In Snope v. Brown, a challenge to Maryland’s ban on so-called “assault weapons” being appealed from the Fourth Circuit Court of Appeals, the Minnesota Gun Owners Caucus has joined other gun rights organizations in arguing that the US Supreme Court should grant certiorari and hear the case.
Our nation’s historical tradition of firearms regulation affirms a clear principle: the most commonly owned semiautomatic rifles, including the AR-15 platform, cannot be banned. Banning them today would be as unprecedented as banning muskets and Kentucky rifles in the Founding era, or Winchester rifles and Colt revolvers during Reconstruction.
Our brief explains that the lower courts have produced “two Second Amendments” since Bruen: one that applies Bruen faithfully, and one that uses granular, piecemeal analysis to erode the right much like the discredited “means-end scrutiny” test that came before. We ask the Court to take this case and make clear that:
- Bruen establishes a straightforward, one-step test.
- All firearms are “bearable arms” under the Constitution and may be banned only if they are both “dangerous and unusual.”
- Military usefulness is not a historically justified reason to ban otherwise common arms. The Second Amendment exists for both individual defense and the common defense.
We are joined in this Amicus Curiae Brief by:
- The Second Amendment Law Center
- The California Rifle & Pistol Association
- Federal Firearms Licensees of Illinois
- The Second Amendment Defense and Education Coalition
- Operation Blazing Sword-Pink Pistols
Outcome
On June 2, 2025, the Supreme Court denied certiorari. Justices Thomas, Alito, and Gorsuch would have heard the case, one vote short of the four needed. Justice Thomas dissented from the denial, writing that he “would not wait to decide whether the government can ban the most popular rifle in America.” Justice Kavanaugh wrote that the Court should and presumably will address the AR-15 issue in the next Term or two.
The Court has since agreed to hear the AR-15 question in Viramontes v. Cook County, where we have also filed a brief.
Last updated: June 2, 2025
Case Details
Case Title
David Snope, an individual and resident of Baltimore County, et al. v. Anthony G. Brown, in his official capacity as Attorney General of Maryland, et al.
US Supreme Court Case #
24-203
Our Brief
On our website, you can read our Amicus Brief filed in the United States Supreme Court on September 23, 2024.
Counsel of Record
In this case, we are represented by C.D. Michel, with Anna M. Barvir and Konstadinos T. Moros, of Michel & Associates, P.C.
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Our lawsuits and amicus briefs are underwritten by the Minnesota Gun Owners Support Fund, doing business as the MN Gun Owners Law Center, a 501(c)(3). Gifts may be tax-deductible to the extent allowed by law.