Analysis: Connecticut’s AR-15 Ban Defense Relies on Misreading Medieval English History

The Supreme Court is about to decide the fate of so-called assault weapons bans, but the state backing them misrepresents the key history that will determine the outcome.

Connecticut just filed its response brief in Grant v. Higgins, defending its ban on possessing unregistered AR-15s and similar firearms. It has been consolidated with Viramontes v. Cook County. Oral arguments will be heard December 2, 2026. In the brief, Connecticut justifies its ban by citing historical English laws from as far back as the 14th Century that it argues prohibited possession of several kinds of weapons. Given what it held in New York State Rifle and Pistol Association v. Bruen, the Supreme Court is unlikely to rely on English laws many decades or even centuries removed from the Founding when deciding the case.

However, even taken at face value, these older laws are not what Connecticut claims.

Connecticut first points to regulations on the lancegay. That weapon was “a type of spear or lance, but that it was probably considerably lighter than a full-length war lance,” according to the University of Bristol Centre for Medieval Studies’ David Scott-Macnab. Connecticut relies on two laws, one from 1383 and another from 1396, which it claims prohibited owning lancegays.

But the 1383 law only banned possessing a lancegay while riding. It prohibited carrying lancegays unless one had a special license from the King. Richard II later “affirmed the validity of his 1383 legislation” in 1396 with the second law Connecticut relies on and “ordained and assented that no man shall ride armed within the realm, against the form of the Statute of Northampton thereupon made, nor with launcegays.”

Again, this second law merely prohibited the carrying of lancegays while riding. English law did not ban possession of a lancegay in one’s home. Connecticut is misinterpreting these laws as a ban on possession to justify their ban on AR-15-style rifles.

Historical evidence demonstrates that lancegays weren’t just lawful to own; they were actually quite popular.

“Among the myriad items recorded in an inventory of the possessions of the English gentleman-soldier and landowner Sir John Fastolf Caister Castle, Norfolk, we find that his magna aula, or great hall, contained an assortment of weapons…a ‘Launce gay,’” Scott-Macnab wrote of the arms in 2009.

“[W]e find that Sir John Fastolfe was far from alone in owning such a weapon. Brother Hugh Middleton, commander of the English contingent of the Knights Hospitaler at Rhodes, owned one too,” he wrote.

Court records from the Borough of Nottingham show “[e]ven common folk with no military associations seem to have possessed the weapon, as we learn from a legal action brought by John Melburn of Nottingham, a weaver, for the return of a lancegay-shaft.”

If the lancegay was illegal to possess, Mr. Melburn could not have brought a judicial action to compel its return. Nor could his action have been successful, which it was. And “John Scrope” “bequeathed his ‘launchgay cum uno batillaxe’ to his brother in 1452” via a will which was legally registered. If the lancegay was illegal to possess, then Mr. Scrope would not have been able to legally bequeath his lancegay to his brother.

Further evidence that Englishmen were not prohibited from possessing lancegays comes from a “stern edict issued by Henry VI to the sheriff of Worcester in 1457” that “the king would not tolerate a variety of unlawful acts, including riding about armed with lancegays and other weapons.”

“The King to the Sheriff of Worcester, greeting. . . . We instruct you . . . to proclaim in public that no-one . . . ride on horseback armed with lances, lancegays, swords and other weapons, contrary to the laws and statutes promulgated and published on this issue . . . .’),” the edict said.

If there was a ban on possession of the lancegay, then this edict would not have included the lancegay in a ban on the carrying of weapons which were legal to own. In fact, Englishmen were long required to own many of the weapons in this list. The 1181 Assize of Arms required all British men to own arms commensurate with their financial ability to purchase them.

Connecticut has misinterpreted these laws as prohibitions on possession. In reality, it was legal to own lancegays in Medieval England.

Connecticut also relied on Medieval English restrictions on crossbows and handguns. The first of these is most readily distinguishable because it had an express exemption for home defense.  “None  shall  shoot  with  a Cross  Bow, unless  for  Defence  of  his  House,  other  than  a Lord,  or  a Person  having  zoo  Marks  Freehold  per  Ann,” it read.

These laws culminated in 1542’s Acte Concerning Crossbows and Handguns. It prohibited some Englishmen from possessing crossbows and handguns. But there are several differences between this law and Connecticut’s modern AR-15 ban.

First, this law only applied to the poor. It did not apply to those who “have lands, tenements, fees, annuities or office to the yearly value of one hundred pounds.” Thus, it was a class-based law that is irrelevant in deciding the scope of the American right to arms. Furthermore, the primary purpose behind England’s ban on crossbows and small handguns was to aid in the national defense. The express rationale of that law was to promote the use of the longbow.

“[S]erving men now of late have laid apart the good and laudable exercise of the long bow, which always heretofore hath been the surest safeguard and continual defense of this Realm of England, and an inestimable dread and terror to the enemies of the same,” it read.

Englishmen were encouraged, and often required, to own longbows in particular. Edward III of England’s declaration of 1363 expressly encouraged their use:

“Whereas the people of our realm, rich and poor alike, were accustomed formerly in their games to practise archery – whence by God’s help, it is well known that high honour and profit came to our realm, and no small advantage to ourselves in our warlike enterprises… that every man in the same country, if he be able-bodied, shall, upon holidays, make use, in his games, of bows and arrows… and so learn and practise archery,” he wrote.

Further, in 1511, Henry VIII ordered that all men under the age of 60 practice shooting regularly, and that fathers be responsible for providing their sons and young male servants with archery equipment and training. England even banned other sports to promote the practice of archery. The Unlawful Games Act of 1541 was an Act of the Parliament of England, designed to prohibit “Several new devised Games” that caused “the Decay of Archery.” All Men under the Age of sixty Years “shall have Bows and Arrows for shooting.” Men and children between seven “Years and Seventeen shall have a Bow and 2 Shafts.” Men above seventeen “shall keep a Bow and 4 Arrows.” That law remained in effect until the Gaming Act of 1845 repealed much of it.

The 16th Century saw the advent of crossbows and early firearms. As Justice Clarence Thomas wrote for the majority in Bruen, “Henry VIII worried that handguns threatened Englishmen’s proficiency with the longbow—a weapon many believed was crucial to English military victories in the 1300s and 1400s, including the legendary English victories at Crécy and Agincourt.” That concern over military readiness catalyzed the laws Connecticut cites, whereas Connecticut alleges its ban on AR-15 rifles prevents crime.

Thus, the “how” (a ban on possession just for the poor) and the “why” (national defense) of the 16th-century ban are different from Connecticut’s law. Connecticut’s claim that crossbows and handguns were completely banned because they were highly dangerous weapons is simply not true. To the extent they were restricted, it was because they were not effective enough in a military context.

Additionally, the complete arms bans that Connecticut did identify were very short-lived.

The first is Stuart Royal Proclamation No. 126 from 1613, which banned small handguns. However, this law was amended shortly after, in 1616, to ban only the making, selling, or carrying of them. And, contrary to Connecticut’s assertion that this law prohibited small handguns because they were exceptionally dangerous, the 1613 law makes clear those items were typically used by criminals. The 1616 law expanded on this and explained that these weapons were not suitable for military purposes or self-defense.

A ban on carry is not the same as the ban on unregistered “assault weapon” possession in Connecticut. Furthermore, the rationale for this prohibition was much different. The 1616 Stuart Royal Proclamation Number 160 said the weapons were prohibited because they were “vtterly vnseruiceable for defence, Militarie practise, or other lawfull vse, but odious, and noted Instruments of murther, and mischiefe.” As with the 1542 law discussed above, the concern was these weapons were not effective for self-defense or military purposes. Contrary to Connecticut’s representation, these weapons were not restricted because they were especially dangerous. Their carry was prohibited because their typical use lacked a lawful purpose.

At most, this law confirms what Heller already tells us: that the weapons protected by the right to arms are those in common use for lawful purposes.

Connecticut then relies on the Game Act of 1671 as an example of a law that banned all gun possession. There’s some dispute among historians about the scope of the law, but the text indicates it was merely designed to prevent the peasantry from hunting. It prohibited people who were not wealthy from having  “Guns, Bowes, Grey hounds, Setting-dogs, Ferretts, Cony-doggs, Lurchers, Hayes, Netts, Lowbells, Hare-pipes, Ginns, Snares or other Engines aforesaid” for hunting.

Historically, as the Duke Center for Firearms Law’s Catie Carberry has pointed out, the term gun did not refer to pistols. It makes sense that pistols were excluded because the law’s express purpose was to prevent the poor from hunting, and pistols are less suited for that purpose. While the law did cover guns when first passed, it was quickly replaced by the Game Act of 1692. That act superseded the previous act and removed “guns” from its list of prohibited items.

It is likely not a coincidence that this law was passed around the same time as the 1689 English Bill of Rights, which guaranteed “[t]hat the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law.” However, the 1692 Game Act and its subsequent amendments contained a clause which still prohibited any other “engine” which could be used for hunting–engine essentially meaning instrument.

Subsequent litigation demonstrated that these laws did not apply to firearms when not used for hunting. In 1739’s Rex v. Gardner, an individual was charged with violating the Game Act of 1705 for owning a gun. The court concluded that “a gun differs from nets and dogs, which can only be kept for an ill purpose, and therefore this conviction must be quashed.”

“[I]f the statute is to be construed so largely, as to extend to the bare having of any instrument, that may possibly be used in destroying game, it will be attended with very great inconvenience; there being scarce any, tho’ ever so useful, but what may be applied to that purpose,” the justices reasoned “And tho’ a gun may be used in destroying game, and when it is so, doth then fall within the words of the act; yet as it is an instrument proper, and frequently necessary to be kept and used for other purposes, as the killing of noxious vermin, and the like, it is not the having a gun, without applying it in the destruction of game, that is prohibited by the act.”

Similarly, in 1752’s Wingfield v. Stratford & Osman, a man challenged his conviction under the Game Act and the confiscation of his gun and dog. The prosecution’s plea was held faulty, but the court pointed out that it would have held for appellant in any case as the prosecution had not alleged that the gun had been used for killing game:

“It is not to be imagined, that it was the Intention of the Legislature, in making the 5 Ann.c.14 to disarm all the People of England,” the court wrote. “[A]s Guns are not expressly mentioned in that Statute, and as a Gun may be kept for the Defence of a Man’s House, and for divers other lawful Purposes, it was necessary to alledge, in order to its being comprehended within the Meaning of the Words ‘any other Engines to kill the Game’, that the Gun had been used for killing the Game.”

As these two cases make clear, the inclusion of guns in the Game Act was short-lived, and the Act was quickly amended to remove guns. Connecticut’s reliance on the Game Act of 1671 is misplaced.

The vast majority of the laws Connecticut relies on either did not ban the possession of arms or exempted the wealthy, and the ones that did ban possession did not last. Ultimately, the historical gun regulations the state relies on to defend its modern AR-15 ban did not operate in a similar manner.

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Virginia’s Democrat AG Jay Jones: AR-15s Are Semiautomatic Machine Guns

In a brief filed to the Supreme Court of the United States in support of “assault weapons” bans, Virginia Attorney General Jay Jones claimed AR-15s are machine guns even though they do not shoot in full automatic like machine guns do.

The Federalist noted that Jones filed his brief to SCOTUS on Wednesday, wherein he wrote, “AR-15s bear nearly all the same features that take machine guns outside the Second Amendment’s protection.”

He also claimed, “AR-15s are machineguns, except that they — at least to start — have semiautomatic fire rather than automatic fire.”

Gun Owners of California commented in an X post on Jones’ filing, writing, “’AR-15s are machineguns, except that they…have semiautomatic fire rather than automatic fire.’ Read that again. Someone actually wrote this, presumably proofread it, and decided it belonged in a legal brief to the Supreme Court. Incredible.”

Jones’ suggestion that AR-15s are semiautomatic machine guns flies in the face of SCOTUS’s June 14, 2024, ruling which struck down the bump stock ban. In that ruling, Clarence Thomas opened the majority opinion by observing: “Congress has long restricted access to ‘machineguns,’ a category of firearms defined by the ability to ‘shoot, automatically more than one shot . . . by a single function of the trigger.’ Semiautomatic firearms, which require shooters to reengage the trigger for every shot, are not machineguns.”

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Federal Government Backs Supreme Court Challenge To AR-15 Bans

The federal government is urging the U.S. Supreme Court to side with gun owners challenging state and local bans on AR-15-style rifles.

In a brief filed Friday, Solicitor General D. John Sauer asked the justices to overturn rulings from the U.S. Courts of Appeals for the Second and Seventh Circuits, which upheld AR-15 bans in Connecticut and Cook County, Illinois, respectively.

“The AR-15 rifle is unquestionably in common use among law-abiding citizens for lawful purposes,” the federal government argued.

The cases, Viramontes v. Cook County and Grant v. Higgins, have been consolidated for Supreme Court review.

Connecticut has prohibited what it deemed “assault weapons” since 1993. It significantly expanded the ban after the 2012 shooting at Sandy Hook Elementary School, describing AR-15-style rifles as particularly dangerous and preferred by mass shooters.

Cook County, which covers the city of Chicago, adopted its current firearm ordinance in 2006, prohibiting the possession, sale, and transfer of a list of semiautomatic weapons.

The ‘Common Use’ Debate

At the center of the dispute is whether AR-15-style rifles qualify as weapons “in common use” for lawful purposes and therefore fall under Second Amendment protection.

The idea dates back to the Supreme Court’s 1939 decision upholding a federal ban on short-barreled shotguns because those weapons were not “in common use.”

The Court relied on the same concept in 2008 to invalidate a ban on handguns in the nation’s capital, affirming that they are “the most popular weapon chosen by Americans for self-defense in the home.”

Most recently, the Court referred to the common-use test in 2022 when it struck down a New York law requiring people to show a special need before receiving a license to carry a handgun in public.

Connecticut argues that AR-15-style rifles do not meet the Supreme Court’s legal standard.

“Americans do not commonly own assault weapons for self-defense,” state lawyers argued in an earlier Supreme Court filing, adding that the weapons are “neither used nor useful for that purpose.”

The gun owners challenging the bans, however, argue that AR-15s easily pass the common-use test.

“If the most popular rifle in the country is not in common use,” the challengers said in their petition, “it is hard to see what that phrase could possibly mean.”

The Justice Department is siding with challengers in the debate.

“Today, AR-15s are lawful at the federal level and in 40 States, with law-abiding citizens using them for lawful purposes such as self-defense, target shooting, and hunting,” the government said.

“Legislatures may not ban arms in common use among law-abiding citizens for lawful purposes.”

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Gun Survey Data Surprises Activists, Bolsters Defensive Gun Use

Gun control activists wanted better numbers, and the latest survey handed them something far more uncomfortable. New findings from Georgetown professor William English’s updated National Firearms Survey deepen the case that defensive gun use is more common than critics admit, that so-called “assault weapons” are widely owned, and that gun ownership is spreading across a broader slice of America.

That is exactly why the new results sting. The 2021 version of the survey already rattled the anti-gun crowd by showing large numbers of Americans owning AR-15-style rifles, high-capacity magazines and firearms for self-defense, but critics insisted the data was flawed and overstated the reality.

Instead of folding, English tightened up the design and ran the survey again in 2026. The updated version did not rescue the gun control argument. It made the picture sharper, and for activists, a lot worse.

One of the biggest takeaways is that ownership of AR-15-style rifles is not some fringe habit. The new survey estimates that 26.4 million American adults now own an AR-15 or a similar semiautomatic rifle with a pistol grip, which undercuts the familiar claim that these firearms are rare or outside ordinary lawful use.

High-capacity magazines show the same pattern. The latest data estimates 44.5 million Americans currently own one, and gun owners are now slightly more likely to own one than not. That is a big problem for activists who still rely on the phrase “weapons of war” as if repetition can erase common ownership.

The findings on defensive gun use may be even more awkward for the anti-gun side. English’s original survey estimated that adults use firearms for protection about 1.67 million times a year, and critics mocked that number as unbelievable.

The redesigned survey pushed the estimate higher, not lower. It now places annual defensive gun use at about 2.2 million incidents, with some of the increase tied to reported protection against animal attacks, which makes the real-world picture look even more grounded in lived experience.

That matters because the debate over gun rights often gets flattened into slogans. People who carry and people who keep firearms for protection are not talking about fantasy scenarios, but about the daily reality of crime, danger and the right to respond when trouble shows up fast.

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Huge Win for Second Amendment — Federal Appeals Court Strikes Down New Jersey’s Unconstitutional Semi-Automatic Rifle Ban and Magazine Limit

The anti-gun agenda suffered a major legal defeat on Friday after the full U.S. Court of Appeals for the Third Circuit ruled that New Jersey’s ban on semi-automatic rifles and its prohibition on magazines holding more than 10 rounds violate the Second Amendment.

In a sweeping 10-5 en banc decision, the Third Circuit held that New Jersey’s so-called “assault firearm” ban cannot survive the constitutional test established by the U.S. Supreme Court in its landmark 2022 New York State Rifle & Pistol Association v. Bruen decision. The court also struck down the state’s 10-round magazine limit.

The 192-page opinion concluded that New Jersey’s prohibition on semi-automatic rifles, including the popular AR-15 platform, and its restrictions on so-called “large-capacity magazines” infringe on the constitutional right to keep and bear arms.

Writing for the majority, the court declared:

“Applying the framework announced in New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), we agree with the District Court that New Jersey’s ban on Colt AR-15s violates the Second Amendment. However, because the record supports the same result for all semi-automatic rifles—not only Colt AR-15s—we will MODIFY the District Court’s order so that it deems the Assault Firearm Provisions unconstitutional with respect to the full class of semi-automatic rifles.

We will AFFIRM that part of the order as modified. The LCM Provisions also violate the Second Amendment, so we will REVERSE the District Court’s order with respect to those. Because the LCM Provisions violate the Second Amendment, we need not address the Takings Clause challenge.”

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In the Nick of Time: NRA Secures Injunction Against Virginia ‘Assault Weapons’ and Magazine Ban

On Monday, the NRA secured a preliminary injunction against enforcement of Virginia’s “assault weapons” and 15-plus rounds magazine ban.

The case, Santolla v. Katz, was heard by Judge Jeffrey Campbell, a former Republican member of Virginia’s House of Delegates.

The NRA announced the filing of the lawsuit on May 14, 2026, noting that plaintiffs included the Virginia Shooting Sports Association (VSSA), Middletown Firearms, Middletown Training, Virginia Pride Ltd., and VSSA members Joseph Santolla, and Reagan Adams.

Virginia Scope reporter Brandon Jarvis published Campbell’s ruling, wherein he wrote, “…the Motion for Preliminary Injunction enjoining the Defendants from enforcing the subject Firearms Ban and Magazine Bans as contemplated by the recently enacted Senate Bill 749 and House Bill 217 is GRANTED.”

Judge Campbell noted, “This injunction shall remain in effect until further Order of this Court or no later than July 1, 2027, consistent with the Governor’s recently passed budget amendment, and this matter is continued on the docket of this Court for any additional proceedings as the parties may so advise.”

The “assault weapons” and 15-plus rounds magazine ban was set to take effect July 1, 2026.

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12 Sheriffs, 17 Prosecutors Who Will Not Enforce Virginia AR-15 Ban

The number of sheriffs and commonwealth attorneys who are taking a stand against the Democrats’ AR-15 has grown so that now 12 sheriffs and 17 prosecutors have made clear they will not enforce it.

On May 25, 2026, Breitbart News reported that Spotsylvania commonwealth attorney Ryan Mehaffey had made clear he would not enforce the ban. Days later, Breitbart News pointed to a WAVY 10 article which observed that the number of prosecutors refusing to enforce the ban was continuing to grow.

On May 30, 2026, Breitbart News noted that Clarke County Sheriff Travis Sumption making clear his office would not enforce the state’s “assault weapons” ban nor the “expanded public-carry restrictions.”

Now, Virginia Citizens Defense League president Philip Van Cleave has released a list showing the number of prosecutors refusing to enforce the ban has reached 17 and the number of sheriffs is at 12.

Here are the prosecutors who are taking a stand for Virginians’ gun rights:

  • W. Lyle Carver, Amherst County
  • Leslie M. Fleet, Appomattox County
  • Paul A. McAndrews, Campbell County
  • Daniel J. Farnsworth Jr., Charlotte County
  • Matthew E. Bass, Clarke County
  • W. Eric Branscom, Floyd County
  • John L. Lumpkins Jr., Goochland County
  • Bethany Harrison, Lynchburg
  • Chapman L. Good, Sr., Page County
  • Dayna K. Bobbitt, Patrick County
  • Rob Cerullo, Powhatan County
  • Justin L. Griffith, Pulaski County
  • Kyle Kilgore, Scott County
  • Elizabeth H. Cooper, Shenandoah County
  • Phillip Blevins, Smyth County
  • Ryan Mehaffey, Spotsylvania County
  • John S. Bell, Warren County

Here are the 12 sheriffs: Appomattox County Sheriff, Robert N. Richardson, Clarke County Sheriff, Travis M. Sumption, Floyd County Sheriff, Brian Craig, Hanover County Sheriff, Gregory W. Six, Henry County, Sheriff Wayne Davis, Louisa County Sheriff, Donald Lowe, Patrick County, Sheriff Daniel M. Smith, Powhatan County Sheriff, Brad W. Nunnally Jr., Scott County Sheriff, Jeff B. Edds, Shenandoah County Sheriff, Timothy C. Carter, Spotsylvania County Sheriff, Roger L. Harris, and Warren County Sheriff, Crystal M. Cline.

The ban on AR-15s and similar rifles, along with magazines holding more than 15 rounds, is set to take effect July 1, 2026.

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Top DOJ official predicts Supreme Court will declare AR-15 rifles legal everywhere in America

The Justice Department’s top civil rights lawyer believes the Trump administration’s lawsuit this week against the city of Denver’s gun ban will one day soon lead to a Supreme Court decision legalizing the AR-15 semiautomatic rifle – revered by gun owners and reviled by liberals – in every jurisdiction in America.

“We intend to make sure they do that,” Assistant Attorney General Harmeet Dhillon said in an interview set to be aired Wednesday night on the Just the News, No Noise television show.

Dhillon spoke just hours after her office filed a lawsuit against the city of Denver over its ban on “assault rifles,” arguing the ban violates residents’ Second Amendment rights. 

The ban covers AR-15-style rifles, which the complaint argues are owned by “tens of millions” of Americans, 

The complaint also describes the use of the term “assault rifle” in the Denver law’s language as a “rhetorically politically charged” term used by “anti-gun publicists.” 

In addition, the suit cites the 2008 Supreme Court decision in District of Columbia v. Heller, which held that the Second Amendment protects the right of law-abiding citizens to possess weapons that are in common use for lawful purposes.

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NJ’s AR-15 ban is unconstitutional, but 10-round magazine limit OK, federal judge rules

New Jersey’s ban on the AR-15 rifle is unconstitutional, but the state’s cap on magazines over 10 rounds passes constitutional muster, a federal judge said Tuesday.

U.S. District Judge Peter Sheridan’s 69-page opinion says he was compelled to rule as he did because of the Supreme Court’s rulings in firearms cases, particularly the 2022 Bruen decision that expanded gun rights.

Sheridan’s ruling left both 2nd Amendment advocates and the state attorney general planning appeals. The judge temporarily delayed the order for 30 days.

Pointing to the high court’s precedents, Sheridan suggested Congress and the president could do more to curb gun-related violence nationwide.

“It is hard to accept the Supreme Court’s pronouncements that certain firearms policy choices are ‘off the table’ when frequently, radical individuals possess and use these same firearms for evil purposes,” he wrote.

Sheridan added: “Where the Supreme Court has set for the law of our Nation, as a lower court, I am bound to follow it. … This principle — combined with the reckless inaction of our governmental leaders to address the mass shooting tragedy afflicting our Nation — necessitates the Court’s decision.”

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Biden Seeks to ‘Outlaw’ AR-15s After Failed Trump Assassination

On Tuesday, President Joe Biden spoke to the NAACP and called for Congress to “outlaw” AR-15s and similar rifles in the wake of the assassination attempt on Donald Trump.

Biden began by saying, “If you’re going to speak about violence, you’re going t to speak about guns.”

He said, “An AR-15 was used in shooting Donald Trump, this was the ‘assault weapon’ that killed so many others, including children. It’s time to outlaw them. I did it once and I will do it again.”

Biden also repeated his false claim that “more children in America die of gunshot wounds than any other reason.”

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