Patriot Brief

Briefing to Patriots: Understanding the Supreme Court's Position on the Second Amendment

Fellow Patriots,

The time for clarity is now. As defenders of liberty and guardians of the Constitution, we must speak with authority and conviction. Many Americans do not fully understand their Second Amendment rights or the legal precedent that supports them. This briefing will arm you with that knowledge, grounded not in opinion, but in the decisions of the United States Supreme Court.

The Second Amendment Text

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."

Key Principles:

• "The people" refers to individuals, not state-controlled entities.

• "Arms" includes military-suitable weapons, not just hunting rifles.

• "Shall not be infringed" means no government restriction without overwhelming historical justification.

Core Supreme Court Cases

1. District of Columbia v. Heller (2008)

• Recognized the Second Amendment as an individual right.

• Quote: "The Second Amendment protects arms ‘in common use at the time’ for lawful purposes like self-defense."

• Impact: Bans on commonly owned firearms like AR-15s are presumptively unconstitutional.

2. McDonald v. Chicago (2010)

• Incorporated the Second Amendment against the states through the 14th Amendment.

• Quote: "The right to keep and bear arms is fundamental to our scheme of ordered liberty."

• Impact: State governments must honor Second Amendment protections.

3. Caetano v. Massachusetts (2016)

• Overturned a stun gun ban.

• Quote: "The Second Amendment extends... to all instruments that constitute bearable arms, even those not in existence at the time of the founding."

• Impact: Modern firearms like AR-15s are explicitly protected.

4. NYSRPA v. Bruen (2022)

• Established the "text, history, and tradition" test.

• Quote: "The government must demonstrate that the regulation is consistent with the Nation’s historical tradition of firearm regulation."

• Impact: Public safety arguments no longer justify gun control laws. Laws must be rooted in 1791-era tradition.

5. Bianchi v. Frosh (2022)

• Challenge to Maryland's AR-15 ban.

• SCOTUS vacated the lower court decision and remanded for reconsideration under Bruen.

• Impact: Signals SCOTUS is skeptical of assault weapon bans and expects lower courts to follow the originalist standard.

Legal Logic to Remember

• Heller protects arms in common use.

• McDonald applies the Second Amendment to the states.

• Caetano confirms modern arms are protected.

• Bruen demands historical precedent, not policy arguments.

• Bianchi shows SCOTUS expects lower courts to strike down bans inconsistent with history.

Quick Stats for Patriots

• Over 24 million AR-15s owned in the U.S. (NSSF)

• Over 100 million 30+ round magazines in circulation

• AR-15s are used in less than 3% of gun crimes (FBI UCR)

What This Means for You If a firearm is:

• Bearable by an individual,

• In common use,

• Not historically banned during the Founding era, then it is constitutionally protected.

That includes:

• AR-15s

• 30-round magazines

• Semi-automatic rifles and pistols

How to Respond in Conversation

Claim: "The Founders never imagined AR-15s." Response: "SCOTUS already answered that in Caetano. The Second protects all bearable arms, not just muskets."

Claim: "The Supreme Court hasn’t struck down assault weapon bans." Response: "In Bianchi, SCOTUS vacated a lower court ruling upholding an AR-15 ban and ordered reconsideration under Bruen. That’s a clear warning."

Claim: "It’s for public safety." Response: "Public safety isn't a valid reason to ban arms anymore. Bruen says laws must match 1791 tradition, not modern fear."

Final Word to Patriots

The Constitution does not grant rights. It recognizes them. If a right can be revoked by fear, it was never a right at all.

The Second Amendment is not about hunting. It is about liberty.

We must speak with precision, armed with law and truth. Let no one — not a politician, not a judge, not even a fellow citizen — tell you that you are wrong for standing on the Second Amendment.

Shall not be infringed.

Hold the line.

— The Grandsons of Liberty