In National Association for Gun Rights v. Lamont, the Second Circuit upheld Connecticut’s ban on AR-15-style rifles and on magazines holding more than ten rounds, even though it acknowledged both are in common use by law-abiding Americans. The petitioners asked the US Supreme Court to hear the case, and the Minnesota Gun Owners Law Center and the Minnesota Gun Owners Caucus led an amicus brief urging the Court to grant review.
The Second Circuit’s ruling cannot be reconciled with Heller and Bruen. It marks a return to judicial interest balancing, thinly disguised as historical reasoning, and it deepens the conflict among the circuits over which arms the Second Amendment protects, so that the same conduct is protected in one state and a crime in another.
Our brief makes three arguments:
- The Second Circuit’s decision effectively nullifies the Supreme Court’s precedents by rejecting “common use” as a limit on the government’s power. The People, through their choices, decide which arms are in common use.
- The Second Circuit replaced Heller’s “dangerous and unusual” standard with a vague “unusually dangerous” test that defies text, history, and precedent.
- The Second Circuit’s reasoning relies on the interest balancing that Bruen expressly rejected.
We are joined in this Amicus Curiae Brief by:
- The California Rifle & Pistol Association
- The Second Amendment Law Center
Status
The petition is still pending. After the Court considered it at a series of conferences from January through June 2026, it agreed on June 30, 2026 to hear the AR-15 question in Viramontes v. Cook County, together with Grant v. Higgins, a challenge to Connecticut’s ban. We filed a brief in that case too.
Last updated: June 30, 2026
Case Details
Case Title
National Association for Gun Rights and Toni Theresa Spera Flanigan v. Ned Lamont, in his official capacity as the Governor of the State of Connecticut, et al., on petition for a writ of certiorari to the United States Court of Appeals for the Second Circuit.
US Supreme Court Case #
25-421
Our Brief
On our website, you can read our Amicus Brief filed in the United States Supreme Court on November 6, 2025.
Counsel of Record
In this case, we are represented by C.D. Michel, counsel of record, and Anna M. Barvir of Michel & Associates, P.C., with Rob T. Doar of the MN Gun Owners Law Center.
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