Dealer Wire

Opposition Governments File Briefs with Supreme Court in SAF's 'Assault Weapons' Ban Challenges

The opposition in Second Amendment Foundation's (SAF) challenges to so-called "assault weapons" bans has filed their opening briefs with the Supreme Court laying out why their bans meet the demands of the Constitution.

This summer, the U.S. Supreme Court agreed to hear SAF's two cases – Viramontes v. Cook County and Grant v. Higgins – challenging bans on commonly owned rifles, including the AR-15, in both Cook County, Ill., and Connecticut. Originally filed in 2021, Viramontes challenges Cook County's ban on many commonly owned modern firearms, which was the precursor for the nearly identical statewide ban passed by the Illinois legislature. In Grant, SAF is challenging Connecticut's ban on commonly owned semi-automatic rifles – both by name and by feature set.

"Categorical bans on the most commonly owned rifles in America violate the Second Amendment, full stop," said SAF Executive Director Adam Kraut. "Unfortunately, countless peaceful Americans across the U.S. are subject to these unconstitutional bans, which single out and demonize modern semi-automatic rifles for nonsensical reasons like the adjustability of a shoulder stock or angle of a grip. The Supreme Court has already laid out a clear method of analysis for statutes like these – and has set constitutional standards that these laws simply fail to meet. The opposition briefs filed attempt 'creative' tactics to avoid those standards – or challenge them outright – and we are confident the Court will not be persuaded. We look forward to filing our reply and responding directly to these poorly conceived positions."

You can read Cook County's brief here and Connecticut's brief here. SAF is joined in Viramontes by the Firearms Policy Coalition and two private citizens and is joined in Grant by the Connecticut Citizens Defense League and three private citizens. Oral arguments for both cases are set for Wednesday, Dec. 2.

"It's high time that assault weapons bans recede back into the primordial ooze of gun control legislation from which they emerged," said SAF founder and Executive Vice President Alan M. Gottlieb. "One might think Supreme Court caselaw explaining that arms in 'common use' are protected by the Second Amendment, and bans on a rifle owned by more than 30 million law-abiding citizens would be incompatible, yet here we are. Anti-gun zealots appear willing to cling to these laws despite the weight of the Constitution being against them. Now is a great time to join SAF and throw your support behind us as we prepare our reply on behalf of all peaceable Americans."

For more information visit SAF.org.

The Second Amendment Foundation (saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.