Supreme Court to Hear AR-15 Assault Weapons Ban Cases
The Supreme Court agreed on Tuesday to decide whether states and local governments may ban AR-15-style semiautomatic rifles, taking up a Second Amendment fight that could reshape gun laws in nearly a dozen states.
The justices granted review in two consolidated cases, Viramontes v. Cook County from the 7th U.S. Circuit Court of Appeals and Grant v. Higgins from the 2nd Circuit, and will hear arguments in the term that begins in October. At issue is whether so-called assault weapons — most commonly AR-15-style rifles — fall within the Second Amendment's protection, according to JURIST.
The two laws under review
One case targets a Cook County, Illinois, ordinance covering the Chicago area; the other challenges Connecticut's ban, which the state tightened after the 2012 mass shooting at Sandy Hook Elementary School in Newtown, where a gunman with an AR-15-style rifle killed 26 children and educators. Lower courts upheld both measures.
The 2nd Circuit described AR-style rifles as "dangerous and unusual" and "particularly suited for criminal violence," as CBS News reported. Cook County and Connecticut argue the banned firearms are functionally equivalent to military weapons and may be restricted under the nation's historical tradition of firearm regulation.
Gun owners and rights groups, including the Second Amendment Foundation and the Firearms Policy Coalition, counter that the rifles are among the most common in the country and therefore protected under the "common use" standard from District of Columbia v. Heller. Reports differ on the precise lineup of challengers: NBC News named individual Cook County residents joined by two advocacy groups, while other outlets listed the National Association for Gun Rights among the Connecticut plaintiffs.
A signal from the conservative majority
The court's 6-3 conservative majority has expanded gun rights in recent years. When the justices declined to hear a similar case last year, four conservative justices signaled they viewed AR-15 bans as constitutionally suspect. Justice Brett Kavanaugh wrote separately that "in my view, this court should and presumably will address the AR-15 issue soon."
The cases build on the court's 2022 decision in New York State Rifle & Pistol Association v. Bruen, which required gun regulations to be consistent with the nation's historical tradition. "Bruen was this enormous sea change in constitutional interpretation," said Hayley Lawrence, executive director of Duke Law School's Center for Firearms Law, per The Guardian.
Gun-control advocates defended the laws. "These laws are critical public safety measures, and they are consistent with the second amendment," said Janet Carter of Everytown Law.
What's at stake
A ruling for the challengers could unsettle assault weapons bans in states including California, Maryland, Massachusetts, New Jersey, New York and Washington. The decision follows a string of recent Second Amendment wins at the court, including one in which the justices struck down a Hawaii gun-carry restriction and another upholding the gun rights of marijuana users. The move also came one day before the Justice Department sued Virginia and California over their gun laws.
Frequently Asked Questions
What did the Supreme Court agree to decide?
Whether states and local governments may ban AR-15-style semiautomatic rifles, or whether such bans violate the Second Amendment's protection of arms in "common use."
Which cases will the court hear?
Two consolidated cases: Viramontes v. Cook County, involving an Illinois ordinance, and Grant v. Higgins, challenging Connecticut's assault weapons ban. Arguments are set for the term beginning in October.
Why does this case matter nationally?
A ruling for the challengers could jeopardize assault weapons bans in roughly a dozen states, including California, Maryland, New York and Washington.
How might the court rule?
The outcome is uncertain, but the 6-3 conservative majority has expanded gun rights in recent terms, and four justices previously signaled skepticism of AR-15 bans.
Sources
Reporting compiled from court records and the cited source outlets.