Let’s Start a discussion on how to ensure that the Second Amendment’s constitutional role makes the United States a better, safer and more secure country in the 21st century…and that distorted interpretations and decisions by the supreme court are clearly challengeable on the basis of accurate history and common sense…

Some thoughts on the Amendment and the discussion and some of the key issues to consider. The need for reasoned action with beneficial impact is urgent, and your personal actions in support will be sincerely appreciated. Please engage here and with all others working together to achieve the goal of a safer country, for us today and for future generations.

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August 18, 2026

‍ Open letter on the possibility that the Supreme Court will declare assault rifles like the AR15 to be “in common use” and thus not subject to restrictions

‍ Fellow Americans:

‍The Supreme Court is reviewing two cases related to the legality of AR15s as weapons “in common use”, with oral arguments likely in the fall of 2026 and a final opinion by June 2027.   ‍ ‍

A Court ruling in favor of AR-15s as firearms in common use – seemingly likely based on past Court Second Amendment rulings and strained readings of history -- would carry serious and dangerous implications for American society and U.S. law enforcement who already confront an unduly heavily armed population. ‍

‍Sadly, the Court will be ruling on the eve of the 10th anniversary of the October 1, 2017 massacre in Las Vegas, when a legal gun owner in possession of 24 AR-15 style rifles and 6,000 rounds of ammunition murdered 58 innocent people and wounded 400 in a ten-minute rampage, the bloodiest such attack in U.S. history.

Now is the time to heighten public sensitivity to this threat to American society.  There are several powerful talking points that stand out for public discussion and national media attention. ‍‍ ‍

First, basic, irrefutable facts:  ‍ ‍ ‍

·       The AR15 is a powerful firearm designed purely for killing humans quickly and in numbers. ‍

‍·       It has been the weapon of choice for the perpetrators of many of the tragic and terrible mass casualty events that have occurred in the U.S. since 2007.  ‍ ‍ ‍

·       The official Las Vegas Police Department report on the killings should be mandatory reading for all, and should be included in every amicus brief submitted to the Court as it deliberates. ‍‍ ‍

Secondly, the Constitutional context, concisely stated by Justice Kavanaugh in his opinion in Rahimi (2024): ‍ ‍ ‍

·       “The first and most important rule in constitutional interpretation is to heed the text—that is, the actual words of the Constitution—and to interpret that text according to its ordinary meaning as originally understood. The text of the Constitution is the “Law of the Land.” Art. VI. As a general matter, the text of the Constitution says what it means and means what it says. And unless and until it is amended, that text controls.”‍ ‍‍ ‍

·       “As the Court’s decision today notes, Second Amendment jurisprudence is still in the relatively early innings, unlike the First, Fourth, and Sixth Amendments, for example. That is because the Court did not have occasion to recognize the Second Amendment’s individual right until recently.”‍ ‍

Thirdly, Justice Scalia’s position in Heller (2008), supported by the narrow 5-4 majority, asserts:‍ ‍

·       that the Founding Fathers did not impose technological limitations on the word “arms” in the December 15, 1791 Second Amendment, although the parallel May 8, 1792 Militia Act clearly provided for the regulation of the Second Amendment militia and required all white men ages 18-45 to report to militia duty with a ‘good musket or firelock” and at least “24 cartridges”‍ ‍ ‍

·       Justice Scalia’s challengeable assertion sets the stage for unrestricted assault weapons and whatever powerful individual weapons or ray guns that lie ahead in the future, a possibility that certainly was not foreseen by the Founding Fathers, and which is simply impossible to justify as Scalia tried to do in Heller.‍ ‍ ‍

Please look closely at the facts and the dangerous and disruptive impact of gun violence that is closely associated with assault weapons and the AR15.  ‍

Please speak out often and effectively to focus public and Congressional attention on the flawed history and questionable jurisprudence underlying past Supreme Court Second Amendment rulings and the possibility that the Justices may declare the AR15 an acceptable weapon in common use.‍ ‍

Please do not delay; the Court will likely hear oral arguments this fall and decide by June 2027, with the Administration and Solicitor General likely to push for declaring the AR15 to be a weapon “in common use”.

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