The Supreme Court on June 2 let Maryland’s ban on assault-style weapons and Rhode Island’s ban on high-capacity magazines stand, choosing not to weigh in on whether they meet constitutional standards.
Divided Opinions Among Justices
Conservative Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas dissented, saying they would have taken up the issue. “I would not wait to decide whether the government can ban the most popular rifle in America,” Thomas wrote, referencing AR-15s.
Justice Brett Kavanaugh also suggested the court should address the AR-15 issue soon, noting they’re in “common use” and potentially protected under the Second Amendment.
History-Based Test Creates Confusion
Maryland argued its ban is constitutional because it targets exceptionally dangerous weapons. Gun rights advocates countered that AR-15s are popular, showing there’s a history of allowing them.
Since the Supreme Court’s 2022 Bruen decision, lower courts have struggled with applying the “history and tradition” test. Chief Judge Albert Diaz of the 4th U.S. Circuit Court of Appeals described the standard as a “labyrinth” in need of clarity.
Recent Rulings Offer Limited Guidance
In a 2024 decision, the Supreme Court upheld a gun law for domestic violence victims, but provided little clarity on how the test applies to assault weapons bans. Chief Justice John Roberts emphasized that regulations only need a “historical analogue” — not an exact match — to be constitutional.
Maryland and Rhode Island Restrictions
Maryland enacted its ban after the 2012 Sandy Hook shooting, prohibiting dozens of firearms including AK-47s and certain AR-15s. Nine other states and D.C. have similar laws.
Rhode Island’s 2022 ban makes it a felony to possess magazines holding more than 10 rounds. The 1st U.S. Circuit Court of Appeals upheld it, arguing large-capacity magazines aren’t necessary for self-defense.
Gun Control Debate Continues
Gun rights groups warn that if AR-15s can be banned, other firearms could face restrictions too. Courts are still determining how to apply the Supreme Court’s evolving Second Amendment standards, meaning the debate is far from over.
For more updates on the Supreme Court, stay tuned to Que Onda Magazine.