Still, Mocsary argued that the plaintiffs have a strong case against the ban, given the popularity of the guns it targets and the Court’s Second Amendment precedents from DC v. Heller through New York State Rifle and Pistol Association v. Bruen.
“The petitioners’ strongest argument is that Heller protects arms in common lawful use, and AR-15-platform rifles are among the most common rifles in the country,” Mocsary told The Reload. “They are owned by at least millions, and likely tens of millions, of people. Public-safety arguments should be taken seriously, but they do not eliminate the need to ask whether the government has historical authority to prohibit ordinary possession of commonly owned semiautomatic rifles. That is doubly the case where the term ‘assault weapon’ was designedly created to ‘confus[e]’ the public about the weapons to which the moniker is attached.”
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