The debate around what types of “arms” the Second Amendment protects has been revitalized in the wake of Bruen’s renewed focus on our historical tradition as the determinative factor in Second Amendment cases. Thus far, several district courts have upheld state “assault weapon” bans in part by ruling that the Second Amendment applies only to firearms most useful for self-defense, whereas the firearms covered by such bans are more suited to combat. Thus, these courts conclude, firearms that fall under assault weapon ban laws are not protected “arms” under the Second Amendment.
The debate around what types of “arms” the Second Amendment protects has been revitalized in the wake of Bruen’s renewed focus on our historical tradition as the determinative factor in Second Amendment cases. Thus far, several district courts have upheld state “assault weapon” bans in part by ruling that the Second Amendment applies only to firearms most useful for self-defense, whereas the firearms covered by such bans are more suited to combat. Thus, these courts conclude, firearms that fall under assault weapon ban laws are not protected “arms” under the Second Amendment.
