Are "Assault Weapon Bans" doomed? Head of Legal for NSSF thinks SCOTUS may act in 3 - 5 years..!

Published on December 11, 2022
Duration: 6:42

Larry Keane, SVP and General Counsel for the NSSF, discusses the potential for the Supreme Court to hear cases regarding bans on Modern Sporting Rifles (MSRs) and magazine capacity within the next 3-5 years. He argues that MSRs are in common use for lawful purposes, citing over 25 million in civilian possession, and that bans would face significant legal challenges based on the Second Amendment, particularly the 'common use' standard established in Heller and emphasized in Bruin. The burden of proof for restricting such arms rests with the government to demonstrate historical tradition.

Quick Summary

Larry Keane, SVP and General Counsel for the NSSF, predicts the Supreme Court may address bans on Modern Sporting Rifles and magazine capacity within 3-5 years. He emphasizes that MSRs are in common use, with over 25 million in civilian hands, making bans legally difficult under Second Amendment protections.

Chapters

  1. 00:00Introduction & Interview Context
  2. 00:11Interview Excerpt with Larry Keane (NSSF)
  3. 00:29Supreme Court & AR-15 Bans Discussion
  4. 01:29SCOTUS Timeline for MSR & Magazine Bans
  5. 01:47Unresolved Issues Post-Bruen
  6. 02:11Heller, Bruen, and Second Amendment Stacking
  7. 02:38AR Bans & 'Common Use' Argument
  8. 02:54Modern Sporting Rifles are Commonly Owned
  9. 03:02Lawful Purposes of MSRs
  10. 03:09Statistics on MSR Possession
  11. 03:17Comparison to Stun Gun Case
  12. 04:00MSRs Rarely Used in Crimes
  13. 04:22MSRs as Commonly Owned Bearable Arms
  14. 04:35Government's Burden of Proof
  15. 05:08Historical Gun Restrictions
  16. 05:11Counter-Argument: 'Commonly Used' vs. 'Commonly Fired'
  17. 05:53'Dangerous and Unusual' Firearms Interpretation
  18. 06:26Conclusion of Segment

Frequently Asked Questions

When might the Supreme Court hear cases about assault weapon bans?

According to Larry Keane, SVP and General Counsel for the NSSF, the Supreme Court may take up cases concerning bans on Modern Sporting Rifles (MSRs) or magazine capacity within the next three to five years. This timeframe is based on the current legal landscape and the potential for such cases to reach the highest court.

What is the legal basis for challenging assault weapon bans?

A primary legal argument against assault weapon bans is the 'common use' standard, which is protected by the Second Amendment. With over 25 million Modern Sporting Rifles in civilian possession, they are considered commonly owned for lawful purposes, making bans legally challenging under Heller and Bruen precedents.

How many AR-15 style rifles are in civilian hands?

Larry Keane of the NSSF estimates that there are over 25 million Modern Sporting Rifles (often referred to as AR-15 style rifles) currently in civilian possession across the United States. This large number is a key factor in legal arguments about their common use.

What is the significance of the Bruen decision for gun rights?

The Supreme Court's Bruen decision in 2022 significantly expanded Second Amendment protections by ruling that the right to carry firearms for self-defense extends beyond the home. This decision, building on Heller, is crucial for challenging modern gun control measures.

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