Justice Clarence Thomas: "AR-15s Are Clearly Arms Under The Second Amendment’s Plain Text"

A divided Supreme Court of the United States decided Monday not to hear a challenge to Maryland’s “assault weapons” ban, and Justice Clarence Thomas responded by noting that AR-15s are clearly “arms” as referenced in the text of the Second Amendment.

The Associated Press reported that Justices Neil Gorsuch, Samuel Alito, and Thomas “publicly noted their disagreement” with their colleagues’ refusal to hear the case.

Thomas, in particular, observed, “I would not wait to decide whether the government can ban the most popular rifle in America. That question is of critical importance to tens of millions of law-abiding AR–15 owners throughout the country.”

In his dissent, Thomas pointed out:

…To start, AR–15s are clearly “Arms” under the Second Amendment’s plain text. In District of Columbia v. Heller (2008), we held that the term “Arms” in this context covers all “‘[w]eapons of offence, or armour of defence.’”…Thus, “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.”...

Because AR–15s are “Arms,” the burden shifts to Maryland to show that banning AR–15s is “consistent with this Nation’s historical tradition of firearm regulation.” Bruen (2022) But, I am not aware of any “historical regulation” that could serve as “a proper analogue” to Maryland’s ban.

The AP noted that Justice Brett Kavanaugh agreed with the majority, for now, in refusing to hear the case, but made clear he thinks the court will have to hear a case on such bans “in the next term or two.”