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Everytown Attorney Lays Out Argument in Defense of ‘Assault Weapon’ Bans

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Everytown’s latest legal pitch for “assault weapon” bans is less a fresh constitutional argument than a re-packaging of the same interest-balancing test the Supreme Court rejected in Bruen. By urging lower courts to treat the AR-15’s popularity as evidence of its dangerousness rather than its protected status, the group is essentially asking judges to ignore the nation’s tradition of protecting common arms and instead weigh modern policy preferences against the text of the Second Amendment. That move is telling: it concedes that history offers no support for banning the most widely owned rifle in America and instead bets that enough judges will still sneak interest-balancing in through the back door.

For the 2A community the stakes are straightforward. If Everytown’s framing prevails, millions of lawfully owned rifles become presumptively illegal the moment a legislature slaps a new label on them, turning the right to keep and bear arms into a privilege that exists only until the next election cycle. The upcoming Supreme Court cases will test whether the Court meant what it said in Bruen—that text, history, and tradition control—or whether lower courts can continue to green-light bans by re-labeling popular firearms as unusually dangerous. Either outcome will shape not just rifle ownership but the broader question of whether the Second Amendment remains a judicially enforceable limit on government power or merely a suggestion legislatures may override whenever public-safety rhetoric is loud enough.

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