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Stun Gun Decision Cited in "AW Ban" Injunction

Keith G. Langer May 2, 2023

Massachusetts' contribution to firearms rights case law, the infamous Caetano stun gun case, was cited by the Federal district court in Barnett v. Raoul. The judge issued a preliminary injunction against enforcement of the recently-passed Protect Illinois Communities Act (PICA), which bans "assault weapons" and standard-capacity magazines.

“Next, Judge McGlynn found what is undeniable – that AR-15s are in common use and thus meet the Heller-Bruen test for protected arms: ‘more than 24 million AR-15 style rifles are currently owned nationwide,' and they accounted for ‘nearly half of the rifles produced in 2018, and nearly 20% of all firearms of any type sold in 2020." "Under the Caetano test, even 1% of the 24 million AR-15 style rifles held by citizens is sufficient to result in a finding that such arms are in common use.'"

As Volokh notes, “To make the statistics vivid, consider that sales of AR-15s more than double the sales of Ford F-150 pickup trucks.”