All the States Willing to Lie to Keep You Disarmed

Published on March 29, 2026
Duration: 11:08

This video analyzes an amicus brief filed by 18 states in support of the District of Columbia's magazine ban in Benson v. United States. The speaker, William Kirk, argues that the brief contains fabricated legal arguments and distorts the Bruin test, particularly regarding the 'common use' standard for self-defense. The video highlights the states' attempts to equate large capacity magazines with unusually dangerous weapons and their fear of the 'common use' test leading to constitutional protection for items like machine guns.

Quick Summary

Eighteen states filed an amicus brief in Benson v. United States, arguing that large capacity magazines are not in common use for self-defense and are unusually dangerous. The brief distorts the Bruin test by limiting 'common use' to self-defense and attempts to equate magazine bans with preventing machine guns from gaining constitutional protection.

Chapters

  1. 00:00Introduction: Benson v. US & State Meltdown
  2. 00:43The Case: Benson v. United States Magazine Ban
  3. 01:1118 States File Amicus Brief
  4. 01:43Disturbing Lies and Fabrications in the Brief
  5. 02:14Why States Support DC's Magazine Ban
  6. 03:14Fabricated Rule of Law: The Bruin Test Distortion
  7. 04:00LCMs Not in Common Use for Self-Defense?
  8. 04:16Weapon Must Be in Common Use for Self-Defense
  9. 04:30The '2.3 Shots for Self-Defense' Myth
  10. 05:34LCMs Designed for 'Warlike Threats'
  11. 06:17Recreating the Meaning of English: Dangerous or Unusual
  12. 06:34Hating the Common Use Test
  13. 07:08M16s Gaining Protection Due to Popularity
  14. 07:20Desperation: Machine Guns Will Be Legal
  15. 08:34Machine Guns for Self-Defense?
  16. 09:13Saving Lives vs. Disarming Civilians
  17. 09:47It Really Is About Disarming Civilians
  18. 09:51Time for Supreme Court Involvement
  19. 10:05The Lies They Tell to Keep You Disarmed
  20. 10:13Conclusion & Resources

Frequently Asked Questions

What is the Benson v. United States case about?

The Benson v. United States case involves a challenge to the District of Columbia's ban on certain firearm magazines, specifically those considered 'large capacity'.

Why did 18 states file an amicus brief in Benson v. United States?

These 18 states filed an amicus brief to support the District of Columbia's request for an en banc review, aiming to uphold their magazine ban and influence future firearm regulations.

What is the Bruin test in relation to Second Amendment cases?

The Bruin test is a two-step judicial inquiry for Second Amendment challenges: first, does the text cover the conduct, and second, is the law consistent with historical firearm regulations.

What are the main arguments made by the 18 states in their amicus brief?

The states argue that large capacity magazines are not in common use for self-defense, are unusually dangerous, and that striking down bans would lead to machine guns becoming constitutionally protected.

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