Ken Cuccinelli: “It needs to collect that information before imposing the rule, to make sure the benefits in fact outweigh the costs.”

I started, particularly here at the 250th anniversary [of Virginia’s constitution being adopted], by reflecting on sections one, two, and three of the Declaration of Rights, which were adopted at the same time as Section 13.

All of the Second Amendment case law you’re familiar with, Heller, Bruen, et cetera, Miller, is merely persuasive authority.

And famously, Mason said, we are the militia. They are the whole people, and that was never disputed in that time period and the Commonwealth didn’t dispute that.

That means no one has had a legal dispute that will turn on the questions that this case will turn on before.