In a move that has Second Amendment supporters fuming, the U.S. Supreme Court on Monday refused to review state-level bans on AR-15 rifles and standard-capacity magazines, leaving in place sweeping restrictions on the most popular rifle in America and a key component used by millions of responsible gun owners.
Maryland’s ban on so-called “assault-style” weapons and Rhode Island’s felony-level ban on magazines holding more than ten rounds will remain law — for now. But strong dissent from conservative justices suggests this fight is far from over.
Justice Clarence Thomas didn’t hold back. In a sharp dissent, he blasted the court’s inaction and warned, “I would not wait to decide whether the government can ban the most popular rifle in America. That question is of critical importance to tens of millions of law-abiding AR-15 owners throughout the country.”
Second Amendment on the Brink
Gun rights advocates had hoped the Supreme Court would take the opportunity to enforce its own 2022 Bruen decision, which reaffirmed that any gun restriction must align with America’s “historical tradition” of firearm regulation. The Maryland and Rhode Island laws, they argue, fail that test — badly.
Justice Brett Kavanaugh agreed, writing that bans on commonly used firearms like the AR-15 raise serious constitutional concerns. But he held back from forcing the issue now, suggesting the court might be better prepared to rule once more appeals work through the lower courts.
“It’s frustrating,” said Mark Oliva of the National Shooting Sports Foundation. “These are the exact kinds of infringements that Bruen warned against — bans on commonly owned, widely used firearms. Americans are watching their rights slip away while the courts stall.”
Maryland’s AR-15 Ban Rooted in Emotion, Not Constitution
Maryland passed its so-called assault weapons ban in 2013 after the Sandy Hook tragedy, barring dozens of rifles by name — including many AR-15 models — and others based on cosmetic features. Despite having no bearing on how the guns function, the state declared them “too dangerous” for civilians.
But gun rights advocates say the law is a classic example of legislating by fear.
“AR-15s are the most popular rifle in America for a reason,” said attorney Alan Gottlieb, founder of the Second Amendment Foundation. “They’re reliable, accurate, and widely used for sport shooting, hunting, and home defense. To pretend they’re ‘unusual’ or ‘extremely dangerous’ is political fiction.”
Thomas and other conservative justices point out that popularity is precisely why these bans are unconstitutional. In District of Columbia v. Heller (2008), the Supreme Court ruled that weapons “in common use” by law-abiding Americans are protected under the Second Amendment.
Rhode Island Turns Law-Abiding Gun Owners Into Felons
Rhode Island’s 2022 magazine ban made it a felony to own or possess a magazine that holds more than ten rounds — regardless of when it was purchased. That law has triggered fierce backlash, especially because it turned thousands of legal gun owners into potential criminals overnight.
A group of gun owners and a gun shop sued, arguing the law violates Bruen. But both the trial court and the liberal-leaning 1st Circuit Court of Appeals upheld the ban, calling high-capacity magazines unnecessary except in “Hollywood-style shootouts.”
Second Amendment groups say that’s a gross misunderstanding of the right to self-defense.
“Ask any police officer or military service member — capacity matters when it counts,” said Erich Pratt, senior vice president of Gun Owners of America. “We shouldn’t have to choose between our lives and arbitrary laws written by politicians who wouldn’t know a magazine from a muzzle.”
Court’s Silence Sparks Concern — and Momentum
Although only three justices (Thomas, Alito, and Gorsuch) were ready to take the cases now, the clear interest from Kavanaugh — and possibly others — suggests a major Second Amendment showdown may still be coming.
Justice Amy Coney Barrett and Chief Justice John Roberts stayed silent on this round. But legal experts say the court’s refusal to engage now could be strategic — letting more lower courts weigh in before the justices make a decisive national ruling.
Still, gun rights advocates warn that every day of delay allows states to trample fundamental freedoms.
“These bans criminalize responsible gun ownership under the guise of safety,” said Dan Wos, host of The Loaded Mic. “The AR-15 is not a weapon of war — it’s a tool of liberty. And this court needs to step up before that liberty is lost.”
What Comes Next
More challenges to assault weapon and magazine bans are already making their way through federal courts in California, Illinois, and elsewhere. Sooner or later, the Supreme Court will be forced to answer the question: Can a state outlaw a firearm that millions of Americans already legally own?
Justice Thomas thinks the answer is clear. “The Court should have granted review in these cases. We have never squarely addressed what types of weapons are ‘arms’ protected by the Second Amendment. But we must do so soon.”
Until then, the fight for gun rights is far from over — and the stakes couldn’t be higher.
