“They Left Out the Bruen Ruling as Always”: Appeals Court Upholds AR-15 Ban, Rules Second Amendment Does Not Cover Assault Rifles

Gabriel RomanNov 20, 2023

Minute Read

The 7th Circuit Court of Appeals has decided on the legality of AR-15 rifles under the Second Amendment. This decision has reignited discussions around the Second Amendment, gun control laws, and the distinction between civilian and military firearms. Illinois, a state at the heart of the gun control debate, plays a crucial role in this unfolding narrative.

Illinois’ Pioneering Gun Control Legislation

Illinois has taken a proactive stance in the gun control debate. They have enacted laws aimed at limiting firearm access. The state’s legislation targets so-called “assault weapons,” notably including AR-15 rifles, a type of firearm widely favored by Americans. This legislative move places Illinois at the center of a national conversation on gun rights and restrictions.

The Initial Federal Court Stance

Originally, a federal district court intervened against the Illinois assault weapon ban. This initial decision granted an injunction, pausing the state’s stringent legislation against AR-15 rifles. The court’s early stance reflected the complex legal landscape surrounding gun control laws in the U.S.

Reversal by the 7th Circuit Court Panel

However, a panel from the 7th Circuit Court, comprised of three judges, reversed the federal court’s injunction. This decision not only heightened controversy but also added a new layer to the ongoing gun control debate. The panel’s reversal demonstrates the fluctuating judicial interpretations of the Second Amendment.

Composition of the 7th Circuit Court Panel

The panel consisted of judges appointed by Presidents Reagan, Clinton, and Trump. Their varied backgrounds brought a diverse perspective to the ruling. Notably, the Trump appointee sided with the trial court’s decision, while the other judges offered their own interpretation of the Second Amendment.

Rethinking the Second Amendment

The two judges introduced a groundbreaking perspective on the Second Amendment, diverging from traditional viewpoints. Their approach sheds new light on the understanding of gun rights. It could redefine the legal landscape of firearm ownership in America. By offering a fresh interpretation, these judges challenge the established norms.

The Heller Decision

In their decision, the panel drew upon the Supreme Court’s Heller ruling, a pivotal moment in the history of gun rights in the United States. This ruling solidified the individual’s right to possess firearms. It is a key reference point in the ongoing gun control debate. The Heller decision is still very influential in shaping gun legislation and judicial rulings.

Heller’s Balanced Approach to Gun Ownership

While affirming the right to bear arms, the Heller decision also recognizes the necessity of certain limitations. This nuanced understanding is particularly important in the context of the AR-15 debate. It highlights the Supreme Court’s acknowledgment that while gun ownership is a fundamental right, it is not without its boundaries.

Assessing AR-15 Legality Through Heller’s Lens

The Heller decision established the criteria focusing on weapons suitable for non-military use and widely owned by civilians. These are central to the debate on AR-15 rifles. This framework is instrumental in evaluating the AR-15’s compatibility with Second Amendment protections, providing a legal basis for discerning the rifle’s status in American society.

The AR-15 and M16

In distinguishing between the AR-15 and the military-grade M16, the court demonstrated a fundamental difference in their operation. The M16’s fully automatic capabilities contrast with the AR-15’s semi-automatic mechanism. This technical distinction is important in the legal discourse, differentiating civilian use from military applications.

Transforming the AR-15

The possibility of modifying AR-15 rifles with bump stocks to simulate automatic firing raises significant concerns regarding their use and regulation. This aspect of the debate stresses the potential for AR-15s to be altered in ways that challenge their classification. Supporters of this argument claim this will impact AR-15s’ legal standing under current firearm laws.

M16 and AR-15 Comparison

The court observed that despite functional differences, M16s and AR-15s share ammunition types and have similar kinetic energy outputs. This comparison influences the judicial perception of the AR-15. This could align it more closely with military weaponry in the legal context and affect its status under the Second Amendment.

A Weapon of War?

By drawing parallels with the M16, the court panel claims that AR-15 rifles might be considered weapons of war. This perspective challenges the notion that AR-15s fall under the Second Amendment’s protection. As such, this would significantly change the legal debate over these widely owned firearms.

Civilian Guns in Warfare Context

The argument that nearly any civilian firearm could potentially be used in warfare adds a layer of complexity to the discussion. Additionally, some argue that AR-15 ammunition is not exceptionally powerful. This viewpoint questions the panel’s categorization of the AR-15 as a weapon of war, suggesting a need for a better understanding of firearm capabilities and uses.

Hunting Capabilities and Concerns

The debate over AR-15 rifles extends to their suitability for hunting. Critics argue that the limited power of AR-15 ammunition makes them less effective for hunting larger game. They claim this could lead to inhumane outcomes. This argument contributes to the broader discussion on the appropriate use and regulation of these rifles in recreational activities.

The Overlap of Military and Civilian Ammunition

Understanding the differences and similarities between military and civilian ammunition is key in the firearm debate. This section explores how ammunition used by military forces is often also available to civilians, complicating the categorization and regulation of firearms like the AR-15, which utilize such ammunition.

Defiant Stand Against AR-15 Ban

Editorial credit: Heidi Besen / Shutterstock.

In response to the court’s decision, some gun owners expressed a fierce commitment to their Second Amendment rights. One user asserted, “Keep coming after our guns, and you’ll find yourself on the business end of them! From our cold, dead hands was a PROMISE!” Clearly, there are many strong emotions involved in this debate.

Intense Rebuke of the Court’s Decision

Accusations of betrayal and dishonesty were hurled at the court, with critics asserting, “The court is lying traitors. ARMS.. and shall not be infringed.” This strong condemnation reflects a profound belief in the absolute nature of the Second Amendment. Such intense responses illustrate the divisiveness that gun control continues to create.

Overlooking Bruen and Anticipating Appeals

Some observers criticized the court for neglecting the Bruen ruling, with one commentator saying, “They left out the Bruen ruling as always. This will get appealed again and overturned.” This criticism suggests a belief in the inevitability of further legal challenges and potential reversals. It highlights the dynamic and contentious nature of the Second Amendment.

Harsh Critique of the Ruling

The ruling faced severe backlash, with some labeling the proponents as “Constitution-burning fascists who just love to waste taxpayer money on their pet peeves!” There are clearly many high stakes in the current gun control debate. This comment demonstrates the polarized views on governmental actions regarding firearm legislation and constitutional rights.

A Slippery Slope in Gun Legislation

Some voiced concerns over a potential domino effect in gun control. One user asked, “And which guns will next be determined ‘not protected?’” This question reflects a widespread worry among gun rights advocates about the future of firearms under the Second Amendment. There is clear unease over a possible gradual erosion of gun rights.

Concerns Over Future Restrictions

One reaction to the court’s decision highlights a growing concern about the potential for further limitations on gun ownership. One user asked, “Where in the constitution are AR-15s excluded? The left is never satisfied. After they ban ARs, they will come after something else. Some gun owners and Second Amendment advocates fear that the ruling could set a precedent for additional restrictions on other types of firearms, leading to a gradual erosion of gun rights.