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Legal Specialists Preview Upcoming SCOTUS Cases On ‘Assault Weapons’ Bans

‘But it would be frankly shocking to me if there were not attempts by these states after … a likely, hopeful victory here for AR-15s to get around by just making it difficult.’

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The U.S. Supreme Court is gearing up to weigh another big Second Amendment issue in its upcoming term — a matter legal specialists say will greatly affect Americans’ constitutional rights.

During a Tuesday Federalist Society forum, Notre Dame Law School Professor Haley Proctor and American Suppressor Association General Counsel Michael Williams offered viewers a sneak preview into what’s at stake in Viramontes v. Cook County and Grant v. Higgins. The pair of consolidated cases — which deal with the legality of laws banning AR-15s and similar semiautomatic firearms — will be heard by the high court in its October 2026 term.

The two panelists began by laying the foundation of the Supreme Court’s existing Second Amendment jurisprudence, which included a discussion of its 2022 NYSRPA v. Bruen decision. In Bruen, the majority (6-3) recognized that Americans have a constitutional right to carry firearms outside the home for purposes of self-defense.

The Bruen ruling established a two-step test lower courts are to use when assessing restrictions on firearm possession. The majority said courts must first assess whether the regulated conduct is covered by the Second Amendment’s plain text, and if so, determine if that regulation is consistent with the nation’s “historical tradition of firearm regulation.”

Turning to Viramontes and Grant, Williams observed how the 2nd and 7th Courts of Appeals effectively failed to properly adopt Bruen‘s two-step framework when considering the challenges to the respective laws.

In Viramontes, Williams noted that the........

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