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You are at:Home » FPC Petition Asks Supreme Court to Protect All Bearable Arms, Correct Lower Court Resistance
2nd Amendment

FPC Petition Asks Supreme Court to Protect All Bearable Arms, Correct Lower Court Resistance

Press RoomBy Press RoomJuly 7, 2026No Comments3 Mins Read
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FPC Petition Asks Supreme Court to Protect All Bearable Arms, Correct Lower Court Resistance
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What: Firearms Policy Coalition (FPC) filed a petition for certiorari asking the Supreme Court of the United States to review Calce v. New York City, an FPC lawsuit challenging New York City’s ban on electronic arms, including stun guns and tasers. The petition asks the Court to reaffirm that the Second Amendment protects all bearable arms—not just firearms—and to resolve confusion among lower courts over how bans on protected arms must be analyzed under Bruen. The petition explains that the Court could resolve the case through summary reversal—granting review and overturning the decision below without full briefing and oral argument—or, in the alternative, hold the case pending its decision in FPC’s recently granted Viramontes v. Cook County challenge to a ban on so-called “assault weapons,” which is expected to provide important guidance regarding the constitutional framework for evaluating bans on protected arms.

Who: The plaintiffs challenging the ban include FPC, individual FPC members, and the Second Amendment Foundation. The plaintiffs are represented by David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper & Kirk, PLLC.

When: July 7, 2026.

Where: The petition was filed with the Supreme Court of the United States in Washington, D.C.

Why: The petition argues that New York City’s ban violates the Second and Fourteenth Amendments and asks the Supreme Court to clarify that the Second Amendment’s plain text protects all bearable arms. It also argues that questions about whether a particular type of arm is protected—including whether it is in common use—must be addressed at the historical stage of the Bruen analysis, not as a threshold requirement. The petition further explains that the Second Circuit’s approach conflicts with decisions from other federal courts and with the Supreme Court’s recent decision in Wolford v. Lopez.

Quote: “This case is about whether anti-rights governments and lower courts can simply declare constitutionally protected arms outside the Second Amendment by manipulating the Supreme Court’s test. Together with our recently granted landmark challenge to so-called ‘assault weapon’ bans, this case gives the Supreme Court an important opportunity to make clear that the Second Amendment protects all bearable arms. Governments cannot rewrite the Constitution by pretending arms aren’t arms in the first place. FPC and our Grassroots Army will continue to Fight Forward until every unconstitutional ban on protected arms is eliminated.” — FPC President Brandon Combs

Contact: [email protected]

About Firearms Policy Coalition

Firearms Policy Coalition (FPC) is a nonprofit membership organization that exists to create a world of maximal individual liberty and eliminate unconstitutional gun control laws. FPC works—and wins—for the People through high-impact strategic litigation, groundbreaking research, legislative and regulatory advocacy, grassroots activism, education, and public engagement. FPC’s legal division, 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 how FPC is working—and winning—for the People, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.



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