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Supreme Court to define consequential gun rights in term
The justices will weigh whether history and tradition can support state limits on AR-15s and other semi-automatic rifles after mass shootings.
The United States is reviewing consolidated challenges to Illinois and Connecticut assault-weapon bans in Viramontes v. Cook County and Grant v. Higgins, which target laws banning the sale and manufacture of semi-automatic weapons, including AR-15s.
Both assault weapons bans were pushed in the wake of mass shootings in the respective states, requiring justification under the Bruen v. New York Rifle and Pistol Association precedent, which mandates legislators use United States history and tradition to justify Second Amendment restrictions.
Robert Cottrol, a professor of law at George Washington University, pointed to the Militia Act of 1792, arguing the framers required citizens to own military weapons and this precedent will likely be used to strike down the semi-automatic weapons bans.
The National Firearms Act of 1934 requires registration of fully-automatic weapons; Cottrol said the outcome of these cases must prevent automatic weapons from being allowed, in violation of the law.
Future litigation will determine what limits exist for weapons with large capacities, as the United States must resolve how to remain consistent with history and tradition while distinguishing which weapons fall outside the ends of protection.