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NEW ORLEANS (October 2, 2025) — FPC Law announced today that it has filed a critical brief with the Fifth Circuit Court of Appeals demanding the appellate court apply the clear mandate of the Supreme Court’s Second Amendment test for determining the constitutional protection for bearable arms first established in the landmark 2008 D.C. v. Heller ruling and unambiguously codified in the 2022 NYSRPA v. Bruen decision.
The uncompromising application of the Supreme Court’s binding precedents is essential to restoring the full protection of bearable arms, especially by placing the full constitutional burden on the government to prove that an arm is not protected. This determination is foundational to FPC’s numerous ongoing lawsuits challenging unconstitutional arms bans.
The brief argues that the Supreme Court’s binding “in common use” test “is the product of the historical phase of the Bruen inquiry” requiring the government to prove that “the arms are not commonly used by Americans” in order to justify its law. It also argues that the historical tradition of restricting “dangerous and unusual” weapons constitutes the historical basis for the “in common use” test, and the two standards are “inverse and mutually exclusive.”
To support this brief and dozens of important lawsuits to eliminate gun control laws across the country, join the FPC Grassroots Army at JoinFPC.org.
About Firearms Policy Coalition
Firearms Policy Coalition (FPC) — a 501(c)(4) nonprofit membership organization — exists to create a world of maximal individual liberty, defend constitutional rights, and restore the freedoms guaranteed by the Constitution. FPC pursues these goals through strategic litigation, legal scholarship, amicus briefing, legislative and regulatory advocacy, grassroots activism, education, and outreach. FPC’s legal arm, FPC Law, is the nation’s leading initiative dedicated to restoring the right to keep and bear arms across the United States. To learn more about FPC’s lawsuits and pro–Second Amendment efforts, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.
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