Some things are bigger than others, some are different colors than others, some are conversions, some have just parts, but you can save on all of it. CMMG, Boonville, Missouri. Great people over there. Also want to tell you, I told you that’s smoky, the fire was back in a very limited run. Well, they also printed up some hoodies, so for those who live in colder areas or who just love sweatshirts, grab them because they’re going to run out and when they’re gone, they’re gone. Links down below, thanks to TriStarTrading for bringing back the best shirt ever.

Alright, so the case that we’re talking about is the assault weapons ban out of Maryland. It’s the Snope case. Firehouse Policy Coalition has been the charge behind this one, and it’s gone all the way now to sitting before the Supreme Court. This is a petition for rid of certiorari. As you know, the justices have to decide if they’re going to take cases up or not, and it is now at that stage where it’ll be put before them on December 13th. It’ll be and decide if they’re going to take the case up.

Now, chances are that they won’t decide that day. They’ll push it off to the next one, which will be after the holidays and the beginning of June, and we’re hoping they take it up, of course, obviously, right? So what does this case look to do? I’m going to give you just two paragraphs here. It tells you everything about this case, and the government here in Maryland, they’re looking to tell the Supreme Court you shouldn’t take this case up because there are no circuit court splits. Well, when you read the petition, it’s great because there’s never going to be a circuit court split.

Why? Because a pro-gun state like here in Tennessee, you’re never going to hear the Fifth Circuit hear this case, like Texas is the fifth. You’re never going to hear this case up because red states, pro-gun states, don’t ban these guns. So you’re not going to get a circuit court split because the only circuits that ban them are these deep blue anti-gun ones, which is solid. But listen to what the petition says here. Reasons for granting the petition. 30 years ago, this court described the semi-automatic AR-15 rifle as a civilian, commonplace, generally available, and traditionally lawful firearm, and that was the Staples case.

16 years ago, this court confirmed that the Second Amendment protects the right of individual citizens to possess firearms that are in common use for lawful purposes. We know that is the Heller case. In the intervening 16 years, semi-automatic rifles have continued to be commonly available, and we heard that in the Cargill case this year, where Justice Sotomayor in her dissent said that. And the AR-15 today is one of the most popular firearms in the United States, and that is from the ATF. This, therefore, should be an easy case. The Second Amendment protects common firearms.

Semi-automatic rifles like the AR-15 are among the most common firearms in the nation. Therefore, bans on semi-automatic rifles like the AR-15 violate the Second Amendment. Yet, incredibly, in the 16 years since Heller, every single court of appeals to consider the question has concluded that such bans are constitutional, employing a variety of tests that are uniform only in their failure to adhere to the principles established by this court. Maryland asked this court to deny certiorarii to allow even more time for percolation. But enough is enough. The lower courts have proven themselves incapable of following Heller’s clear guidance, and this court should intervene without delay.

As you should know, the case that talked about banning firearms was Heller, my good friend Dick Heller. I’m so blessed to be able to call him a friend. He’s the OG, man. He’s the guy who set forth the motions that we have now as far as victories in the Second Amendment. Dick Heller did a great job, but that case in 08 had to do with Washington, D.C., banning handguns. And at the time, the Supreme Court took it up and said, you can’t do that. It’s common use. And if it’s a common use, you can’t ban it.

Well, AR-15s, there’s tens of millions of them out there, and that’s common use. Well, Jared, common use is kind of a term that can be misconstrued. Well, if you go back to the Supreme Court decision in Cape Town versus Massachusetts, where it was a unanimous decision regarding stun guns and electronic weapons, there were only about 250,000 of them, and then the Supreme Court said that that was common use. So if 250,000 electronic weapons is common use, tens of millions of semi-automatic rifles is definitely common use. Speaking of Heller, many, many anti-gun courts don’t want people to remember that Heller is the one that set that standard.

Check it out. As Judge Walker recently explained in dissent in Hanson, although many circuit courts appear to understand Heller to simply hold that the Second Amendment is an individual right, then add a lot of dicta, and then finally hold that DC cannot ban handguns. In fact, Heller had four increasingly specific holdings that built on each other and should govern courts and resolving challenges to bans on types of arms. Those holdings were in order. Number one, there is, in general, an individual right to keep and bear arms. Number two, exceptions to that right depend on the history and tradition of gun regulations.

Number three, there is no history and tradition of banning arms in common use for lawful purposes. And four, handguns cannot be categorically banned precisely because they are in common use for lawful purposes. And the interesting thing to remember is the burden of proving that these guns are not in common use is not on us. It’s on the government, and the government can’t prove that. This is a slam dunk case. We just need the Supreme Court to issue a writ of certiorari, meaning they’re going to take the case up. So I will keep you in the loop.

Let me know what you think down below, and I will do my best to give you all the information every single day related to our Second Amendment right to keep and bear arms. And you know what, the guys and gals, the government doesn’t get to take away our rights because they don’t give them to us. Check out CMMG. Check out Tristar Trading. Get yourself one of these Smoky Bears shirts. They’re awesome. The hoodies are warm. They’re going to be gone. And it’s a great Christmas gift, so order them now. Link’s down below.

Take care. [tr:trw].

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