The Trump administration has repeatedly challenged "assault weapon" bans, arguing that they violate the Second Amendment because they prohibit arms in common use for lawful purposes. In a Supreme Court brief filed last Friday, Solicitor General D. John Sauer fleshes out that argument, explaining the rationale for distinguishing between commonly used arms and "dangerous and unusual" weapons.
That distinction is at the heart of two consolidated cases that the Supreme Court will hear on December 2: Viramontes v. Cook County, which involves that Illinois jurisdiction's "assault weapon" ban, and Grant v. Higgins, which involves a similar Connecticut law. The question presented is whether the Second Amendment protects "the right to possess AR-15 platform and similar semiautomatic rifles," which are covered by both laws. The answer is clearly yes, Sauer says, reiterating the position that the Justice Department's Civil Rights Division has taken in several lawsuits.
