Supreme Court to Review 'Assault Weapons' Bans Under Second Amendment

Why it matters locally: The Supreme Court's decision to review state prohibitions on 'assault weapons' will directly impact New York, as the state has similar laws restricting the sale and possession of certain semi-automatic firearms.

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WASHINGTON – The U.S. Supreme Court will examine whether state prohibitions on firearms commonly labeled as "assault weapons" violate the Second Amendment. The court announced Monday, May 20, 2024, that it will consider appeals from federal courts that upheld such bans in Illinois and Maryland. These cases, *National Association for Gun Rights v. City of Naperville, Illinois* and *Bianchi v. Brown*, will be held pending the outcome of a separate Second Amendment case concerning federal laws prohibiting gun possession for individuals under domestic violence restraining orders, *United States v. Rahimi*. The high court’s decision to take up these appeals follows rulings from lower courts maintaining these firearms bans. The U.S. Court of Appeals for the 7th Circuit upheld Illinois's statewide prohibition, enacted after a 2022 mass shooting in Highland Park. Similarly, the 4th Circuit Court of Appeals affirmed Maryland's ban. These firearms, often semi-automatic rifles such as the AR-15, are at the center of the legal debate. Advocates against the bans argue these weapons are widely owned and therefore protected under the Second Amendment. Proponents of the bans contend these weapons are designed for military combat and pose an excessive risk in civilian hands. Justice Clarence Thomas previously indicated interest in reviewing the constitutionality of such bans. In 2022, he dissented when the court declined to hear a challenge to Maryland’s ban following the *New York State Rifle and Pistol Association v. Bruen* decision. In *Bruen*, the court established a standard requiring gun laws to align with the nation’s historical tradition of firearm regulation. The cases, *National Association for Gun Rights v. City of Naperville, Illinois* (No. 23-1188) and *Bianchi v. Brown* (No. 23-1248, formerly *Bianchi v. Governor of Maryland*), specifically target state laws that restrict the sale and possession of certain semi-automatic firearms. The court's eventual ruling will have implications for other states with similar laws, including California, New York, New Jersey, Connecticut, Massachusetts, Delaware, and Washington.