When a Majority of States Call BS on Your Gun Laws

Published on September 19, 2025
Duration: 11:00

This video discusses the legal challenges to magazine bans, focusing on the Gators Customs Guns v. State of Washington case and an amicus brief filed by 27 state Attorneys General. The brief argues that lower courts are exhibiting judicial defiance and misinterpreting Supreme Court precedents like Bruen and Heller, particularly concerning the 'common use' test for firearm regulations. The Attorneys General contend that these lower courts are hostile to Second Amendment rights and are distorting established legal frameworks to uphold bans on commonly possessed items.

Quick Summary

27 Attorneys General have filed an amicus brief in *Gators Customs Guns v. State of Washington*, arguing that lower courts are exhibiting 'judicial defiance' by misinterpreting Supreme Court precedents like *Heller* and *Bruen*. They contend these courts are hostile to Second Amendment rights and are distorting the 'common use' test to uphold unconstitutional firearm bans, such as magazine restrictions.

Chapters

  1. 00:00Introduction to Magazine Bans Case
  2. 00:25Amicus Brief by 27 Attorneys General
  3. 01:32Magazine Bans and Supreme Court Cases
  4. 01:50Gators Customs Guns v. State of Washington
  5. 02:04Attorneys General Supporting Gun Ownership
  6. 02:13Key Attorneys General Leading the Charge
  7. 02:30List of Supporting States
  8. 03:06Second Amendment Mutiny in Lower Courts
  9. 03:22Crisis of Defiance of Supreme Court Holdings
  10. 04:26Washington Supreme Court's Dismissive View
  11. 04:45Lower Court Methods of Distortion
  12. 05:35Judicial Defiance and the Common Use Test
  13. 06:02Banning Firearms Platforms and Magazines
  14. 06:12The 'In Common Use' Rule
  15. 06:36Historical Analogies for Bans
  16. 06:47The Common Use Test Explained
  17. 07:19Courts Defying the Common Use Test
  18. 07:35Fourth Circuit on AR-15 Coverage
  19. 07:49Seventh Circuit Ruling
  20. 07:56Purposeful Misapplication of Common Use Test
  21. 08:11Intellectual Dishonesty vs. Technicality
  22. 08:27Cherry-Picked Language in Precedents
  23. 08:49Constitutional Crisis and Second Amendment Mutiny
  24. 09:09Legislative and Judicial Defiance
  25. 09:22Attorneys General's Conclusion on Magazine Bans
  26. 09:57Importance of Proper Second Amendment Interpretation
  27. 10:00Kudos to Attorneys General
  28. 10:07Case Link and Further Information
  29. 10:21Questions and Contact Information
  30. 10:40Conclusion and Safety Reminder

Frequently Asked Questions

What is the main argument presented by the 27 Attorneys General in their amicus brief?

The 27 Attorneys General argue that lower courts are exhibiting 'judicial defiance' by misinterpreting and distorting Supreme Court precedents like *Heller* and *Bruen*. They contend these courts are hostile to Second Amendment rights and are using flawed legal reasoning, particularly regarding the 'common use' test, to uphold unconstitutional firearm bans, such as magazine restrictions.

What is the 'common use' test in the context of Second Amendment law?

The 'common use' test determines if a firearm or accessory can be regulated by examining whether it is typically possessed by law-abiding citizens for lawful purposes. If an item is in common use for lawful purposes, it generally cannot be banned, and historical analysis for such items has already been established by precedent.

Which specific case are the 27 Attorneys General supporting with their amicus brief?

The amicus brief is filed in support of the case *Gators Customs Guns v. State of Washington*. This case involves a challenge to magazine bans, and the brief argues that the Washington Supreme Court and other lower courts have erred in their interpretation of Second Amendment law.

How are lower courts allegedly distorting Second Amendment precedent, according to the amicus brief?

The amicus brief claims lower courts distort precedent by using cherry-picked language from prior rulings, misapplying the 'common use' test, employing faulty historical analogies, and showing a deep hostility to the Second Amendment itself. This leads to upholding bans that lack historical basis or constitutional scrutiny.

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