FPC Files Ninth Circuit Brief in Arms-Ban Case
SAN FRANCISCO — Today, attorneys for Firearms Policy Coalition (FPC) filed an important brief with the Ninth Circuit Court of Appeals explaining how the appellate court should apply the Supreme Court’s Second Amendment test for determining the constitutional protection for arms first established in the 2008 D.C. v. Heller ruling and further explained in the 2022 NYSRPA v. Bruen decision.
In its September 5, 2025, order in the case of Knife Rights v. Bonta, the Ninth Circuit requested amicus briefs to address critical questions around the Supreme Court’s use and application of the terms “in common use” and “dangerous and unusual.”
“FPC is interested in this case because it raises fundamental and important questions about the nature and application of the ‘in common use’ test the Supreme Court has established to govern Second Amendment challenges to laws banning a type of weapon,” FPC explained in the brief. “The answers to these questions are of critical importance to FPC’s many members throughout the country, including within this Circuit, who wish to keep and bear common arms for self-defense and other lawful purposes.” Proper application of the Supreme Court’s binding precedents is important to ensuring the full protection of bearable arms by the Second Amendment—a determination that is central to FPC’s ongoing lawsuit challenging California’s unconstitutional ban on so-called “assault weapons,” currently before the Ninth Circuit. Read more
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