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.
We have avoided deciding it for a full decade.
I doubt we would sit idly by if lower courts were to so subvert our precedents involving any other constitutional right.
Until we are vigilant in enforcing it, the right to bear arms will remain ‘a second-class right
– Justice Clarence Thomas