Pro-gun groups warn Supreme Court that ‘assault weapons’ bans revert rights to the 19th century
BY Herschel SmithThe consolidated cases in Viramontes v. Cook County and Grant v. Higgins will deal with whether assault weapons bans, which typically outlaw the purchase of AR-15 and similar semiautomatic rifles, are constitutional under the Second and 14th amendments. The two cases are over laws in Cook County, Illinois, and Connecticut, but are similar to laws in various other states that will be affected by the high court’s eventual ruling. A brief filed to the Supreme Court arguing the laws are unconstitutional warns that broadly banning popular modern firearms, such as AR-15 style guns, would be incompatible with federal law and set Second Amendment rights back hundreds of years.
“Advances in firearms have always been part of the American experience,” said the brief filed by the National Rifle Association, American Suppressor Association, and Independence Institute, noting how modern semiautomatic firearms are the latest iteration of weapons the founders wanted to protect with the Second Amendment.
“To hold that Americans’ most popular firearm is in fact not an ‘Arm’ at all defies reason,” a brief filed by several pro-gun groups, led by Gun Owners of America, said. “AR-15s and other semiautomatic rifles ‘fall squarely’ within the Second Amendment’s basic definition of ‘Arms.’ That is all that is needed for the bans under review to be ‘presumptively unconstitutional.’”
The Trump administration threw its weight behind the bid to strike down “assault weapons” bans, with Solicitor General D. John Sauer arguing that the laws are flatly unconstitutional. The Department of Justice brief asserts that the bans do not comport with the country’s history and tradition of firearm regulation and violate the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen.
“The AR-15 rifle is unquestionably in common use among law-abiding citizens for lawful purposes,” Sauer wrote. “Today, AR-15s are lawful at the federal level and in 40 States. The overwhelming majority of AR-15 owners possess those rifles for the lawful purposes to which they are adapted, such as self-defense in the home, hunting, and target shooting. A ban on possessing such rifles thus violates the Second Amendment.”
There it is again, that phrase: “In Common Use.” I don’t care if there’s only a single AR-15 extant in the world. The 2A forbids the banning of it.
And leave it to the FedGov to use that argument rather than the militia argument we’ve discussed before. Finally, the article doesn’t even bring up that issue – I don’t think Jack Birle did a very good job with this article.
Lol. The Roman Catholic Church weighs in asking the court to inveigh against these weapons. As if I have some reason to care what the RCC says about anything. However, a lot of the justices are catholic so there’s that. Hopefully they’ll see through this. The RCC has also weighed in on AI. That’s like asking me what I think about colorectal surgery. Can’t they just shut up?
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