AR-15 Bans Are ALL Unconstitutional...

Published on July 22, 2022
Duration: 26:06

This video provides a detailed legal analysis of why AR-15 bans are unconstitutional under the Second Amendment, referencing key Supreme Court decisions like Heller, McDonald, and Bruin. It explains the legal framework for challenging such bans, focusing on the definitions of 'arms' and 'bearable arms,' and the government's burden of proof in demonstrating that a firearm is not protected. The speaker, a constitutional attorney, emphasizes the 'common use' and 'typically possessed' tests as critical defenses against bans.

Quick Summary

AR-15 bans are unconstitutional because these rifles are considered 'arms' and 'bearable arms' under the Second Amendment, and are in 'common use' for lawful purposes. Supreme Court precedent, including Heller and Bruin, places the burden of proof on the government to demonstrate that such firearms are not protected, a challenge they face due to widespread ownership and historical context.

Frequently Asked Questions

Why are AR-15 bans considered unconstitutional under the Second Amendment?

AR-15 bans are considered unconstitutional because AR-15 style rifles are defined as 'arms' and 'bearable arms' under Supreme Court precedent. They are also in 'common use' for lawful purposes, making them protected under the Second Amendment. The government bears the burden to prove otherwise, which is difficult given historical precedent and current ownership numbers.

What is the legal definition of 'arms' according to the Supreme Court?

The Supreme Court, in Heller v. District of Columbia, defined 'arms' as 'weapons of offense or armor of defense.' This broad definition also includes anything a person wears for defense or uses in anger against another, encompassing a wide range of items beyond just firearms.

What is the 'common use' test for Second Amendment protection?

The 'common use' test, derived from Supreme Court rulings, states that if a weapon is commonly possessed by Americans for lawful purposes, it is not considered 'dangerous and unusual' and therefore cannot be banned under the Second Amendment. Millions of AR-15s in circulation meet this criterion.

Who bears the burden of proof when challenging a firearm ban under the Second Amendment?

Following the Bruin decision, the government bears the burden of proof to demonstrate that a firearm regulation is consistent with the nation's historical tradition of firearm regulation. This means the government must actively justify why a protected arm is not protected, rather than the individual proving it is.

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