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The ‘weapon of war’ argument has backfired on AR-15 bans

by Matthew P. Cavedon, opinion contributor - 10/27/26 12:30 PM ET

by Matthew P. Cavedon, opinion contributor - 10/27/26 12:30 PM ET

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The Supreme Court will soon hear arguments in December in Viramontes v. Cook County, a challenge to state and local bans on AR-15 semiautomatic rifles. The challengers say the rifles are “in common use” for lawful purposes such as self-defense. The state governments defending their gun-bans say they are weapons better suited to war than to civilian life.

Neither side recognizes that the Second Amendment’s reference to the “militia” counts in favor of protecting AR-15s either way.

The challengers emphasize self-defense, an individually focused concern, while the governments argue that AR-15s’ military character is a reason to ban them. But AR-15s are the sort of small arms historically suited for a militia.…