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SCOTUS to Hear AR-15 Bans
The U.S. Supreme Court agreed on Tuesday to hear challenges to bans on AR-15-style assault weapons, including a Cook County, Illinois ordinance and a Connecticut state law that prohibit the sale, transfer, and possession of assault weapons.
“agreed on June 30 to hear two challenges to assault weapons bans”
The justices said the cases will be argued in the court’s next term, which begins in October, and a ruling could come by this time next year, according to The Trace.
The Supreme Court’s review is expected to impact similar laws in about a dozen states and some counties and cities if the court decides assault weapons bans are unconstitutional, as The Trace reported.
In Connecticut, the law was tightened after the 2012 mass shooting at Sandy Hook Elementary in Newtown, Connecticut, when a gunman armed with an AR-15-style rifle and large-capacity magazines killed 26 children and teachers, CBS News said.
In Cook County, Illinois, the ordinance was enacted nearly 20 years ago and makes it illegal to sell, transfer or possess semiautomatic rifles, including the AR-15 and AK-47, CBS News reported.
Competing Arguments and Quotes
Gun-rights groups argue the bans violate the Second Amendment, while the states defend their restrictions by saying AR-15s and similar weapons are not protected “arms,” ABC News reported.
The Trace quoted Andrew Willinger, a Second Amendment expert and law professor at Georgia State University, saying, “I think it’s likely that the Supreme Court will strike these laws down.”
In Cook County, the Cook County State's Attorney's Office said in a statement, “We will not back down from defending Cook County's long-standing ban on assault weapons.”
The Hill described the central legal dispute as whether AR-15s and similar assault-style rifles are protected by the Second Amendment, noting that oral arguments are expected after the court’s next term kicks off in October and a ruling is likely by next year.
SCOTUSblog said the cases will be argued together, most likely in the fall, and described the Illinois challenge as brought by Cutberto Viramontes, who went to federal court in Chicago in 2021.
What’s at Stake Next
The Supreme Court’s decision could determine whether assault-weapons bans remain in place across the jurisdictions that have adopted them, with The Trace saying a ruling could imperil similar laws in about a dozen states and some counties and cities.
““They’re not going to decide that question,” Willinger said.”
The Guardian reported that the upcoming cases are the court’s latest steps toward clarifying the doctrine set in place by the 2022 Bruen decision, which requires gun laws to pass a “history and tradition test,” and quoted Hayley Lawrence saying, “Bruen was this enormous sea change in constitutional interpretation.”
In Connecticut, CBS News said the 2nd Circuit found the state’s ban is consistent with the country’s historical tradition of firearms regulation and described AR-style rifles as “dangerous and unusual” and “particularly suited for criminal violence.”
In Cook County, CBS News reported that violators of the ban are subject to up to six months in prison and a minimum $5,000 fine, and that the Supreme Court’s review is the first time the high court will weigh the legality of laws restricting access to certain types of firearms.
The Trace also noted that the Supreme Court chose not to take a case that would have addressed restrictions on the capacity of ammunition magazines, with Willinger saying, “They’re not going to decide that question,” while adding, “But I think it would be difficult for them not to really signal, one way or another.”
