AR-15 bans remain unconstitutional.

Why Gun Control Advocates Are Wrong About the AR-15

Emotion vs. Reason

Gun control advocates often rely on emotional arguments rather than rational ones. However, a recent Bloomberg column by Noah Feldman caught my attention. In it, he argues that the Second Amendment allows for a ban on the AR-15.

The Straw Man Argument

Feldman starts by setting up a straw man argument, asking if we have a constitutional right to a military-style semiautomatic rifle like the AR-15. He then jumps to absurd examples like rocket-propelled grenade launchers and small tanks. However, the real issue is whether we should have access to military-grade armaments.

The Second Amendment as a Courtesy

Throughout the piece, Feldman treats the Second Amendment as a courtesy extended by the state, rather than an inalienable right. This is a common misconception. The Second Amendment is an individual right that can only be limited in extraordinary circumstances.

The Misunderstanding of United States v. Miller

Feldman misunderstands the Supreme Court’s 1939 United States v. Miller decision, which he contends is “background to the current doctrine” that makes it permissible to ban a semiautomatic rifle. However, Miller only dealt with a specific case involving an unregistered short-barreled shotgun. It did not offer a broad ruling regarding the meaning of the Second Amendment.

The Right to Bear Arms

You have a right to own an AR-15 because it is a gun in common use among ordinary citizens. The AR-15 has never been a military weapon, and even if it were, Miller does not allow for a ban. The Second Amendment protects the individual’s right to bear arms, a right that has been defended by notable figures from the founding era.

The Bottom Line

Gun control advocates need to offer rational arguments rather than emotional ones. The Second Amendment is an individual right that can only be limited in extraordinary circumstances. The AR-15 is a gun in common use among ordinary citizens and is protected by the Second Amendment.

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