be reduced even further with the coming election.  The Board has almost had a full turnover and new blood is seeping into the NRA leadership, with My running mate Rocky Marshall serving as Second Vice President.

More important than Board realignment, is the recovery that has been going on under the leadership of Doug Hamlin in the operations of the Association.  It’s an ongoing struggle, but Doug and his team, with the help and guidance of our Board officers and key committees, has made great strides in improving operations to enhance the benefits and experience of our members, all while cutting spending and working under a balanced budget with a surplus at the end of the year.  Much of that work has been behind-the-curtain operational and infrastructure changes that are only now becoming visible to our members in the form of added member benefits, improved contact management (to reduce the number of renewal and fundraising requests members receive), and improvements in our social media, websites, and our phone app, which is constantly evolving and improving.  And of course, our team at ILA has been doing more with less, and getting the job done.  If you haven’t looked recently, take a look at the NRA-ILA website and see how active we are in the courts, in Congress, and in state legislatures around the country.  Click the menu in the upper left corner of the site to explore the various categories. No other organization comes close to doing what the NRA does every single day.

There will always be more work to do, but I’m very proud of what we’ve done over the past two-and-a-half years, so please take a look and consider supporting our efforts.

Related: NRA Board Sends Seat-Cut Plan Back for Study Ahead of 2027 Election


About Jeff Knox:

Jeff Knox is a dedicated political activist and the director of The Firearms Coalition, following in the footsteps of his father, Neal Knox. In 2024, Jeff was elected to the NRA Board of Directors, underscoring his lifelong commitment to protecting the Second Amendment. The Knox family has played a pivotal role in the ongoing struggle for gun rights, a legacy documented in the book Neal Knox – The Gun Rights War, authored by Jeff’s brother, Chris Knox.

Founded by Neal Knox in 1984, The Firearms Coalition is a network of individual Second Amendment activists, clubs, and civil rights organizations. The Coalition supports grassroots efforts by providing education, analysis of current issues, and a historical perspective on the gun rights movement. For more information, visit www.FirearmsCoalition.org.

Jeff Knox




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Gun Control Activist Defaces 9/11 Memorial, Demands National Gun Registry

Bronze panels displaying victims' names at the National September 11 Memorial in New York City
The National September 11 Memorial in Manhattan, where a gun-control activist was arrested following an October 26, 2026, graffiti incident. iStock-1883774579

“A gun regulation activist was arrested for defacing the 9/11 Memorial at Ground Zero in Manhattan with graffiti in an effort to draw attention to his website on Monday, officials said,” Daily News reported Wednesday. “Jonathan Andrew Tijerina, 31, scrawled ‘juststopkillingkids.com’ across bronze panels inscribed with the names of 9/11 victims at the memorial’s north pool around 5 p.m., police said.”

“Tijerina’s demands for stricter firearm regulation include universal background checks for gun purchases and laws requiring every gun in America to be registered, according to his website, which invites visitors to ‘learn how civil resistance works,’” the report elaborates.

“Just Stop Killing Kids,” the website demands, a sentiment all but the evil and depraved can share. The divergence comes from how best to achieve that goal, with Tijerina and his comrades coming down on the side of a government monopoly of violence.

“Civil resistance is proven to change laws and society. We are demanding action — and we will not stop until it happens,” the website declares, in effect threatening more disruptions and lawbreaking until they get what they want.

Here’s what they say they want – for now, claiming they are “Two specific, achievable demands. Neither requires repealing the Second Amendment. Both have majority public support. Both already exist in every other high-income country”:

Universal Background Checks: Every gun sale — private, online, at gun shows — must require a background check. No loopholes. No exceptions. This is the single most effective policy to keep guns out of dangerous hands.

Universal Gun Registry:  Every firearm in America must be registered to its owner. Accountability deters crime, aids law enforcement, and creates the infrastructure for a safer society. Every car is registered. Every gun should be too.

That actually confirms an observation on how the two are intertwined made by the National Institute of Justice, in its “Summary of Select Firearm Violence Prevention Strategies” (scroll to pg. 5):

“Effectiveness depends on the ability to reduce straw purchasing, requiring gun registration…”

They’re actually not achievable. Criminals, the predators out there “killing kids” (who don’t register stolen cars, either) won’t obey the law, and the Bureau of Justice Statistics documents that they don’t obtain their guns through conventional means:

“Among these, more than half (56%) had either stolen it (6%), found it at the scene of the crime (7%), or obtained it off the street or from the underground market (43%). Most of the remainder (25%) had obtained it from a family member or friend, or as a gift. Seven percent had purchased it under their own name from a licensed firearm dealer.”

Universal registration would also only impact the “law-abiding” and is clearly aimed at stopping home builds, whether through traditional means or via 3D printing technology, pejoratively called “ghost guns.” By including “every firearm,” that presumably would require older models owned before the 1968 Gun Control Act requirement to be registered or forfeit.

It would also be key to confiscation when the state figures it can get away with it, and anyone who calls that paranoid has not been paying attention to admissions the prohibitionists have let slip over the years, nor what irrevocably set the Colonists on the road to rebellion in 1775.

As for having “majority support,” what has not been established (and prominent Second Amendment organizations ought to commission a survey — perhaps from the Crime Prevention Resource Center?) is how much respondents actually know about existing “gun laws”  and the arguments against them before they’re being asked their opinions about adding new prohibitions (in couched terms). And the final canard being exploited is the “high-income country” deception, which always seems to exclude nations that don’t support foregone conclusions. Not only does that rely heavily on the correlation/causation logical fallacy, the whole point of the Constitution and the Bill of Rights is we’re not supposed to be like other countries, and the direction of immigration is pretty clear evidence that that’s recognized.

We’ve seen the flaws in the prohibitionists’ “reasoning.” Now let’s look at how they hope to achieve their objectives.

“Civil resistance is not hope. It is strategy. Here is what the data shows,” the Just Stop Killing Kids ‘Evidence’ page maintains, comparing itself and its tactics to the Freedom Riders, civil rights activists who rode buses into Southern states to pressure the Democrat Kennedy administration into enforcing Supreme Court rulings that segregated public buses were unconstitutional.

A section on the “Radical Flank Effect” explains both the strategy and a lot of what is happening within the Democrat Party in the merging of its establishment “old guard” with more radical emerging elements exemplified by Democratic Socialists of America and the like:

The Social Change Lab’s synthesis of historical and contemporary data found consistent evidence for the ‘radical flank effect’: the presence of a more radical wing of a movement increases public support for moderate demands, makes moderate negotiators appear more reasonable to policymakers, and expands the Overton window of what is politically possible. Movements with both radical and moderate wings consistently outperform movements with only one.

The “Freedom Rider” analogy is interesting because the organizing group behind that was CORE, the Congress of Racial Equality.  It’s interesting because its national chairman, elected in 1968, was the late Roy Innis. And he stood directly opposed to what the prohibitionists are demanding:

He was a Life Member of the National Rifle Association and served on its governing board.  Innis also chaired the NRA’s Urban Affairs Committee and was a member of the NRA Ethics Committee, and continued to speak publicly in the US and around the world in favor of individual civilian ownership of firearms, gun issues, and individual rights. He told Newsday in 1993, “My sons were not killed by the KKK or David Duke. They were murdered by young, black thugs. I use the murder of my sons by black hoodlums to shift the problems from excuses like the KKK to the dope pushers on the streets.”

It’s also interesting that the group is conflating kinetic action with civil disobedience, a time-honored American tradition exemplified by Henry David Thoreaus’s landmark essay Civil Disobedience. Contemporary parallels, such as the “I Will Not Comply” movement or my late friend and colleague (and “founder” of the Three Percent movement) Mike Vanderboegh’s magazine “smuggling” efforts, relied on defiance and disobedience, not on kinetic actions that expropriated and vandalized the property of others, and certainly did not desecrate the memories of fallen victims.

It says something about the company these people keep.

As long as Just Stop Killing Kids assumes the false mantle of civil rights activism to mask its subversive intents, it’s instructive to note that true Second Amendment activism is the real deal. Beginning in 2001, I was part of an effort to petition the Department of Justice to do what it had done in other states, like with the freedom Riders example, and enforce the Second Amendment. It’s personally gratifying to see that a quarter century later, the Justice Department’s Civil Rights Division, under U.S. Assistant Attorney General Harmeet Dhillon, is setting in motion attempts to do just that.

For now, the universal background check/registration infringements aren’t happening. Fail to vote next Tuesday and the playing field will change. Extend emocrat electoral victories to ’28 and expect a Supreme Court makeover to reverse Heller, McDonald and Bruen, that 2A is an individual right, that it applies to state and local governments through the Fourteenth Amendment’s due process clause, and that there must be analogues in new gun laws to the text, history, and traditions at the time the Bill of Rights was ratified.

Vote.

Finally, it’s instructive to note how the Daily News characterized the mutt as a “A gun regulation activist.” The propaganda outlet has has long been a prime example of the DSM (Duranty/Streicher Media), ready to attack the right to keep and bear arms at every opportunitywith hysterics and vitriol.

A more appropriate headline presents the story over at the New York Post:

Outrage as gun control nut spray paints 9/11 Memorial in sick political stunt

Call these people what they are.  And note the silence of sister organizations at condemning the desecration. As this article is being submitted for publication, not one of the leading national prohibitionist groups, Everytown, Giffords, and Brady, has acknowledged the vandalism. If they do, look for their statements to end up being demands for more infringements (and quite possibly for more money).

Related: Michigan Senate Candidate Abdul El-Sayed Thinks the Second Amendment Only Protects Muskets


About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea




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Thursday, October 29, 2026

Michigan Senate Candidate Abdul El-Sayed Thinks the Second Amendment Only Protects Muskets

Michigan Democrat Abdul El-Sayed claims the Second Amendment protects muskets, not modern firearms. The Supreme Court rejected that argument in 2008. Now, the Senate candidate’s latest remarks are drawing renewed attention to his previous proposal to replace the Second Amendment entirely.

Michigan Democratic U.S. Senate candidate Abdul El-Sayed argued that the Second Amendment’s protections should be interpreted in light of founding-era muskets, a position addressed by the Supreme Court in Heller. IMG iStock-2263107177

Michigan Democratic U.S. Senate candidate Abdul El-Sayed apparently believes Americans have a constitutional right to keep and bear arms, so long as those arms are muskets from the 18th century.

During a recent campaign appearance, El-Sayed attempted to explain constitutional originalism before suggesting that because muskets were commonly used when the Second Amendment was ratified, Americans today should have the right to those same weapons.

“When they promised the right to bear arms, they had muskets. So, yeah, everyone should have equal rights to a musket.”

There is one glaring problem with El-Sayed’s argument. The Supreme Court already rejected it nearly two decades ago.

In District of Columbia v. Heller (2008), Justice Antonin Scalia specifically addressed the claim that the Second Amendment protects only firearms available during the founding era, describing that reasoning as “bordering on the frivolous.”

Yet here we are in 2026, with a candidate for the United States Senate repeating the same argument while attempting to lecture Americans about the Constitution.

El-Sayed’s remarks, highlighted by the National Shooting Sports Foundation (NSSF) and examined by J.D. Tuccille at Reason, are particularly revealing when compared with his previous statements about the Second Amendment.

In 2023, El-Sayed openly proposed replacing the constitutional right to keep and bear arms with a right to healthcare. When confronted about that proposal during his Senate campaign, he declined to directly disavow it.

Taken together, El-Sayed’s statements go beyond the usual Democratic gun-control rhetoric about banning AR-15s and other semiautomatic firearms. He has explicitly proposed replacing the Second Amendment itself. His latest argument would effectively deny constitutional protection to modern firearms, something the Supreme Court has already rejected.

This is not merely a disagreement over firearm regulations. El-Sayed has publicly questioned whether the constitutional protection of gun ownership should continue to exist in its present form.

Justice Scalia Already Destroyed the Muskets-Only Argument

El-Sayed is hardly the first politician to suggest that the Second Amendment should be limited to muskets. Anti-gun activists have recycled versions of this argument for years, often claiming the Founders could never have imagined modern semiautomatic firearms.

Unfortunately for that argument, the Supreme Court settled the underlying constitutional question in District of Columbia v. Heller, No. 07-290.

Writing for the majority, Justice Antonin Scalia rejected the notion that constitutional protection ends with 18th-century technology.

The Court explained that the Second Amendment extends presumptively to bearable arms that did not exist at the founding, just as the First Amendment protects modern communications and the Fourth Amendment applies to modern methods of searching.

That ruling also affirmed that the Second Amendment protects an individual right to possess firearms independent of militia service, including for lawful self-defense in the home.

El-Sayed’s understanding of the amendment runs directly against those conclusions.

He attempts to use originalism to limit Americans to weapons from the founding era, but originalism does not mean constitutional rights are confined to the technology available in 1791.

It means the Constitution is interpreted according to its original public meaning.

The Second Amendment protects the right of the people to keep and bear arms. It does not specify muskets, flintlocks, or any other particular firearm. It certainly does not establish a technological expiration date for the constitutional rights of American citizens.

The Supreme Court reinforced the historical approach to Second Amendment cases in New York State Rifle & Pistol Association v. Bruen (2022), holding that firearm regulations must be consistent with the nation’s historical tradition of firearm regulation.

Neither decision supports the ridiculous notion that a constitutional right becomes obsolete whenever technology advances.

By El-Sayed’s Logic, the First Amendment Wouldn’t Protect the Internet

The constitutional problem with El-Sayed’s argument becomes even more apparent when the same reasoning is applied to other rights protected by the Bill of Rights.

The First Amendment was ratified in 1791. At the time, Americans relied on printing presses, handwritten correspondence, newspapers, and public speeches to communicate political ideas.

There were no smartphones, televisions, radio broadcasts, or social media platforms.

Does that mean the government can censor speech on Facebook or X because James Madison never owned an iPhone?

Of course not.

The Fourth Amendment was also written long before computers, GPS tracking, thermal imaging devices, and electronic surveillance. Yet Americans retain constitutional protections against unreasonable government searches involving those technologies.

Imagine a politician arguing that police could search private emails without constitutional restraint because the Founders communicated through handwritten letters.

That is essentially the same reasoning El-Sayed is applying to the Second Amendment.

As J.D. Tuccille explained in Reason, accepting this interpretation would leave constitutional protections limited to the technology of the 18th century.

The entire Bill of Rights would become increasingly meaningless as society developed new technologies.

The Constitution’s original meaning remains unchanged. What changes are the tools Americans use to exercise the rights it protects.

Americans do not lose their freedom of speech when they exchange printing presses for computers. They do not lose their Fourth Amendment protections when government agents exchange handwritten warrants for electronic surveillance.

And they do not lose their Second Amendment rights when firearms manufacturers develop better rifles, pistols, and ammunition.

The Founding Fathers Knew About Repeating Firearms

El-Sayed’s argument also demonstrates a poor understanding of American firearms history.

Anti-gun politicians frequently suggest that the Founders could never have imagined repeating firearms, much less the semiautomatic rifles and handguns owned by millions of Americans today.

That claim ignores firearms technology that existed long before the Second Amendment was ratified.

During the Revolutionary War, inventors and gunsmiths were already developing breech-loading rifles, repeating flintlocks, and firearms capable of delivering multiple shots without the conventional process of reloading a single-shot musket.

Some of those designs attracted the attention of the Continental Congress itself.

As firearms historian Logan Metesh documented in AmmoLand’s Fact Check: The Founding Fathers DID Know About Repeating Rifles, Philadelphia inventor Joseph Belton approached Congress in April 1777 with a repeating flintlock design that he claimed could fire multiple rounds in rapid succession.

Congress was sufficiently interested to authorize the construction or modification of 100 firearms using Belton’s improvements.

The project ultimately fell apart over Belton’s compensation demands, but the historical record establishes that America’s Founders were familiar with the concept of repeating firearms more than a decade before the Second Amendment was ratified.

Belton was far from the only firearms innovator of the era.

The Lorenzoni repeating flintlock employed an internal magazine and a rotating breech mechanism capable of delivering successive shots without conventional muzzleloading.

Kalthoff repeating firearms had existed since the 17th century.

The Ferguson rifle, developed before the American Revolution, featured a breech-loading mechanism that allowed a trained shooter to reload considerably faster than with a conventional musket.

The Girardoni repeating air rifle, introduced before the Bill of Rights was ratified, offered another example of firearms technology advancing beyond the ordinary single-shot musket.

These firearms were expensive, mechanically complicated, and generally uncommon, but they demonstrate that the Founders were not ignorant of repeating-firearm technology.

AmmoLand recently explored this tradition in Revolutionary War Gunsmiths & the Second Amendment, examining the craftsmen and inventors who developed, manufactured, and improved firearms during America’s founding.

The Founders understood that weapons technology would advance. They had already witnessed those advancements.

But even without these historical examples, El-Sayed’s argument would still fail. The Second Amendment protects a preexisting right to keep and bear arms, not a particular design of firearm.

El-Sayed Already Proposed Replacing the Second Amendment

El-Sayed’s recent musket comments are especially concerning when compared with his previous statements about the right to keep and bear arms.

In August 2026, The Reload uncovered a previously public YouTube video from April 6, 2023, in which El-Sayed suggested replacing the Second Amendment’s protection of gun ownership with a constitutional right to healthcare.

“What if we tweaked the Constitution? Amended the amendment, and instead of the right to bear arms, we change it to the right to have health care.”

That was not a proposal for another background check, waiting period, or ban on a particular type of firearm. El-Sayed was proposing to replace the constitutional guarantee itself. The video was subsequently removed from public access, although The Reload recovered a transcript of the recording.

During the same discussion, El-Sayed questioned the individual-rights interpretation of the Second Amendment, suggesting that its purpose involved state militias rather than the private possession of firearms. That argument also conflicts with Heller, which recognized the Second Amendment as protecting an individual right independent of militia service.

When the 2023 recording resurfaced during his Senate campaign, El-Sayed’s campaign said he respected the Second Amendment. However, it did not directly answer whether he continued to support replacing it.

During an August interview, El-Sayed was asked directly whether he wanted to replace the Second Amendment. Rather than disavowing the proposal, he shifted the discussion toward healthcare. According to The Reload’s August 27 follow-up, El-Sayed repeatedly avoided giving a direct answer.

Now, during his campaign for the United States Senate, he is again questioning the extent of the Second Amendment’s protections, this time by suggesting the constitutional right to bear arms should be understood in terms of muskets.

The statements form a public record that extends beyond ordinary disagreements over gun-control legislation.

In 2023, El-Sayed proposed replacing the Second Amendment. In August 2026, he declined to directly reject that proposal. Now he is advancing an interpretation that would leave modern firearms outside constitutional protection.

Americans have good reason to examine those statements closely, especially when they come from someone seeking a seat in the United States Senate.

The Second Amendment Protects Modern Arms, Not Just Antique Muskets

The Supreme Court did not hold in Heller that every firearm is constitutionally protected in every circumstance. It did, however, reject excluding weapons from Second Amendment protection simply because they were invented after the founding.

That remains a critical point in today’s legal battles over AR-15s, magazines, semiautomatic firearms, and the government’s authority to restrict commonly owned weapons.

Millions of Americans lawfully own modern firearms for self-defense, sporting purposes, competition, and other lawful activities. Those firearms are not automatically excluded from constitutional protection because they operate differently from the weapons carried during the Revolutionary War.

The right to keep and bear arms belongs to the people, not merely to the government, its military, or its police officers. El-Sayed’s musket argument would turn that principle on its head.

That is why the original meaning of the Second Amendment matters. The Founders did not write the Bill of Rights to grant government officials the power to decide which technological advancements citizens could use to exercise their liberties. They adopted constitutional protections intended to restrain government power.

The Second Amendment was not written to preserve a particular model of firearm. It was adopted to secure the people’s preexisting right to keep and bear arms against government infringement.

The Second Amendment’s original meaning remains unchanged, and its protection does not evaporate when firearms improve.

The right to keep and bear arms is not a government-issued permission slip to own an antique musket. It is a constitutional protection against government infringement, and Americans do not surrender that right simply because they choose a modern firearm.


About Duncan Johnson:

Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.Duncan Johnson




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Gun-Control Groups Ask Supreme Court to Gut Bruen and Strip AR-15s of Second Amendment Protection

Gun-control groups defending AR-15 bans before the Supreme Court are asking justices to weaken Second Amendment protections, relying on historical Bowie knife restrictions, Reconstruction-era Winchester rifle regulations, and arguments that America’s most popular semiautomatic rifle falls outside the Constitution.

AR-15 rifle iStock-2281848066
The Supreme Court will hear arguments in two major AR-15 ban cases on December 2, 2026, as gun-control groups defend restrictions on commonly owned rifles. iStock-2281848066

The gun-control lobby is showing its hand in the Supreme Court’s upcoming showdown over AR-15 bans. With the constitutionality of restrictions on America’s most popular semiautomatic rifle on the line, the organizations defending those bans are making it clear just how far they are willing to go to preserve them.

In an October 28 amicus brief, Giffords Law Center argues that the Supreme Court should overturn its landmark 2022 decision in New York State Rifle & Pistol Association v. Bruen if that precedent requires striking down bans on commonly owned semiautomatic rifles.

Virginia’s attorney general goes even further, telling the justices that AR-15s are not protected by the Second Amendment. Meanwhile, a group of historians is relying on 19th-century Bowie knife restrictions and questionable comparisons involving Winchester repeating rifles to defend modern bans on semiautomatic firearms.

These are not hypothetical arguments from your local anti-gun crackpot. They appear in documents submitted to the nation’s highest court in Viramontes v. Cook County, No. 25-238, and Grant v. Higgins, No. 25-566, two consolidated cases that could determine whether governments can continue banning rifles owned by millions of law-abiding Americans.

Giffords Wants Bruen Gone if It Means Protecting AR-15s

Perhaps the most revealing argument comes from Giffords Law Center, one of the country’s most prominent gun-control organizations. On page 18 of its brief, Giffords introduces an entire section with the heading:

“Striking Down the Challenged Laws Would Prove That Bruen Is Unworkable and Must Be Overruled.”

The organization first argues that the rifle bans can survive under Bruen. But if the justices disagree and conclude that the decision requires striking down those restrictions, Giffords offers another solution. On page 19, the organization writes:

“if Petitioners are right that this is the result Bruen commands, then Bruen is unworkable and must be overruled.”

Remember what Bruen established. The government cannot justify restrictions on the right to keep and bear arms simply by claiming that a law promotes public safety. Instead, it must demonstrate that the restriction is consistent with America’s historical tradition of firearm regulation.

That standard rejected the interest-balancing approach lower courts had repeatedly used to uphold gun-control laws despite their interference with an enumerated constitutional right.

Now Giffords is arguing that if the Supreme Court’s own Second Amendment test prevents lawmakers from banning commonly owned rifles, the Court should abandon that test.

The group’s brief also emphasizes the authority of state and local governments to address public-safety concerns. That argument reflects a familiar problem with gun-control advocacy: the suggestion that constitutional rights should depend on what elected officials believe their communities need.

The Second Amendment does not mean something different because someone crosses a county or state line. It protects an individual right against infringement by federal, state, and local governments.

Virginia Claims AR-15s Are Essentially Machine Guns

Virginia’s October 28 amicus brief takes a different, but equally troubling, approach. Rather than asking the Court to overturn Bruen, Virginia argues that the AR-15 does not qualify as a protected arm under the Second Amendment. The brief states on page 3:

“AR-15s are not ‘Arms’ that the Second Amendment protects.”

Virginia then advances an extraordinary comparison, describing AR-15s as machine guns except for their semiautomatic firing mechanism. That argument dismisses one of the most fundamental distinctions in firearms design.

A standard semiautomatic AR-15 fires one round for each pull of the trigger. A fully automatic machine gun can fire multiple rounds with a single sustained trigger pull. These are materially different operating systems, and federal firearms law recognizes that distinction.

Calling an AR-15 essentially a machine gun does not change how the rifle actually operates.

Virginia also argues that AR-15s are not commonly used for lawful self-defense, challenging the gun-owner surveys and ownership estimates cited by the petitioners.

But the Supreme Court’s decision in District of Columbia v. Heller recognized protection for arms typically possessed by law-abiding citizens for lawful purposes. Nothing in that principle requires Americans to have already fired their firearms in self-defense before their ownership receives constitutional protection.

Virginia’s position is particularly significant because the Commonwealth enacted its own restrictions on semiautomatic rifles in 2026, which have faced constitutional challenges and preliminary injunctions.

The state has an obvious interest in convincing the Supreme Court that governments can prohibit rifles commonly owned by their citizens.

Historians Turn to Bowie Knives and Winchester Rifles to Defend AR-15 Bans

Perhaps the most revealing historical arguments appear in a separate amicus brief submitted by historians, including David J. DeLay and other academics who have examined historical firearms regulations.

The historians argue that 19th-century restrictions on Bowie knives, along with selected regulations involving Winchester repeating rifles, establish a tradition of regulating weapons considered particularly dangerous.

Their discussion of Winchester rifles is particularly interesting.

Repeating rifles were a major technological advancement in the 19th century. The Henry rifle and subsequent Winchester designs allowed Americans to fire multiple rounds without reloading after every shot. Like today’s semiautomatic rifles, they represented a significant improvement over earlier firearms.

Yet the historians do not identify a broad American tradition of categorically prohibiting ordinary civilian possession of Winchester repeating rifles.

Instead, they rely on a handful of examples that deserve much closer examination.

One concerns an 1893 Florida law requiring a license for Winchester rifles. The National Rifle Association has challenged that law’s relevance, identifying its discriminatory history. The historians dispute that characterization and argue that concerns about murders involving Winchesters also contributed to its passage.

A late-19th-century licensing law, particularly one challenged as racially discriminatory, is a questionable foundation for justifying modern bans on commonly owned firearms.

The other examples are even more revealing.

The historians describe South Carolina’s efforts during Reconstruction to disarm Ku Klux Klan members who had obtained Winchester rifles. They also cite a subsequent South Carolina law requiring civilians to return Winchesters intended for state use. That is not the same thing as banning law-abiding citizens from purchasing and possessing their own repeating rifles.

Then there is Louisiana. The historians point to an 1870 order issued by Louisiana Adjutant General James Longstreet concerning Winchester rifles held in the New Orleans armory. The order restricted disassembling the rifles or using them for parades and drills without authorization.

In other words, the historians are citing military rules governing government-controlled firearms as historical evidence supporting restrictions on privately owned AR-15s.

The distinction should be obvious to anyone familiar with firearms or American history.

An order controlling how state-owned rifles are handled in an armory is not a prohibition on ordinary citizens possessing their own rifles. Neither is recovering government weapons from unauthorized hands.

Second Amendment Foundation attorney Kostas Moros, the organization’s director of legal research and education, has challenged the use of historical outliers to justify bans on common rifles. His broader legal scholarship argues that America’s historical tradition does not support prohibiting ordinary repeating firearms simply because they offered technological advantages over earlier weapons.

The central question remains unanswered by these narrow examples: Where is the historical tradition of categorically banning an entire class of commonly owned repeating rifles from law-abiding citizens?

Pointing to Bowie knife taxes, restrictions on carrying particular weapons, and military armory rules does not establish such a tradition.

Another Attempt to Rewrite Bruen’s Constitutional Test

The effort to weaken Second Amendment protections does not stop with historical comparisons.

In another amicus brief, legal scholars Luke Smith Morgan and Jacob D. Charles ask the Supreme Court to conduct a more substantial historical examination at the first stage of the Bruen analysis.

Under Bruen, courts first consider whether the Second Amendment’s plain text covers the individual’s proposed conduct. If it does, the government must justify its restriction by demonstrating consistency with the nation’s historical tradition of firearm regulation.

Morgan and Charles argue that courts should examine the historically understood boundaries of the right when deciding whether the conduct falls within the Amendment’s protection in the first place.

The danger is that this approach could allow lower courts to exclude firearms from constitutional protection before requiring the government to justify its restrictions under Bruen’s historical-tradition test.

Gun owners have already watched lower courts find creative ways around Heller and Bruen. Giving those courts another opportunity to decide that an ordinary firearm falls outside the Second Amendment’s protection risks perpetuating that problem.

In a separate brief, law professor Joseph Blocher challenges the idea that the number of firearms in circulation should conclusively determine whether those firearms receive constitutional protection.

Blocher raises questions about how a strict common-use test would operate in other circumstances.

But the Supreme Court does not need to resolve every hypothetical firearms classification dispute to decide whether AR-15s are protected.

These rifles are already widely owned by law-abiding Americans for self-defense, recreation, competition, and other lawful purposes.

If the government can acknowledge that millions of Americans lawfully possess a firearm and still declare it outside the Second Amendment, what meaningful protection does the common-use principle provide?

States and Gun-Control Organizations Line Up Against AR-15 Owners

The October 28 deadline brought dozens of additional amicus submissions defending Cook County’s and Connecticut’s rifle restrictions.

The Supreme Court docket includes submissions from Giffords, Brady Center to Prevent Gun Violence, Sandy Hook Promise, law enforcement associations, medical organizations, legal scholars, local governments, and members of Congress.

A coalition consisting of Massachusetts, New Jersey, 16 other states, and the District of Columbia submitted a brief supporting the respondents. Their position contrasts with the coalition of states supporting the gun owners challenging the bans.

On the other side, the Second Amendment Foundation and its fellow challengers have received support from the National Rifle Association, Gun Owners of America, National Shooting Sports Foundation, and numerous other organizations defending the right to own commonly used rifles.

The United States also filed an amicus brief supporting the challengers.

The constitutional dispute is not about whether politicians believe AR-15s are desirable firearms. It is about whether the government has the authority to prohibit Americans from possessing arms protected by the Constitution.

The Supreme Court Must Decide Whether Common Use Means Anything

The Supreme Court is scheduled to hear oral arguments in Viramontes and Grant on December 2, 2026.

At the center of these cases is a straightforward constitutional question: Can the government ban an entire category of rifles that millions of Americans lawfully own?

The challengers argue that the Second Amendment’s text, America’s historical tradition of firearms ownership, and the Supreme Court’s own precedents prohibit such bans.

Their opponents are offering the justices several ways around that conclusion. Some argue AR-15s are too dangerous to qualify as protected arms. Others want to diminish the significance of common ownership. Historians point to Bowie knives and narrowly targeted Winchester regulations, while Giffords is prepared to argue for overturning Bruen if its application requires invalidating the bans.

None of those arguments changes the constitutional text or the reality of America’s longstanding tradition of civilian firearms ownership.

The AR-15 is an arm. It is commonly possessed by law-abiding Americans for lawful purposes. Its modern design and effectiveness do not make it an exception to the Second Amendment.

The Supreme Court does not need to invent another test or retreat from its existing precedents. It needs to enforce the Constitution as written.

The right to keep and bear arms does not disappear because gun-control organizations find the firearms Americans choose to own politically inconvenient.

Related: Every Amicus Brief in Viramontes and Grant: Supreme Court Fight Over AR-15 Bans


About Duncan Johnson:

Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.Duncan Johnson




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