Supreme Court accepts two assault weapons ban cases, setting stage for landmark Second Amendment ruling
The U.S. Supreme Court has agreed to hear challenges to assault weapons bans in Illinois and Connecticut, cases that could reshape gun laws in nearly a dozen states and force the justices to define exactly which firearms the Second Amendment protects.
The Court granted certiorari in Viramontes v. Cook County and Grant v. Higgins, two cases that directly challenge state-level bans on AR-15-platform rifles and similar semi-automatic firearms. The Washington Examiner reported that certiorari was granted on June 30, with oral arguments expected in fall and a ruling by next spring. The cases arrive at a Court that has spent three consecutive terms expanding its Second Amendment framework, and now faces the question it has so far avoided: whether the government can ban entire categories of commonly owned firearms.
Illinois bans 100 firearms by name, including semi-automatic weapons with detachable magazines. Connecticut bans 70 specific firearms under its own prohibition. Together, the two laws represent a regulatory approach shared by close to a dozen states, including New York, California, and New Jersey, that could be upended by a single ruling.
Bruen's unfinished business reaches the Court
The legal foundation for both cases traces back to New York State Rifle & Pistol Association v. Bruen, the 2022 decision that struck down New York's requirement that individuals demonstrate a special need for self-protection before carrying a firearm in public. In that ruling, the Court established what has become known as the historical analogue test: governments seeking to restrict Second Amendment rights must show that the restriction has a historical parallel in the nation's tradition of firearm regulation.
That framework reshaped gun litigation overnight. But lower courts have struggled to apply it consistently, particularly when confronting modern weapons that have no precise eighteenth-century equivalent. The assault weapons ban cases will force the justices to say how far the test reaches, and whether semi-automatic rifles owned by millions of Americans fall within its protection.
An estimated 32 million AR-15-style rifles are currently in civilian circulation, The Center Square reported. That number matters because the Court's earlier decision in District of Columbia v. Heller (2008) held that the Second Amendment protects weapons "in common use" for lawful purposes. If 32 million rifles qualify as commonly used, and it is difficult to argue otherwise, then the government faces a steep burden to justify banning them.
The Supreme Court has been building toward this confrontation for years. Chief Judge Brennan, dissenting in the Seventh Circuit ruling that upheld Illinois's statewide AR-15 ban, put the point bluntly:
"Because the people have overwhelmingly chosen the AR-15 rifle and its magazine as their weapon of choice, they are protected by the Second Amendment."
Rahimi and Hemani: two signals the Court sent before taking this fight
Before accepting the assault weapons cases, the Court issued two rulings that revealed how the justices are thinking about the boundaries of Bruen.
In Rahimi v. United States (2024), the Court upheld a federal law that bars individuals under domestic violence restraining orders from possessing firearms. Some analysts read that decision as a retreat from Bruen's strict historical analogue requirement, a sign that the justices were loosening the test under political pressure. Notre Dame law professor Haley Proctor said that reading was wrong:
"I think that led many people to misread Rahimi as yet another course correction as the court backing away from the Bruen test in favor of a somewhat flexible principles-based approach to the Second Amendment."
Then came U.S. v. Hemani, decided last term. The Court struck down a federal law prohibiting controlled substance users from possessing firearms. The government had pointed to historical laws barring public drunkards from civic participation as an analogue. The justices rejected the comparison. Proctor explained why the analogy failed:
"Their 'why' was different: protecting the assets of historical drunkards from dissipation of assets instead of protecting the community from violence."
That distinction matters enormously for the assault weapons cases. If the Court demands that historical analogues share not just a surface resemblance but the same underlying purpose, then states defending their bans will need to produce founding-era laws that restricted specific categories of commonly owned weapons for the same reason modern bans exist. That is a narrow needle to thread.
Michael Williams, general counsel at the American Suppressor Association, said Hemani also sent a warning about the government's tendency to group broad categories of people, or, by extension, broad categories of weapons, into a single prohibited class:
"When the grouping is this broad, it's a no-go for the court."
The Court also heard Wolford v. Lopez last term, a case described as directly addressing the Bruen test. The outcome of that case was not detailed in available reporting, but its presence on the docket signals the justices' sustained interest in refining the framework they built in 2022.
Amy Swearer frames the test the Court must clarify
Amy Swearer, a senior legal fellow at Advancing American Freedom, described the challenge facing the justices as one of calibration, not ideology. The Bruen test requires historical analogues, but how close must the analogy be?
"Courts should neither uphold every modern law that remotely resembles a historical analogue, nor require the government to produce a historical twin or dead ringer for the modern law."
That framing captures the central tension. If the standard is too loose, any vaguely similar historical restriction could justify sweeping modern bans. If it is too strict, no modern gun law could survive because the founders never contemplated semi-automatic rifles. The Court must draw a line, and wherever it draws that line will ripple through every gun regulation in the country.
Swearer also flagged the "well-armed militia" argument as a potential defense against assault weapons bans. The Second Amendment's reference to a "well regulated Militia" has traditionally been invoked by gun-control advocates. But Swearer's analysis suggests it could cut the other way: if the amendment protects the right of citizens to be armed for militia-type service, then military-style rifles are precisely the weapons it covers.
The Supreme Court has been an increasingly active institution this term, taking on cases that range from mail-in ballot disputes to questions about its own operational capacity. The assault weapons cases add another layer of consequence to a docket already loaded with politically charged disputes.
Williams warns of a 'slippery slope' if the government prevails
Williams went further than most analysts in describing what a government victory could mean. If states can ban entire classes of firearms without individualized findings about dangerousness, the principle extends well beyond AR-15s.
"If Congress were allowed to create out-groups that had no real relationship to whether an individualized finding that a person is or could be violent, that's a pretty bad slippery slope."
That argument resonates beyond the gun debate. The logic of categorical bans, prohibiting a thing because of what it could be used for, rather than because a specific person has demonstrated a propensity for harm, touches fundamental questions about how the government treats constitutional rights. Lower courts have already shown a willingness to resist Supreme Court guidance in other areas of law. A clear ruling here could reduce that ambiguity.
Williams acknowledged the difficulty of predicting the outcome but said the Court's recent track record points in one direction:
"It's tough to predict how the Supreme Court would take that, but so far the court has been pretty serious about insisting through its opinions that it was serious about Bruen."
Ten states and D.C. face potential fallout
National Review noted that ten states and the District of Columbia currently enforce bans on AR-15-type rifles, with Colorado's ban set to take effect in August and Virginia's currently blocked by preliminary injunctions. A ruling striking down the Illinois and Connecticut laws would put every one of those bans on unstable legal ground.
The practical stakes are enormous. State legislatures that spent years crafting detailed lists of banned firearms, 70 in Connecticut, 100 in Illinois, could see those laws voided in a single opinion. Jay Rogers, quoted by the Washington Examiner, predicted the case would rank alongside the Court's most consequential gun decisions: "It will leave as the next Heller, or the next Bruen, or the case a dozen state legislatures spend next spring rewriting their laws around."
Carrie Campbell Severino of National Review framed the upcoming term as potentially matching the one that just ended, which featured landmark rulings on presidential removal power, campaign finance, the Second Amendment, and birthright citizenship: "Gun rights, parental rights, election integrity, religious liberty, and climate lawfare are already on the docket, and the Court is just getting started. Next term may prove as consequential as the one that just ended."
Oral arguments in the assault weapons cases are expected in late 2026 or early 2027. The justices will have the benefit of their own recent precedents in Bruen, Rahimi, and Hemani, a body of work that, taken together, suggests the Court is not backing away from the framework it built but refining it with increasing precision.
The Court itself has signaled that the pressures on the institution are growing. The assault weapons cases will test whether the justices are willing to follow their own precedent to its logical conclusion, even when that conclusion invalidates laws in a dozen states.
Thirty-two million Americans chose to own the rifle their government wants to ban. The Court will now decide whether the Constitution protects that choice, or whether the Second Amendment stops at whatever weapon a state legislature finds acceptable.






