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Questioning the constitutionality of banning commonly owned firearms

Published July 12, 2026 at 8:11 PM UTC

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Critics of the Illinois ban, including the National Shooting Sports Foundation, argue that the Seventh Circuit’s decision ignores the reality of how millions of Americans exercise their Second Amendment rights. By upholding a law that prohibits the sale of the AR-15 and similar rifles, the court is effectively banning a category of firearms that has become the most popular choice for law-abiding citizens seeking tools for self-defense. Opponents contend that the government should not have the power to declare commonly owned firearms as prohibited items.

This perspective highlights the dissent from Chief Judge Michael Brennan, who argued that the Constitution protects firearms that are commonly owned for self-defense. Because the AR-15 is widely owned and used by citizens across the country, critics argue it should be protected under the Second Amendment. They maintain that the court’s reliance on historical analogies to justify the ban is a misapplication of legal standards, as it unfairly burdens the rights of individuals who use these firearms for lawful purposes like home protection or sport shooting.

Furthermore, opponents express concern that this ruling sets a dangerous precedent for government overreach. They argue that if the state can ban one class of commonly owned firearms, it could eventually move to restrict others, leading to a gradual erosion of constitutional protections. By focusing on the actions of a criminal rather than the rights of the general public, critics believe the law unfairly punishes responsible gun owners. They are now looking to the U.S. Supreme Court to provide a definitive ruling that protects the right to own these firearms nationwide.