On June 30, 2026, the U.S. Supreme Court granted certiorari in two cases challenging bans on semiautomatic rifles, including the popular AR-15 platform. The cases, consolidated for review, include Viramontes v. Cook County from the 7th Circuit and Grant v. Rovella from the 2nd Circuit, which addresses Connecticut's ban. Additionally, Brown challenges Maryland's ban on the AR-15 platform.

The central legal question is whether the Second and Fourteenth Amendments guarantee the right to possess AR-15 style and similar semiautomatic rifles. Justice Kavanaugh, in a statement respecting denial in a related 2025 case, noted a "strong argument that AR-15s are in 'common use' by law-abiding citizens and therefore are protected by the Second Amendment." He also remarked on the difficulty in distinguishing AR-15s from the handguns protected under the landmark Heller decision.

Justice Kavanaugh further observed that multiple cases raising this issue are pending in the Courts of Appeals and expressed that "this Court should and presumably will address the AR-15 issue soon, in the next Term or two."

Lower courts have shown resistance to applying the Heller test, which protects arms "in common use at the time for lawful purposes like self-defense." For example, the 7th Circuit in Viramontes summarily rejected the appeal citing the slippery nature of "common use" and shifted focus to machine guns. The 2nd Circuit in Grant stated that the Second Amendment does not necessarily protect all weapons in common use, posing a hypothetical about a nuclear warhead becoming common before a ban.

The AR-15 remains the most popular rifle in the United States, widely legal and purchased by many ordinary consumers. This fact adds weight to the constitutional debate now before the Supreme Court.

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