{"id":118457,"date":"2026-08-28T10:24:44","date_gmt":"2026-08-28T15:24:44","guid":{"rendered":"https:\/\/milesfortis.com\/?p=118457"},"modified":"2026-08-28T10:24:44","modified_gmt":"2026-08-28T15:24:44","slug":"118457","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=118457","title":{"rendered":""},"content":{"rendered":"

Cuccinelli to Argue Militia Clause Protects AR-15s in Supreme Court Brief<\/a><\/p>\n

\u201cFormer Virginia AG [and former Acting Deputy Secretary at the Department of Homeland Security] Ken Cuccinelli is drafting an amicus brief for a coalition of groups and key individuals in the\u00a0Viramontes<\/em>\u00a0semi-automatic gun ban<\/a>\u00a0case that is coming in front of the United States Supreme Court,\u201d Second Amendment advocate and NRA \u201creform director\u201d Dennis Fusaro informed a close circle of fellow activists by email Saturday.<\/p>\n

Fusaro, probably most known to\u00a0AmmoLand\u00a0<\/em>readers through his involvement in attempting to persuade an unheeding Association to commit needed resources to a \u201cget out the vote\u201d effort<\/a>\u00a0in Virginia\u2019s 2025 election, is soliciting funds to finance the legal work.<\/p>\n

Cuccinelli\u2019s novel approach<\/a>\u00a0was documented in his challenge to Virginia\u2019s semi-auto\/magazine ban\u00a0 asking for declaratory judgment and injunctive relief because\u00a0 the \u201cban provisions of the Act\u00a0 violate the militia clause of Article I, Section 13 of the Constitution of Virginia.\u201d (While acknowledging that Plaintiffs will suffer \u201cirreparable harm if the Ban becomes effective and is later determined to be unconstitutional,\u201d Spotsylvania Circuit Court Judge William E. Glover subsequently\u00a0allowed the ban to stand<\/a>, citing \u201cthe potential of harm to the Commonwealth.\u201d<\/p>\n

\u201cThe Supreme Court\u2019s decision to hear\u00a0Viramontes v. Cook County<\/em>, No. 25-238 (7th Circuit), consolidated with\u00a0Grant v. Higgins<\/em>\u00a0(2nd Circuit), presents an opportunity to do more than win the immediate fight over AR-15-platform rifles,\u201d Cuccinelli argues, recapping proposed language discussed in an Aug. 9 Zoom meeting.<\/p>\n

\u201cThe Court has never squarely explained how the Second Amendment\u2019s Militia Clause informs the meaning of the operative right \u2018to keep and bear Arms.\u2019\u00a0United States v. Miller<\/em>, 307 U.S. 174 (1939), plainly connected the Amendment to the militia and to the constitutional importance of arms having a relationship to militia purposes.\u201d<\/p><\/blockquote>\n

That\u2019s a point some of us have been trying to urge the gun groups filing 2A cases to include.<\/strong><\/p>\n

\u201cIgnoring Core Purpose Makes 2nd Amendment More Vulnerable to Infringements: The Militia Aspect,\u201d\u00a0Part 1<\/a>\u00a0and\u00a0Part 2<\/a>, I wrote for\u00a0Firearms News<\/em> in 2020. Forgetting the fighting tyranny part serves no one\u2019s interests but would-be tyrants.<\/p>\n

\u201cThat is the focus I would bring to an amicus brief: establishing a constitutional principle that not only prevents \u2018military\u2019 characteristics from becoming a constitutional liability, but makes them an affirmative basis for protection,\u201d Cuccinelli asserts. \u201cThe more effective an arm is for the purposes for which a militia would require arms, the harder it should be to argue that its effectiveness somehow removes it from constitutional protection.\u201d<\/span><\/p><\/blockquote>\n

Establishing this with SCOTUS \u201ccould therefore reach substantially further than the particular rifles before the Court,\u201d he adds.<\/p>\n

Fusaro is urging gun owners who realize the value of what this means to join and support this effort with contributions sent to\u00a0RightsWatch.org<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Cuccinelli to Argue Militia Clause Protects AR-15s in Supreme Court Brief \u201cFormer Virginia AG [and former Acting Deputy Secretary at the Department of Homeland Security] Ken Cuccinelli is drafting an amicus brief for a coalition of groups and key individuals in the\u00a0Viramontes\u00a0semi-automatic gun ban\u00a0case that is coming in front of the United States Supreme Court,\u201d … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,8],"tags":[],"class_list":["post-118457","post","type-post","status-publish","format-standard","hentry","category-courts","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/118457","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=118457"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/118457\/revisions"}],"predecessor-version":[{"id":118458,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/118457\/revisions\/118458"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=118457"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=118457"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=118457"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}