Amicus Brief Aims to Dismantle Heller's Individual Right to Bear Arms

William Kirk of Washington Gun Law spent his Halloween episode on something he says is scarier than any horror movie: an amicus brief that argues the Supreme Court got Heller completely wrong. The brief comes from the American Enlightenment Project, filed in a case formerly known as Veramontes v. Cook County, and its goal is nothing less than unwinding the individual right to keep and bear arms.

Key points

• The core claim: the American Enlightenment Project argues Heller never properly examined the Second Amendment's history, full text, or its tie to militia service.
• Going back further: the brief pushes the historical analysis back to the 1181 Assize of Arms, claiming no citizen militias existed then, only organized military forces.
• The stakes: Kirk explains that if this reasoning holds, gun rights would revert to a collective, militia-based right, meaning bans on semi-automatic rifles, or potentially all firearms, could be upheld.
• Precedent at risk: since Heller underpins McDonald and Bruen, Kirk notes the brief's logic could unravel those rulings too, arguing Heller should be rebriefed and treated as non-binding.

Quick take

Kirk frames this as a fringe but serious filing worth watching, since amicus briefs like this test arguments that could later resurface in bigger cases. He's not predicting courts will buy it, but he's flagging the playbook for gun owners who want to see where disarmament advocates are aiming next.

Watch the full video: Washington Gun Law