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Defending Its AR-15 Ban, Cook County Urges SCOTUS To Ignore the Rifle's Popularity

22 October 2026 at 22:15
a rifle superimposed on an image of the Supreme Court building | Ultraone/Sean Pavone/Dreamstime/Fatima Ruiz

On December 2, the Supreme Court will consider constitutional challenges to "assault weapon" bans in Connecticut and Cook County, Illinois, that cover widely owned rifles, including the AR-15. As the plaintiffs in those consolidated cases see it, such laws plainly violate the Second Amendment because they prohibit arms in common use for lawful purposes. In briefs filed on Wednesday, Connecticut and Cook County urge the justices to reject that test, saying a weapon's popularity is not dispositive. The relevant question, they say, is whether their rifle restrictions fit a historical tradition of banning "unusually dangerous weapons."

Cook County and Connecticut have the burden of showing that their laws are "consistent with this Nation's historical tradition of firearm regulation," the test established by the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen. On the face of it, that is a daunting challenge.

In the 2008 case District of Columbia v. Heller, the Supreme Court said the Second Amendment protects the right to own "bearable arms" that are "in common use" for "lawful purposes like self-defense." That description indisputably encompasses "AR-15 platform and similar semiautomatic rifles," the firearms at issue in these cases. But Heller also recognized "the historical tradition of prohibiting the carrying of 'dangerous and unusual weapons.'" Cook County and Connecticut argue that the rifles they have deemed intolerable fall into that category.

"There is a robust historical tradition of regulating unusually dangerous weapons that
compromise public safety," Cook County says. "Such regulations, which long
predate the founding, have included outright bans and other restrictions on exceptionally dangerous weapons like launcegays, trap guns, Bowie knives, and slung shots."

Cook County argues that its ordinance is "relevantly similar" to those historical restrictions because it targets "exceptionally lethal weapons that are disproportionate to the end of self-defense." AR-15s are "offensive weapons of war designed for maximum lethality and are not customarily used for self-defense," the brief says. "The purpose and operation of the ban is consistent with our Nation's historical tradition and accounts for the exceptional dangerousness of these technologically advanced weapons."

The ban is "an appropriate contemporary restriction implemented by the legislature in response to dramatic technological change and unprecedented societal concern," the brief says. "It is tailored to respond to the particular dangers presented in areas with mass casualty exposure and acute public safety risk."

Connecticut offers a similar argument. One problem with this defense is the premise that "assault weapon" bans focus on "exceptionally lethal weapons." As critics of such laws have been pointing out for decades, the features they target, such as folding stocks, pistol grips, and barrel shrouds, do not affect a rifle's basic operation. With or without them, a rifle fires the same ammunition at the same rate with the same muzzle velocity. And because AR-15s use intermediate-caliber ammunition, they are arguably less lethal than shotguns and many hunting rifles that are not classified as "assault weapons."

Cook County's emphasis on technological developments is also questionable. Constitutional guarantees establish principles that courts routinely apply to technologies that did not exist at the founding. Although the Framers did not have radio, television, or the internet, for example, the First Amendment nevertheless constrains government regulation of those media.

More specifically, Heller rejected the idea that modern weapons are not covered by the Second Amendment by recognizing a constitutional right to own semiautomatic pistols. The Supreme Court said "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding." The Court confirmed that point in the 2016 case Caetano v. Massachusetts, which involved a state ban on stun guns.

Cook County also asserts that AR-15s are not suitable for self-defense, a claim that would be hotly contested by many owners of such rifles, who commonly report using them for that purpose. "Plaintiffs have shown that AR-15s are well-adapted for self-defense," U.S. District Judge Peter Sheridan wrote in 2024, when he reluctantly concluded that New Jersey's AR-15 ban was inconsistent with Heller while expressing his dismay at that result. "Evidence has been presented to the Court that the build of the AR-15 makes it well-suited to self-defense because it is 'light weight, [has] very mild recoil, and [has] good ergonomics'; it is a weapon which is 'well suited to younger shooters, female shooters, and other shooters of smaller stature.'"

Sheridan added that "the AR-15's design features—including the effectiveness of its cartridge for self-defense use and its better continuity of fire when used with available magazines—make the AR-15 a good choice for self-defense." And he noted that "the AR-15 has been used recently in several, relatively high-profile self-defense events in Florida, Illinois, Texas, Pennsylvania, and Oklahoma."

Cook County and Connecticut are also wrong in suggesting that self-defense is the only "lawful purpose" that matters. While Heller emphasized the use of handguns "in defense of hearth and home," it did not say that was the full extent of the Second Amendment right. To the contrary, the phrase "lawful purposes like self-defense" implies that the right extends to other uses, such as hunting, pest control, and target shooting. The decision explicitly mentioned hunting as a "reason Americans valued the ancient right."

The briefs are misleading in another way that may prove decisive. They conflate "dangerous and unusual" with "unusually dangerous," which is not the same thing.

During the 19th century, state legislators restricted (and sometimes banned) weapons such as Bowie knives, spears, sword canes, slungshots, and brass knuckles. But the historical evidence suggests those weapons were not targeted simply because they were "unusually dangerous." Legislators were also concerned about how the weapons were typically used.

Solicitor General D. John Sauer, who filed a brief supporting the challenges to the AR-15 bans, notes that the 19th-century laws targeted weapons associated with "duels, brawls, and other criminal activities." And in reviewing those laws, state courts distinguished between arms favored by criminals and arms commonly used for lawful purposes.

In 1871, for example, the Tennessee Supreme Court held that legislators could ban weapons that were "not usual" but could not ban "the usual arms of the citizen." The top courts of Texas, Arkansas, West Virginia, North Carolina, and Michigan concurred that the right to arms encompassed weapons commonly owned by law-abiding people, including rifles.

AR-15s and similar rifles readily pass that common-use test. In January, the National Shooting Sports Foundation, the gun industry's trade association, reported that Americans own more than 32 million "modern sporting rifles," its preferred term for the models covered by "assault weapon" bans. Survey data suggest that somewhere between 16 million and 25 million Americans have owned AR-15-style rifles. Last year, a unanimous Supreme Court described the AR-15 as "the most popular rifle in the country."

According to Cook County and Connecticut, however, none of that matters. "Once it is established that a regulation pursues a legitimate public safety objective in a permissible manner, raw ownership numbers cannot immunize a firearm from regulation," Cook County says. It argues that opponents of its ordinance have misconstrued the significance of the common-use test and misunderstood how it interacts with Bruen.

"When the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct," the Supreme Court said in Bruen. "To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation's historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation's historical tradition may a court conclude that the individual's conduct falls outside the Second Amendment's 'unqualified command.'"

The common-use question, Cook County argues, figures only in the first Bruen step: "the inquiry whether the weapon at issue is one 'the Second Amendment protects.'" But even if ownership of AR-15s is covered by "the Second Amendment's plain text," it says, that does not resolve the question of whether they can be banned, which depends on the historical analysis required by the second step of the Bruen test.

"This Court's decision in Bruen confirms that the Second Amendment's step-two inquiry does not insulate popularly owned firearms from regulation," the brief says. In
Bruen, it was "undisputed" that "handguns are weapons 'in common use' today for self-defense," including "outside the home." But "instead of being the end of this Court's inquiry, that observation was just the beginning." The decision also included an "extended analysis" of the historical laws that New York cited to justify its "proper cause" requirement for carry permits. "If lawful common use alone were enough to forbid regulation," Cook County argues, "there would have been no need to engage in that careful and prolonged analysis."

The question in Bruen was not whether the Second Amendment precludes "regulation." It was whether New York's specific approach, which required residents to demonstrate a "special need" before they were allowed to exercise the right to bear arms, was consistent with the historical tradition. That is why the Court considered (and rejected) the purported historical analogs that New York offered.

Cook County conflates requirements for carry permits, the issue in Bruen, with an outright ban on ownership, the policy it is defending. Connecticut likewise blurs the distinction between carry restrictions and complete prohibition.

"The Bowie knife was 'widely carried by Americans of all stripes,' including 'upstanding citizens and villains' alike," Connecticut's brief says. "The widespread use of Bowie knives and other weapons for lawful purposes did not prevent dozens of States from restricting those weapons." But those laws generally restricted or banned public carry. They rarely made it illegal to acquire or possess a Bowie knife, which is the approach that Connecticut and Cook County have taken with AR-15s.

That policy is hard to reconcile with Heller. I will quote Sheridan again, since his comments made it clear that he would have preferred to uphold New Jersey's AR-15 ban. Under Heller, he said, "a categorical ban on a class of weapons commonly used for self-defense is unlawful." Given "the Supreme Court's clear direction on this point," he concluded, New Jersey's law "is unconstitutional" as applied to "the Colt AR-15 for use for self-defense in the home."

Last July, the U.S. Court of Appeals for the 3rd Circuit agreed and went further, extending that conclusion to "the full class of semi-automatic rifles" banned in New Jersey. "Together, Heller and Bruen teach that bans or broad prohibitions on possessing or carrying of a class of weapons in common use for lawful purposes fail to find support in our Nation's tradition of firearm regulation," Judge Arianna Freeman, a Joe Biden appointee, wrote in the majority opinion. "That principle resolves our inquiry here."

To beat back the challenges to their laws, Connecticut and Cook County will have to persuade the justices that the 3rd Circuit's understanding of Heller and Bruen is wrong, meaning they are free to ban firearms in common use for lawful purposes. That seems like a tall order, and Cook County's position is especially puzzling. According to its brief, the fact that a weapon is covered by the Second Amendment does not mean Americans have a right to possess it. The more you think about that claim, the less sense it makes.

The post Defending Its AR-15 Ban, Cook County Urges SCOTUS To Ignore the Rifle's Popularity appeared first on Reason Magazine.

Biden-appointed judge blocks voter-fraud probes in battleground states just days before midterms

22 October 2026 at 17:53

A Biden-appointed federal judge in California ruled Wednesday that the Department of Homeland Security must halt certain investigations into suspected illegal voting, citing concerns over voter intimidation.

U.S. District Judge Araceli Martínez-Olguín, the jurist in question, was born in Mexico and nominated to the federal bench by President Joe Biden in 2022. Before becoming a federal judge, Martínez-Olguín spent about six years at the American Civil Liberties Union, a progressive civil rights organization, where she worked on women's and immigrants' rights issues.

The activist groups suing DHS "demonstrate[d] that they are likely to succeed in their claim that Defendants have run afoul of the Voting Rights Act’s prohibition of intimidating voter assistance and mobilization," according to Martínez-Olguín.

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The public’s "interests in safe elections, free from interference or intimidation, far exceed (the government’s) purported interest in combating unlawful voting by non-U.S. citizens," she added.

The Trump administration, meanwhile, maintained that noncitizen voting in federal elections is a crime and that DHS has statutory authority to investigate suspected violations. Martínez-Olguín did not find investigating noncitizen voting as itself unlawful, but instead argued that DHS’ methods likely violate the law as it used unreliable source data and sent armed agents to homes to conduct interviews, which could constitute intimidation.

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Lawyers representing the federal government conceded that some American citizens may have been looked at in connection with DHS’ investigations, but contended that in-person interviews were "expressly designed to resolve the discrepancies."

Noncitizen voting is rare, but cases of illegal voting have been documented. News broke earlier this year, for example, that New Jersey erroneously placed over 6,000 non-citizens on its voter rolls. The Justice Department announced charges against 16 individuals in September, including noncitizens accused of voting illegally in federal elections, and brought additional election-related charges in October.

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Martínez-Olguín’s order blocks DHS from carrying out certain field investigations into suspected illegal voting involving U.S. citizens in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin. Several of those states are led by Democrats who have opposed the Trump administration's immigration enforcement policies, and some face high-profile elections in November.

Cracking down on illegal voting has been a priority for the second Trump administration, though it has yet to produce evidence of widespread noncitizen voting.

The judge delayed enforcement of her order until Friday, giving the Trump administration time to appeal, and set the restrictions to expire on Election Day unless otherwise ordered.

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"DHS is laser focused on identifying, prosecuting, and removing aliens who vote and dilute the votes of U.S. citizens. ONLY Americans should elect American leaders," a spokesperson for the department told Fox News Digital. "We have no plans to question or investigate people we believe to be U.S. citizens."

Obama-appointed judge at center of Trump's anti-weaponization fund case hit with misconduct claim

22 October 2026 at 15:30

FIRST ON FOX: A federal judge appointed by former President Barack Obama is being accused of "misconduct" in a case involving President Donald Trump.

House Judiciary Committee Chairman Jim Jordan, R-Ohio, is demanding an investigation into U.S. Judge Kathleen Williams of the Southern District of Florida after she sanctioned Trump's lawyers over his case against the Internal Revenue Service (IRS).

Jordan wrote to the Judicial Conference of the United States that "there is evidence that Judge Williams abused her judicial authority and violated fundamental tenets of judicial impartiality in connection with an unusual and unsupported order that imposed sanctions after the plaintiffs voluntarily had dismissed the underlying action."

The letter is being co-led by Rep. Darrell Issa, R-Calif., chairman of the panel's subcommittee on courts.

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Trump, his adult sons Eric and Donald Jr., and the Trump Organization filed a lawsuit against the IRS in early 2026 seeking $10 billion in damages after a contractor with the agency leaked the president's tax returns to the press. The contractor, Charles Littlejohn, was sentenced to five years in federal prison.

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Trump, who filed the lawsuit in his personal capacity, had it voluntarily dismissed in May. Shortly after, however, the administration announced a settlement agreement that included $1.776 billion for an "anti-weaponization fund" for victims of "lawfare" by the Biden administration. Trump himself would receive no compensation, but would get a formal apology from the federal government and bar the IRS from ever auditing Trump or his family.

Williams, however, then accused the plaintiffs of purposely manipulating the courts to achieve the settlement and sanctioned two of the president's lawyers in a July order. Her order referred lawyer Alejandro Brito to the Florida Bar for potential disciplinary action and prevented lawyer Daniel Epstein from practicing under her jurisdiction for at least a year.

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Jordan's letter called the timing of Williams' order "suspect" for coming after the case was voluntarily withdrawn.

He also accused Williams of basing the action on an amicus brief submitted by left-wing judicial activist group Democracy Defenders Action. The brief, which the group said was submitted on behalf of 35 former federal judges, called on Williams to reopen the case despite the dismissal by the involved parties and accused both sides of "fraud" over the settlement.

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"Judge Williams issued her July 13 order after the plaintiffs filed a notice of voluntary dismissal of the case, ending the dispute between the parties," Jordan and Issa wrote. "Although Judge Williams invoked the court's inherent authority to impose sanctions, the Committee is not aware of Eleventh Circuit precedent applying inherent sanctions authority after a plaintiff has voluntarily dismissed a case based on briefing by partisan nonparties on an unrelated question the court never decided."

They concluded, "Judge Williams's conduct risks undermining public confidence in the federal courts. Accordingly, we respectfully ask that the Judicial Conference review this matter, including whether it warrants referral to the Judicial Council of the Eleventh Circuit or other appropriate action, and that you inform the Committee of steps taken no later than 5:00 p.m. on November 5, 2026."

CLINTON JUDGE INDEFINITELY BLOCKS TRUMP'S $1.776B ANTI-WEAPONIZATION FUND

Issa told Fox News Digital in his own statement, "The rogue federal judges who make up the Trump Resistance in Robes continue to disappoint but never surprise. Judge Williams hasn't only shown her liberal contempt for President Trump — but crossed a bright ethical line by going after his attorneys."

Trump allies, particularly in Congress, have clashed with federal judges on multiple fronts so far this term. Republicans have accused what they call "activist judges" of weaponizing their courts to block Trump's agenda.

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Democrats, meanwhile, backed up Williams' skepticism of Trump's settlement. The anti-weaponization fund proposal, which has since been blocked by other courts, has received bipartisan pushback.

Woman summoned after entering Limassol court with a knife

22 October 2026 at 10:48

Police on Thursday summoned a woman for questioning after she allegedly attempted to enter the Limassol district court carrying a knife.

Speaking to the Cyprus Mail, the police could not confirm that the woman had been arrested as suggested in other media reports but said that she had been taken to the police headquarters in Limassol to be summoned.

Investigations into the case are ongoing.

Supreme Court orders release of Iranian national held for a year

22 October 2026 at 09:28

The Supreme Court has ordered the release of an Iranian national who was held in custody for 12 months pending deportation, finding that the length of time he had spent in detention was unlawful.

In its decision, the court explained that the man had first arrived in Cyprus in 2000, and that in the years which followed, he submitted “various applications” for residence permits and work permits, while the government initiated procedures to deport him back to his country of origin.

Detention and deportation orders were issued in September last year, but in February this year the man applied for asylum, with a new detention order then being issued.

His application was rejected in May, with the Cypriot authorities stressing that throughout this time, “the detention was regularly reviewed” and “efforts were being made to obtain a travel document from the Iranian embassy to enable his return”.

On this front, the authorities had told the court that the man “did not have a valid travel document and was not cooperating with the authorities for his repatriation”.

However, the court stated that the Cypriot authorities’ position was “general” and “not accompanied by any specific evidence”, before adding that they were formulated “in complete generality and vagueness”.

It stressed that the detention of an individual who has applied for asylum “must last as short as possible” and “must continue only as long as the legitimate grounds for it still exist”.

“Given that the competent authorities’ reports regarding their actions are unclear and indefinite, without it being demonstrated with certainty that they are acting with due diligence and without any prospect of the applicant’s deportation being foreseeable, it is considered that the total time of his detention is unlawful,” it said.

As such, it ordered that the man be immediately released.

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