Supreme Court Will Hear AR-15 Ban Challenges in December

The Supreme Court will hear arguments Dec. 2 in a pair of cases asking whether the Second Amendment protects a right to possess AR-15-style and similar semiautomatic rifles. The cases challenge laws in Connecticut and Cook County, Illinois.

That is different from saying the Court will decide the issue in December. Oral argument is scheduled for December; a final ruling would ordinarily come later in the term.

What the Two Cases Ask

The Connecticut case challenges state restrictions on certain semiautomatic rifles. The Cook County case challenges a local ordinance that restricts assault weapons and large-capacity magazines.

The challengers argue that AR-15-style rifles are commonly owned for lawful purposes and are protected by the Second Amendment. Connecticut and Cook County have defended their restrictions as lawful firearm regulations.

Lower courts rejected the challenges, leaving the bans in place. The Supreme Court nevertheless agreed to hear the cases, putting a question before the justices that their earlier Second Amendment rulings did not directly resolve.

Why This Case Is Different From Earlier Gun Rulings

The Court has previously issued major decisions about handgun possession, public carry and the legal test courts should use when reviewing firearm restrictions. These cases focus more narrowly on whether governments may prohibit a category of semiautomatic rifle that challengers describe as being in common use.

CBS News reported that 14 states and the District of Columbia restrict access to semiautomatic weapons covered by laws of this type. A ruling that broadly protects possession of AR-15-style rifles could put some of those restrictions at risk.

A ruling for the governments could leave those laws standing and give lower courts more guidance for future challenges involving specific firearm types.

What Happens in December

The justices are scheduled to hear the consolidated cases on Dec. 2. Lawyers for both sides will argue over how the Court’s modern Second Amendment precedents apply to AR-15-style rifles and similar semiautomatic weapons.

The key timing point for readers is simple: December is the argument date, not a guaranteed decision date. A final opinion is expected later in the Supreme Court term.

References: CBS News