U.S. Supreme Court to hear challenges against bans on owning ‘assault weapons’

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Or sign-in if you have an account.A child looks at guns at the Great American Outdoor Show in Harrisburg, Pennsylvania on Feb. 9, 2024. Photo by Spencer Platt/Getty ImagesThe U.S. Supreme Court agreed to consider whether Americans have a constitutional right to own so-called assault rifles, the popular weapons that have repeatedly been used in mass killings.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorThe justices said they will hear contentions that Cook County, Illinois, is violating the Constitution’s Second Amendment by banning a class of semiautomatic weapons that include the AR-15. The court will also hear a similar case over a ban enacted in Connecticut in the aftermath of the 2012 massacre at Sandy Hook Elementary School in Newtown, Connecticut.The clash could produce a major expansion of gun rights. Eleven states and the District of Columbia prohibit what they call assault weapons, according to Giffords Law Center, an interest group that supports firearm restrictions. Fourteen states and the District of Columbia outlaw high-capacity magazines. The court will hear the new dispute in the nine-month term that starts in October.Get a dash of perspective along with the trending news of the day in a very readable format.By signing up you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of NP Posted will soon be in your inbox.We encountered an issue signing you up. Please try againGun-rights advocates are trying to extend the 2022 Supreme Court decision that declared a constitutional right to carry a firearm in public and established a tough new test for assessing restrictions. The court’s conservative majority said defenders of gun laws must be able to show a historical tradition of similar regulations.Cook County, which includes Chicago, has had a ban since 1993. The current version outlaws more than 100 rifles by name, with criminal penalties of as much as six months imprisonment.The county said it enacted the ban in the face of “overwhelming, mounting, and unrefuted evidence showing that assault rifles are the weapon of choice for criminals and terrorists set on quickly massacring innocents.”The county is being sued by two gun-rights groups and two residents who say they want to acquire semiautomatic rifles. They called the AR-15 an “iconic American firearm” that has become the most popular rifle in the country.“If the Second Amendment does not protect the most popular rifles in the country, it is hard to see how it protects any firearms at all other than the handguns this court held protected in Heller,” they argued, referring to the 2008 Supreme Court decision that enshrined a constitutional right to own a handgun for self-defence purposes.Lower courts have largely upheld assault-weapons bans, including the 7th U.S. Circuit Court of Appeals in the Cook County case and the 2nd Circuit in the Connecticut case.Supporters of the laws include Everytown for Gun Safety, an advocacy group founded and backed by Michael Bloomberg, founder and majority owner of Bloomberg News parent company Bloomberg LP.Some of the court’s conservatives previously indicated they were eager to review an assault-weapons ban. When the court turned away two challenges last year, Justices Clarence Thomas, Samuel Alito and Neil Gorsuch all said they would have taken up the issue.Another conservative, Justice Brett Kavanaugh, declined to provide the needed fourth vote to take up that case but he said the challengers had a “strong argument” that the ban was unconstitutional. Kavanaugh said the Supreme Court should take up the issue after more lower courts had weighed in.The dynamic suggests that two other Republican appointees — Chief Justice John Roberts and Justice Amy Coney Barrett — will likely cast the key votes. As is its custom, the court didn’t say which justices voted to take up the new cases.During their current term, the justices expanded the Second Amendment by ruling that the government can’t categorically bar marijuana users from possessing firearms. The court also struck down a Hawaii law that barred people from bringing firearms to stores and other private property without the owner’s express permission.The new cases are Viramontes v. Cook County, 25-238, and Grant v. Higgins, 25-566.Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here. Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.