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Statement by Justice Thomas

I think the ban on AR15s in some states is not long for this world. Here is a quote from Justice Thomas' statement today:

"The Seventh Circuit’s decision illustrates why this Court must provide more guidance on which weapons the Second Amendment covers. By contorting what little guidance our precedents provide, the Seventh Circuit concluded that the Second Amendment does not protect “militaristic” weapons. It then tautologically defined “militaristic” weapons as those “that may be reserved for military use.”

The Seventh Circuit’s contrived “non-militaristic” limitation on the Arms protected by the Second Amendment seems unmoored from both text and history. And, even on its own terms, the Seventh Circuit’s application of its definition is nonsensical. (“The AR–15 is a civilian, not military, weapon. No army in the world uses a service rifle that is only semiautomatic”).

In my view, Illinois’ ban is “highly suspect because it broadly prohibits common semiautomatic firearms used for lawful purposes.” It is difficult to see how the Seventh Circuit could have concluded that the most widely owned semiautomatic rifles are not “Arms” protected by the Second Amendment."

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