Explore The NRA Universe Of Websites

APPEARS IN News

The Incremental Assault on the Second Amendment Continues in the States

Monday, March 9, 2026

The Incremental Assault on the Second Amendment Continues in the States

State “assault weapons” ban legislation continues to gain traction in various jurisdictions this legislative session. Often during the debates on these bills, there is disingenuous deference to those who followed the law as it previously existed and who are therefore able to retain newly prohibited firearms under a grandfather clause. Yet those can be a ploy, as anti-gun goal posts are always moving, and the work of anti-gun legislators is never done. Whether outright or incremental, a semiautomatic firearms ban has become an essential feature of any jurisdiction governed by anti-gun Democrats. This is a far cry from even a few years ago, when “universal background checks” were promoted as their top agenda item.

One incremental gun control law can only lead to another, more sweeping infringement. This fateful truism could now be playing out in real time in Rhode Island and may be coming to a state near you. Less than a year after the state’s “assault weapons” ban went into effect, the Rhode Island legislature is looking to amend the ban in a way that would render the grandfathering that protected the previously owned firearms useless.

The language originally provided that individuals who lawfully owned these specific firearms before July 1, 2026, were allowed to keep them, albeit with the further sale and transfer of the firearms prohibited. But with the addition of one word and a new deadline, H8073 could make owners who were initially protected into felons. The amendment would flip the prior arrangement on its head, allowing those who lawfully possessed the banned firearms prior to July 1, 2026, to sell or transfer them to an FFL or to an eligible resident of another state by the end of this year. Formerly lawful owners could not, however, thereafter possess them.

Eleven states currently have “assault weapon” bans in place, with various other states like Virginia, New Mexico, and Minnesota actively moving them through the legislatures this session. For now, Virginia is trying to take the supposedly “moderate” approach of a grandfather clause, although versions of the legislation have vacillated on whether they would ban possession of “large capacity” magazines outright. In New Mexico, the issue appears to be dead for the current session. And in Minnesota, Tim Walz is huffing and puffing his way back into the news cycle with his attempt to see his state’s residents deprived of America’s most popular rifles. 

To be clear, however, no well-informed person on either side of the issue makes the mistake of believing that these proposed bans or registration schemes, even if enacted, will be crime control showstoppers. Rifles of any sort are underrepresented in the categories of firearms most often used to commit violent crime in the United States. The entire point of these laws is to attempt to normalize the banning of popular guns and to paint firearm design, not human behavior and all the complex drivers of it, as the primary factor in firearm-related crime.

The “most dangerous” firearm, as judged by its frequency of criminal misuse, is and has long been the handgun, simply because of its portability and concealability. Yet the U.S. Supreme Court has made clear that handgun bans are “off the table” under the Second Amendment, because handguns are also (and largely for the same reasons) overwhelming used by law-abiding Americans to exercise their rights under that provision.

Similar popularity among the law abiding applies to semi-automatic rifles like the AR-15, so any judge faithfully applying the High Court’s precedents must come to the same conclusion about the unconstitutionality of banning them. Unless and until the U.S. Supreme Court intervenes on the issue, however, these dishonest and disingenuous legislative battles will continue.

Yet, unsurprisingly, the same federal circuit courts who previously denied any private right to keep or bear arms existed at all under the Second Amendment have upheld these state-wide bans. For reasons known only to the justices, and over the dissents of some of their colleagues, the Supreme Court has not accepted any of these decisions for review.

We thus await the next pivotal lower court decision in this category, ANJRC v. Platkin, currently before the U.S. Court of Appeals for the Third Circuit and concerning New Jersey’s ban on “assault weapons” and “large capacity” magazines. Of note, the U.S. Department of Justice (DOJ) filed an amicus brief in this NRA-backed challenge supporting our position. DOJ has also sued the District of Columbia directly for its version of this sort of ban, and the District’s own highest court last week invalidated D.C.’s ban on “large capacity” magazines.

Additionally, we await the Supreme Court’s decision on the petition for review in Viramontes v. Cook County, a case from the U.S. Court of Appeals for the Seventh Circuit presenting the question whether the Second and 14th Amendments guarantee the right to possess AR-15 platform and similar semi-automatic rifles.

Last year, while the U.S. Supreme Court declined to review Snope v. Brown upholding Maryland’s “assault weapons” ban, as well as review in Ocean State Tactical v. Rhode Island, upholding Rhode Island’s magazine ban, Justice Brett Kavanaugh indicated the Court will likely address the AR-15 issues in the “next term or two.”  Meanwhile, Justice Clarence Thomas dissented in those cases, expressing his frustration by stating, “I cannot see how AR-15s fall outside the Second Amendment’s protection … I would not wait to decide whether the government can ban the most popular rifle in America”.

We wholeheartedly agree, Justice Thomas, and we also impatiently wait for that sentiment to, at long last, be recognized as the law of the land.

TRENDING NOW
Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Monday, November 9, 2026

Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Prefiling of legislative bills for the 2027 Regular Session of the Texas State Legislature began today. On the first day alone, legislators filed roughly 35 firearm-related bills, with the vast majority aimed are infringing on ...

Trump Administration Loses Two of its Brightest Second Amendment Lights

News  

Monday, November 9, 2026

Trump Administration Loses Two of its Brightest Second Amendment Lights

Along with other difficult tidings, the last couple of weeks brought the unfortunate news that two key figures in the Trump administration’s Second Amendment Renaissance were leaving government service. 

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

News  

Monday, November 9, 2026

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

Back in 2019, David Harsanyi penned an article titled, If You’re Trying To Ban Guns, The Least You Can Do Is Learn The Basics, which focused on complaints of “gunsplaining” by gun control advocates objecting ...

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Friday, November 6, 2026

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Just hours after Election Day, anti-gun lawmakers in Arizona are already signaling plans to pursue gun control in 2027, leaving law-abiding Arizonans to face the harsh reality that a consequential legislative session lies ahead.  

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

Criminals Keep Reoffending, Politicians Keep Talking Gun Control

News  

Monday, November 9, 2026

Criminals Keep Reoffending, Politicians Keep Talking Gun Control

The ballots have barely been counted from the 2026 midterm elections, and national gun control organizations are celebrating political victories while eagerly awaiting the next wave of firearm restrictions. 

Ohio: Suppressor Bill on the Move, Take Action Today!

Tuesday, November 10, 2026

Ohio: Suppressor Bill on the Move, Take Action Today!

Today, the House Public Safety Committee passed SB 214, legislation to remove firearm suppressors from the definition of “dangerous ordnance” in the Ohio Revised Code, and it is now eligible for floor votes in the ...

Grassroots Spotlight: Building Grassroots Momentum in Eastern Pennsylvania

Take Action  

Monday, November 9, 2026

Grassroots Spotlight: Building Grassroots Momentum in Eastern Pennsylvania

Just days after the election, the NRA was hard at work in eastern Pennsylvania at Saints Logistics.

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Tuesday, June 17, 2025

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Last Friday, the U.S. Department of Justice filed an amicus brief in the Seventh Circuit supporting an NRA-backed challenge to Illinois’s prohibition on so-called “assault weapons” and “large-capacity magazines.”

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.