Second Amendment: AR-15 needed as defense against …
More than 1 million people are expected to attend the March for Our Lives in Washington D.C. hoping for changes to gun regulations and school safety. USA TODAY
Hundreds of gun supporters rally at the New Hampshire Statehouse in Concord, N.H., Jan. 19, 2013.(Photo: Jim Cole, AP)
ANNAPOLIS, Md. The crowded room exploded in thunderous cheers and applause. Abill to make it a felony to possess gun magazines larger than 10 rounds had just been unexpectedly killed by its sponsorin the middle of debate before the Maryland House of Delegates Judiciary Committee after it was met with rancor by the audience and opposing delegates.
It was a powerful display of the continued influenceof politically active gun ownersmere weeks since new national calls for gun control were sparked by the killing of 17 people in Parkland, Fla.
America has seen a number of mass shootings in the past year:Las Vegas. Sutherland Springs. Stoneman Douglas. In those three instances, the shooter used AR-15 platform rifles.The shooters in Las Vegas and Sutherland Springs used the high-capacity magazines the defeated Maryland bill sought to outlaw.
More: Why the AR-15 keeps appearing at America's deadliest mass shootings
Most Americans who planto march on Washington Saturdayagainst gun violencedon't believe that private citizens should ownhigh-capacity semi-automatic rifles. They don't understand whatmany gun rights defenders see asthe heart of the Second Amendment:The defense against a tyrannical government.
Autoplay
Show Thumbnails
Show Captions
In recent debates, gun rights activists have offered a number of defenses of what gun control advocates call assault weapons, from the rifles not being more deadly than other firearms to illegalization leaving them only in the hands of criminals. The tyranny argument is often overlooked by people whoassume this argument is limited to people on the extreme, militia-end of the gun rights spectrum. But it's become common among gun owners and mainstream conservative figures.
Shannon Alford, the National Rifle Association's Maryland liaison, was among thescores of people who came tothe state House of Delegates on March 6 to offer feedback ona number of gun-related pieces of legislation being consideredafter the Parkland shooting.
"The Second Amendment is not about hunting," Alford toldUSA TODAY."It is not about competitiveshooting. The Second Amendment is about self-defense. It's about being able to stop people who would do you harm, whether that's a criminal or the government."
That NRA position has been repeated almost word for word by several well-known conservative figures in recent years.
"The 2nd Amendment to the Constitution isnt for just protecting hunting rights, and its not only to safeguard your right to target practice," Sen. Ted Cruz, R-Texas, said in a fundraising letter for his 2016 presidential campaign. "It is a Constitutional right to protect your children, your family, your home, our lives, and to serve as the ultimate check against governmental tyranny for the protection of liberty."
Conservative blogger Erick Erickson said the Second Amendment, "contrary to much of todays conversation, has just as much to do with the people protecting themselves from tyranny as it does burglars." And Erickson believes that is the main reason gun control advocates don't understand the need for high-capacity semi-automatic firearms.
That is why there is so little common ground about assault rifles even charitably ignoring the fact that there really is no such thing. If the 2nd Amendment is to protect the citizenry from even their own government, then the citizenry should be able to be armed ...
You may think a 30 round magazine is too big. Under the real purpose of the second amendment, a 30 round magazine might be too small.
Adam Winkler, a constitutional law professor at UCLA, called the idea that a right to fight against government tyranny is enshrined in the Bill of Rights the "insurrectionist theory" of the Second Amendment. (So named because an insurrectionist is someone who takes part in an armed rebellion.)
"That insurrectionist theory used to be a fringe theory of the Second Amendment but its become much more mainstream," said Winkler, the author of Gunfight: The Battle over the Right to Bear Arms in America.
Winkler attributed the surge in the theory's popularity to the increasingly extreme language used by the National Rifle Association and "a desire to frame the Second Amendment in a way that will protect military-style assault rifles."
More: Donald Trump delivers 100 days of 2nd Amendment victories: Chris Cox
If the insurrectionist theory is accepted, then efforts to ban semi-automatic rifles like the AR-15would be unconstitutional because those weapons would be exactly what Americans would "need to fight back against the government," Winkler said.
While Winkler agrees the Second Amendment "has the happy impact of deterring tyranny because the citizenry is armed," he does not believe the Founding Fathers intended to "give the people the right to rise up against the government."
"The Framers understood the right to bear arms as an individual right, but it wasnt a right to stage a revolution," Winkler said. "The Constitution doesnt provide the seeds for its own destruction."
In addition to a questionable legalfoundation, the insurrectionist theory of the Second Amendment often doesn't resonate well with the general public, particularly when politicians and public figures hint at it.
During her failed2010 Senate campaign, Nevada Republican and tea party favorite Sharron Angle was widely deridedfor saying the Founding Fathers included the Second Amendment in the Constitution "for the people to protect themselves against a tyrannical government."
Angle said people were "really looking toward those Second Amendment remedies" as a response to the then-Democratically controlled Congress, which many people interpreted as a suggestion that armed insurrection might be necessary.
More: Second Amendment law lessons: Look beyond the courts for freedom
During the 2016 campaign, President Trump took heat for suggesting that "Second Amendment people" might be able to do something about Hillary Clinton if she won the election.
Donald Trump made some controversial remarks regarding his opponent Hillary Clinton and the Second Amendment, causing quite an uproar on social media.
And U.S. Rep. Tom Suozzi, D-N.Y., was criticized for seeming to suggest during a March 12 town hall that armed insurrection could be necessary if Trump ignores the law.
"This is where the Second Amendment comes in quite frankly, because you know, what if the president was to ignore the courts? What would you do? What would we do?"Suozzi said.
More: Democratic congressman suggests Second Amendment solution for Trump
For most Americans, even those who believe in the right to insurrection, the notion of rising up against the government remains a very far-fetched scenario.
Jeff Hulbert, the founder of the Maryland gun rights groupPatriot Picket, was one of the people who came to the Maryland House of Delegates to voice his concern about the proposed gun control legislation.
Hulbert believes thatgun ownership is a "checks and balances issue for anybody who reveres our democratic republic." Buthe compares his right to take up arms in case of the government reaching what he calls an "intolerable" situation to a fire extinguisher kept in case of a possible emergency.
"Its simply there," Hulbert said. "Its been written into the structure for a reason, but it doesnt mean that its activated every election cycle."
Hulbert said there are "four boxes" that can be employed to resist the government: the ballotbox, the soap box, the jury box and, lastly, the ammo box.
"Nobody I know believes that we have reached the end of the line for the four boxes," Hulbert said. "Were at the level of fear-mongering when we talk about the tyrannical overthrow of a government because our election cycles have seemed to work pretty well."
Hulbert's fellow Patriot Picket member Jim McGuire agreed.
"If we were close to the tipping point, these people and us, we wouldnt be here," McGuire said. "We have the opportunity to speak our minds and have our voices heard and participate in the legislative process. Its still working. If this place was empty, Id be worried."
Autoplay
Show Thumbnails
Show Captions
Read or Share this story: https://usat.ly/2GcgT7M
See more here:
Second Amendment: AR-15 needed as defense against ...
- Press Release: Welch and Durbin Criticize Trump's New 'Second Amendment Section' at DOJ - Quiver Quantitative - January 6th, 2026 [January 6th, 2026]
- US appeals court strikes down California's open-carry ban in major Second Amendment ruling - Fox News - January 6th, 2026 [January 6th, 2026]
- SCOTUS To Hear Texas Second Amendment Case - 710 KURV - January 6th, 2026 [January 6th, 2026]
- Second Amendment Protects Right to Open Carry, Ninth Circuit Panel Holds (2-1) - Reason Magazine - January 6th, 2026 [January 6th, 2026]
- Ghost Guns In 2026: Evolving Tech, Legal Battles, And Second Amendment Implications - Dallas Express - January 6th, 2026 [January 6th, 2026]
- Red flags, Second Amendment rights and more: firearms are one of the most common topics for bills in Missouri so far - WGEM - January 2nd, 2026 [January 2nd, 2026]
- Red flags, Second Amendment rights and more: firearms are one of the most common topics for bills in Missouri so far - KFVS12 - December 31st, 2025 [December 31st, 2025]
- Hawaiis Officials Explain Why They Think They Can Overrule the Second Amendment | An Official Journal Of The NRA - Americas 1st Freedom - December 31st, 2025 [December 31st, 2025]
- Erika Kirk Shares Why She Still Supports Second Amendment After Charlie Was Shot in the Neck - International Business Times UK - December 31st, 2025 [December 31st, 2025]
- Red flags, Second Amendment, more: firearms one of most common topics for Missouri bills - KCTV - December 31st, 2025 [December 31st, 2025]
- Regarding guns and the Second Amendment [letter] - LancasterOnline - December 22nd, 2025 [December 22nd, 2025]
- US government sues US Virgin Islands and accuses officials of violating the Second Amendment - The Independent - December 22nd, 2025 [December 22nd, 2025]
- DOJ sues U.S. Virgin Islands over lack of gun rights, but theres a catch - Second Amendment Foundation - December 22nd, 2025 [December 22nd, 2025]
- US government sues US Virgin Islands and accuses officials of violating the Second Amendment - AP News - December 18th, 2025 [December 18th, 2025]
- Is 2026 The Year of the Second Amendment? - California Rifle & Pistol Association - December 18th, 2025 [December 18th, 2025]
- NRA Foundation Affirms the Importance of Second Amendment Philanthropy | An Official Journal Of The NRA - American Hunter - December 18th, 2025 [December 18th, 2025]
- US government sues US Virgin Islands and accuses officials of violating the Second Amendment - Clinton Herald - December 18th, 2025 [December 18th, 2025]
- Press Release: Sen. Ted Cruz Files Amicus Brief Supporting Second Amendment and Interstate Firearm Permit Recognition - Quiver Quantitative - December 18th, 2025 [December 18th, 2025]
- Hudsonville teen moves to dismiss federal machine gun charge, citing Second Amendment protections - WZZM13.com - December 12th, 2025 [December 12th, 2025]
- Real Second Amendment curriculum could be headed to high schools soon - Buckeye Firearms Association - December 12th, 2025 [December 12th, 2025]
- State of Florida agrees in court settlement with Gun Owners of America, Open Carry is unequivocally protected by the Second Amendment - Gun Owners of... - December 12th, 2025 [December 12th, 2025]
- Real Second Amendment curriculum could be headed to high schools soon - Second Amendment Foundation - December 12th, 2025 [December 12th, 2025]
- Miami Elects Mayor with Gun Control Record Raising Public Safety and Second Amendment Concerns - Gun Owners of America - December 12th, 2025 [December 12th, 2025]
- Feds Grant Nearly $1M to Wyoming Law School to Teach the Second Amendment in High Schools - USA Carry - December 12th, 2025 [December 12th, 2025]
- DOJ promises 'a lot more action' on gun rights with new Second Amendment enforcement section - Fox News - December 10th, 2025 [December 10th, 2025]
- Analysis: What to Make of New DOJ Second Amendment Section [Member Exclusive] - The Reload - December 10th, 2025 [December 10th, 2025]
- Second Amendment is not a second-class right: AAG Harmeet Dhillon announces new DOJ unit to enforce gun - Times of India - December 10th, 2025 [December 10th, 2025]
- DOJ to Investigate Costs and Delays of Citizens Second Amendment Rights | An Official Journal Of The NRA - Americas 1st Freedom - December 10th, 2025 [December 10th, 2025]
- Why Erika Kirk supports Second Amendment even after husband's murder - azcentral.com and The Arizona Republic - December 10th, 2025 [December 10th, 2025]
- Erika Kirk still supports the Second Amendment despite her husband Charlies death - The Independent - December 5th, 2025 [December 5th, 2025]
- The DOJ is Adding a Second Amendment Section | An Official Journal Of The NRA - Americas 1st Freedom - December 5th, 2025 [December 5th, 2025]
- The Greatest Second Amendment Victory in a Century | An Official Journal Of The NRA - Americas 1st Freedom - December 5th, 2025 [December 5th, 2025]
- Women for Gun Rights Applauds Creation of New Second Amendment Rights Section - Outdoor Wire - December 5th, 2025 [December 5th, 2025]
- Would America Be Safer Without the Second Amendment? - The Free Press - November 30th, 2025 [November 30th, 2025]
- "Bans Don't Work": Second Amendment Group Responds to Latest Recommendations from Gov. Whitmer's Task Force - WHMI - November 28th, 2025 [November 28th, 2025]
- DOJ to Launch Second Amendment Rights Office on Dec. 4th - USA Carry - November 28th, 2025 [November 28th, 2025]
- GOA & GOF Declare DOJ Brief an Open Attack on the Second Amendment and the Constitution - Gun Owners of America - November 28th, 2025 [November 28th, 2025]
- Gun rights groups hail Trumps pick to lead ATF: First ever truly pro-Second Amendment nominee - New York Post - November 20th, 2025 [November 20th, 2025]
- Turning Point hosts Paige Roux to talk about firearm safety and the Second Amendment - Kentucky Kernel - November 20th, 2025 [November 20th, 2025]
- The Supreme Court is more interested in Second Amendment cases than ever before - Local News 8 - November 20th, 2025 [November 20th, 2025]
- SAF FIGHTS GOVERNMENT EFFORT TO CONTINUE ENFORCING POST OFFICE CARRY BAN - Second Amendment Foundation - November 20th, 2025 [November 20th, 2025]
- SAF FILES MOTION FOR SUMMARY JUDGMENT IN MASSACHUSETTS YOUNG ADULT FIREARMS BAN - Second Amendment Foundation - November 20th, 2025 [November 20th, 2025]
- Second Amendment Legacy Foundation awards $50,000 in youth shooting sports grants - KTLO - November 20th, 2025 [November 20th, 2025]
- Second Amendment not bar to felon in possession indictment - Rhode Island Lawyers Weekly - November 20th, 2025 [November 20th, 2025]
- An Official Journal Of The NRA | This District Courts Treatment of the Second Amendment is Comically Unconstitutional - Americas 1st Freedom - November 18th, 2025 [November 18th, 2025]
- Kennedy secures veterans Second Amendment rights in deal to reopen government, renews call to stop paying Congress during shutdowns -... - November 18th, 2025 [November 18th, 2025]
- Federal Bills Introduced to Safeguard Second Amendment Rights During Government Shutdowns - NSSF | The Firearm Industry Trade Association - November 5th, 2025 [November 5th, 2025]
- Why the political arguments used by conservatives to twist the Second Amendment are a public fraud - Milwaukee Independent - November 5th, 2025 [November 5th, 2025]
- Save the Filibuster Save the Second Amendment - Gun Owners of America - November 5th, 2025 [November 5th, 2025]
- The Supreme Court Is More Interested in Second Amendment Cases Than Ever Before - The Trace - November 3rd, 2025 [November 3rd, 2025]
- SNL Weekend Update: Michael Che Says Government Still Aids Food Insecure Families Through Second Amendment After SNAP Cutoff - Deadline - November 3rd, 2025 [November 3rd, 2025]
- Supreme Court to weigh Second Amendment rights of cannabis users - inlander.com - November 3rd, 2025 [November 3rd, 2025]
- The Popular 3D-Printed Gun Globalizing the Second Amendment - Bloomberg - October 30th, 2025 [October 30th, 2025]
- The Future of the Second Amendment: A Nation Divided, Armed, and at a Crossroads - The Truth About Guns - October 30th, 2025 [October 30th, 2025]
- A warning to Florida public officials about the new open-carry law - Second Amendment Foundation - October 30th, 2025 [October 30th, 2025]
- Members Newsletter: Will SCOTUS Go Narrow in its New Second Amendment Cases? - The Reload - October 30th, 2025 [October 30th, 2025]
- I just took Everytowns online firearm training course - Second Amendment Foundation - October 28th, 2025 [October 28th, 2025]
- New Hampshire Bill Strengthening Second Amendment Rights on Public Property Advances - The Truth About Guns - October 26th, 2025 [October 26th, 2025]
- An Official Journal Of The NRA | Illegal Drugs and Second Amendment Rights - Americas 1st Freedom - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court Will Weigh Gun Restrictions for Drug Users - The New York Times - October 23rd, 2025 [October 23rd, 2025]
- The Right to Bear Technology: Americas Other Second Amendment - Andreessen Horowitz - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court adds another gun case to the docket, over drug use and the Second Amendment - MSNBC News - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court will consider case on Second Amendment rights of drug users - Yahoo - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court will decide if 'habitual drug users' lose their gun rights under Second Amendment - The Spokesman-Review - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court will consider case on Second Amendment rights of drug users - Fox News - October 21st, 2025 [October 21st, 2025]
- Why an American raised in Rhodesia reveres the Second Amendment - Second Amendment Foundation - October 21st, 2025 [October 21st, 2025]
- In yet another move against gun ownership, California Democratic Governor Gavin Newsom recently signed Assembly Bill 1127 into law, triggering... - October 17th, 2025 [October 17th, 2025]
- Across the aisle: shootings, safety and the Second Amendment - The Muhlenberg Weekly - October 15th, 2025 [October 15th, 2025]
- Second Amendment auditors walking roads with rifle and body armor, Fla. cops say - Police1 - October 13th, 2025 [October 13th, 2025]
- The Second Amendment Holds More Weight Than Uncle Dicks Deer Stand - NSSF | The Firearm Industry Trade Association - October 11th, 2025 [October 11th, 2025]
- Supreme Court to hear Hawaii gun law case with Second Amendment implications - Baltimore Sun - October 11th, 2025 [October 11th, 2025]
- Our Next Debate: Would America Be Safer Without the Second Amendment? - The Free Press - October 9th, 2025 [October 9th, 2025]
- Fact Check Team: SCOTUS to hear Hawaii gun law case, potential impact on Second Amendment - The National Desk - October 9th, 2025 [October 9th, 2025]
- Second Amendment auditors walking Florida roads with AR-15 and body armor - Tampa Bay Times - October 9th, 2025 [October 9th, 2025]
- Fact Check Team: SCOTUS to hear Hawaii gun law case, potential impact on Second Amendment - KRCR - October 9th, 2025 [October 9th, 2025]
- Impac Mortgage : Discloses Execution of Second Amendment to Tax Benefits Preservation Rights Agreement and Execution of Amended and Restated Key... - October 9th, 2025 [October 9th, 2025]
- Supreme Court takes Second Amendment case challenging Hawaii gun law - Fox News - October 4th, 2025 [October 4th, 2025]
- Supreme Court takes case that could allow more guns in malls and restaurants - CNN - October 4th, 2025 [October 4th, 2025]
- Justices Take Up Second Amendment Case Over Hawaii's 'Affirmative Consent' Law - Law.com - October 4th, 2025 [October 4th, 2025]
- A different view on Second Amendment rights - thepress.net - October 4th, 2025 [October 4th, 2025]