Supreme Court’s Decisive Cases on Semiautomatic Rifles

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October 12, 2026
Politics

Gun control supporters often express concern when the Supreme Court agrees to review cases. This term, the worries intensify with two significant cases from Illinois and Connecticut dealing with the Second and Fourteenth Amendments. These cases question the constitutional right to possess AR-15 style and similar semiautomatic rifles, with oral arguments scheduled for December. This decision will impact whether gun laws hold or are deemed unconstitutional.

The backdrop is challenging for gun control advocates. Since 2008, gun rights groups have seen victories, notably in District of Columbia v. Heller where the Supreme Court ruled that the Second Amendment protects an individual’s right to own firearms. The trend continued in 2021 with New York State Rifle and Pistol Association, Inc. v. Bruen. The court decided that firearm ownership restrictions were presumptively unconstitutional under the Second Amendment’s plain text.

The Bruen decision marked a shift. It opted for a “history and tradition” test to validate gun laws, which considers whether restrictions align with historical firearm regulation. This approach excludes considerations of governmental interests or modern needs, making it challenging to impose restrictions on powerful, advanced firearms.

The Supreme Court’s stance on firearms neglects compelling reasons for gun control, using a historical test that dismisses practical legislative intentions.

Two key laws face scrutiny. On December 14, 2012, the Sandy Hook Elementary School tragedy occurred in Newtown, Connecticut, with a gunman using a Bushmaster Model XM15-E2S rifle to kill 26 people. In reaction, Connecticut enacted legislation banning various semiautomatic rifles.

Similarly, Highland Park, Illinois, suffered on July 4, 2022, as a shooter used a semiautomatic rifle at an Independence Day parade, resulting in seven fatalities and many injuries. Cook County reaffirmed its 2006 ordinance against assault-style weapon possession, a measure now reviewed by the Supreme Court.

Semiautomatic rifle mass shootings have been prominent in numerous locations, emphasizing the importance of legislative efforts to limit such weapons.

Gun rights groups seek strict adherence to the Bruen decision, claiming the Second Amendment doesn’t allow for weighing firearms restrictions costs and benefits. Nonetheless, there remains optimism. The Supreme Court has moderated extreme outcomes from Bruen, evidenced in U.S. v. Rahimi, where exceptions were made for domestic abusers.

Justice Brett Kavanaugh’s viewpoint in Trump v. Barbara, addressing birthright citizenship, suggests a potential path forward for considering modern circumstances in restrictions.

In Bruen, the majority claimed the right to bear arms isn’t inferior to other Bill of Rights provisions. However, it shouldn’t be superior either. The adaptation of rights under unforeseen circumstances, as argued by Kavanaugh, could similarly apply to gun regulation.

Steven Lubet, Williams Memorial Professor Emeritus at Northwestern University Pritzker School of Law, has coauthored “Judicial Conduct and Ethics.”