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When the Supreme Court granted certiorari in Grant v. Higgins, Attorney General William Tong promised to fight “with everything we’ve got” to keep what he called “weapons of war” out of Connecticut homes. On Friday, the United States government filed a blockbuster brief signaling that Tong has the Constitution backward.

Solicitor General D. John Sauer submitted an amicus curiae brief on September 4, 2026, in the consolidated cases Grant v. Higgins and Viramontes v. Cook County. Moving decisively against state restrictions, the Justice Department is standing firmly with the challengers, not with Hartford.

The federal government's argument hinges on the principle that the Second Amendment protects arms in "common use" for lawful purposes. Because AR-15 platform rifles are the most commonly owned rifles in the United States, a categorical ban on them—like the ones enacted in Connecticut and Illinois—amounts to a direct prohibition of Second Amendment rights.

This stance directly opposes Tong’s position. The post-Sandy Hook statute bans rifles by name and features—such as forward pistol grips, folding stocks, and flash suppressors—that do not transform a civilian semiautomatic rifle into an automatic machine gun. While the Second Circuit previously upheld Connecticut's ban, the DOJ is now urging the high court to reverse that decision.

Oral arguments are scheduled for December 2, 2026. If the Supreme Court adheres to its established common-use framework, Connecticut’s strict ban will not survive.

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