SCOTUS Brief Argues AR-15’s Usefulness Justifies Protection

  • 07 Sep 2026
  • Colion Noir

Anti-gun radicals love to smear the uber popular AR-15 and similar models as “assault rifles” or “weapons of war.” Until now, gun rights enthusiasts have fought back against the designations as wholly inaccurate.

But a pair of attorneys, Kenneth T. Cuccinelli and Earl N. “Trey” Mayfield, took the opposite approach in a brief filed ahead of the U.S. Supreme Court’s hearing of arguments for and against banning modern sporting rifles.

They noted that their usefulness for a militia does not support prohibiting them; rather, it further protects these modern firearms under the Second Amendment’s exact wording. 

Critics claim AR-15s are too similar to military weapons

The lawyers submitted the amicus brief Friday in the combined cases of Viramontes v. Cook County and Grant v. Higgins. The goal of the sporting community is to have justices firmly establish that such weapons in common lawful use cannot be arbitrarily banned.

Why would these firearms and accessories be banned when they in fact are incredibly valuable for militia service?

According to the submission, the Seventh Circuit decided that the AR-15 is “too much like a military rifle to be an ‘arm’ within the Amendment’s protection at all.” However, the Founding Fathers cited the need for a strong militia as central to protecting the right to keep and bear arms.

Anti-2A radicals painted themselves into an intellectual corner by mislabeling modern sporting rifles

The question becomes, if gun rights opponents are correct, how does a firearm being suitable for militia purposes justify banning the same weapon?

Remember, no one is arguing for civilians to have grenade launchers and RPGs. The question before the court is whether governments are free to prohibit weapons that, by critics’ own logic, are in common use and suited for defending the nation.

Either they are, or they are not.

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