If the logical application of the rule of law means anything in this constitutional republic, bans on massively popular semi-automatic firearms will be found unconstitutional.
That might seem a bold claim to Virginia Gov. Abigail Spanberger (D), who, as this is being written, seemed poised to sign a ban on yet another political definition of the term “assault weapon.”
This would make Virginia the 12th state with some such ban on some version of the definition of the politically shape-shifting term “assault weapon.”
Before stepping into the semantic and legal rhetoric of the potential Virginia ban on sales of America’s rifle—and the NRA’s coming legal response—some context is always beneficial.
The Technology
The late, great senior curator for the NRA National Firearms Museum, Phil Schreier, once gave this historical context: “When Congress passed, and then President Bill Clinton (D) signed, the Federal Assault Weapons Ban in 1994, semi-automatic firearms had already been popularly sold to civilians for about a century. To name one, the still highly regarded Model 1911 semi-automatic pistol served as the standard-issue sidearm for the United States Armed Forces from 1911 to 1987, and, at the same time, was and is popular with American citizens for competition and self-defense.”
Indeed, the AR-15 was hardly the first semi-automatic rifle. A lot of very popular semi-automatic rifles were made for American citizens in the first years of the 20th century by Remington Arms, Savage and others. Still, when we think of semi-automatic rifles today, we think of America’s rifle, or AR-type rifles.
So, let’s leap ahead to 1963 when, even as the U.S. military finally ordered tens of thousands of what would be dubbed M16s, Colt had already begun selling semi-automatic AR-15s to U.S. consumers.
At the time, the November 1964 issue of American Rifleman reported: “A semi-automatic model of the Colt AR-15 cal. .223 (5.56 mm.) automatic rifle is now offered by Colt’s. Designated Colt AR-15 Sporter, it is made for semi-automatic use only, its magazine has a removable spacer which limits capacity to 5 rounds, and its bolt carrier assembly has a Parco-Lubrite finish.”
Today, semi-automatic firearms are by far the most popular arms in rifles, pistols, and shotguns.
In Common Use
“In common use” is an important legal term that the U.S. Supreme Court established in Heller (2008). If a firearm, for example, is popularly owned (or in common use) by the American public, it is presumed to be considered to have constitutional protections under the Second Amendment.
AR-style rifles have not just been sold to American citizens for well over a half century, but citizens also own a lot of these rifles.
The National Shooting Sports Foundation (NSSF) uses data from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) detailing manufacturing/export reports, import figures, and production numbers (subtracting exports and accounting for domestic sales) to estimate the number of these rifles that are in the possession of Americans. The NSSF’s most recent estimates indicate that citizens have around 32 million AR-style and similar rifles.
Production and sales of AR-type rifles have been the leading centerfire rifle category for years, even as overall rifle sales softened in 2024-2025. Online marketplaces and reviews, such as Gunbroker, consistently rank AR-15 variants as top sellers.
How can anyone not consider 32 million in common use?
AR-Type Rifle are Rarely Used by Criminals
Statistics compiled by the FBI from police departments around the country consistently show that rifles of all types are used in less than 3% of crimes annually. The FBI’s Uniform Crime Reports does not even try to separate semi-automatic rifles from other types, so we don’t know what portion of less than 3% semi-automatics constitute.
Now, to Virginia
Virginia—again, as this is being written—seemed poised to ban so-called “assault weapons.”
Recent Virginia legislation (like SB749) has proposed to ban what it terms “assault firearm[s].” The prohibition would implicate centerfire rifles capable of accepting a detachable magazine and equipped with one of many common features like a pistol grip, threaded barrel, or collapsible stock, such as the AR-15. The legislation also prohibits ubiquitous standard-capacity magazines capable of accepting more than 15 rounds of ammunition.
Virginia legislators who voted for these gun-control bills are, again, attempting to ban very popular firearms that are commonly owned by Virginians and by citizens across the United States.
“Gun-grabbing politicians are doubling down on their efforts to disarm law-abiding citizens. Our response remains simple: We will see you in court,” said NRA-ILA Executive Director John Commerford when commenting on the gun-control bills in Virginia.
Indeed, the case should be a simple one, as these popular semi-automatic firearms are clearly in common use by millions of citizens for self-defense and sport.
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