•  
  •  
 

Abstract

The United States is plagued by an epidemic of gun violence. In particular, mass public shootings, perpetrated by gunmen armed with assault weapons, have risen exponentially since the Supreme Court found that the Second Amendment protected an individual’s right to bear arms in 2008 and 2010. In an attempt to stem the rising tide of bloodshed, states have passed legislation banning assault weapons within their borders. After a horrific shooting at a local Fourth of July parade in 2022, Illinois became the ninth state to enact a such a ban. However, this ban immediately faced challenges under New York State Rifle & Pistol Association v. Bruen, a Supreme Court decision handed down just eleven days before the Illinois parade shooting. In Bruen, the Court established that, if the regulated conduct—in this case, the possession, sale, and manufacture of assault weapons—is protected by the plain language of the Second Amendment, any regulation that encroaches upon that protection must be in line with the nation’s “history and tradition” of weapons regulation.

In the event the Supreme Court takes up the Illinois assault weapons ban for review; this Comment argues that the law is constitutional under the Court’s contemporary interpretation of the Second Amendment. It first argues that assault weapons are not commonly used for lawful self-defense. Self-defense is the pillar upon which the Second Amendment individual right is built; if a weapon is not in common use for that purpose, the Second Amendment’s protection does not reach that weapon. Next, it argues that assault weapons are “dangerous and unusual,” a result of dramatic technological advancement and the impetus of unprecedented social concern. For these reasons, the Court should take a nuanced view when comparing the Illinois ban to regulations of the past. Ultimately, this Comment encourages any court, be it the Supreme Court reviewing the Illinois ban or any other reviewing court considering a challenge to an assault weapons ban, to incorporate these theories when considering Second Amendment challenges moving forward.

First Page

965

Download

Share

COinS