The US Supreme Court has agreed to hear challenges to state and local bans on AR-15 rifles and similar semi-automatic firearms, setting the stage for a major ruling on the Second Amendment's scope. The justices on Tuesday said they will consider appeals from Connecticut and Cook County, Illinois, in the upcoming term, marking the latest effort to clarify the constitutional standard set by the 2022 Bruen decision.
Background and Legal Context
The cases come after two recent victories for gun rights advocates. On July 18, the court sided with a Texas man who argued that policies barring marijuana users from gun ownership violate the Second Amendment. The following week, the conservative majority struck down a Hawaii law prohibiting guns on private property without the owner's consent. These rulings have prompted the court to address the constitutionality of assault-weapons bans, which have been enacted in several states following mass shootings.
Hayley Lawrence, executive director of the Center for Firearms Law at Duke Law School, noted that the Bruen decision requires gun laws to pass a "history and tradition test." She stated, "Bruen was this enormous sea change in constitutional interpretation. It bakes in judicial discretion, and Supreme Court justices don't like how lower courts are applying the test they created. These cases are an opportunity to further clarify the methodology and application of the history and tradition test."
Details of the Bans
Connecticut's ban was passed after a mass shooter used an AR-15 to kill 26 children and educators at Sandy Hook Elementary School in 2012. The state argues that such weapons are similar to military-grade firearms and are preferred by mass shooters, making them subject to prohibition. Cook County's ban, first enacted in 1993, has also been challenged. Lower courts have upheld both laws, but the Supreme Court's review could overturn them.
Janet Carter, managing director of Second Amendment litigation at Everytown Law, defended the measures: "These laws are critical public safety measures, and they are consistent with the Second Amendment." Conversely, Adam Kraut, executive director of the Second Amendment Foundation, argued that banning semi-automatic rifles is unconstitutional, noting that "the Second Amendment protects arms in common use for lawful purposes, and it's hard to argue that a type of rifle that potentially outnumbers Ford F-150 trucks in America doesn't meet that standard."
Impact and Next Steps
Arguments are expected in the fall, with a decision likely in 2024. The court's ruling could affect similar bans in states like California, New York, and Delaware, as well as potential future federal legislation. The Firearms Policy Coalition, which filed the initial challenge against Cook County's ban in 2021, celebrated the court's decision to grant cert in Viramontes v. Cook County, Illinois. The group stated, "For years, the FPC Grassroots Army has fought hard to bring this question to the Supreme Court, and now the time has come to march forward and reclaim the rights that were immorally taken from us."
Attorneys for Cook County argue the measure passes constitutional muster, writing that "the trauma that assault weapon massacres have inflicted on the public at large has been staggering." The court declined to hear another case involving restrictions on gun sales to people aged 18 to 20.
