Whether so-called “assault weapons” and high-capacity magazines can be banned is one of the most litigated questions in Second Amendment law. The practical reality in 2026 is a state-by-state patchwork, with the Supreme Court so far leaving the issue to the lower courts. Here is where things stand, stated neutrally.
The Second Amendment framework
In New York State Rifle & Pistol Association v. Bruen (2022), the Supreme Court held that gun regulations must be consistent with the nation’s historical tradition of firearm regulation. In United States v. Rahimi (2024), the Court clarified that this history-and-tradition test is not rigid. Lower courts have applied this framework to assault-weapon and magazine bans — and have mostly upheld them so far.
The Supreme Court has declined to step in
Gun-rights advocates repeatedly asked the Supreme Court to strike down these bans, but the Court has declined to hear the key cases — for example, denying review of a challenge to Maryland’s ban on certain semiautomatic rifles in 2025 and passing on magazine-capacity cases. The effect is that the lower-court rulings stand, and the bans that exist remain in force where states have enacted them, at least for now.
The state patchwork
A minority of states — roughly ten — ban or heavily restrict certain semiautomatic rifles often labeled “assault weapons” (examples include California, New York, New Jersey, Connecticut, Maryland, Massachusetts, Illinois, Washington, and a few others).
More states — around fourteen or more — limit magazine capacity, commonly to 10 or 15 rounds.
The large majority of states have no such bans.
Definitions of what counts as a banned firearm, and rules for guns owned before a ban, vary significantly by state.
What this means for gun owners
Because the rules differ so much and can change with new legislation or a future Supreme Court case, check your own state’s current law — including definitions, registration or grandfathering provisions, and what happens if you move between states with different rules. Traveling with a firearm that is legal in one state can violate another state’s law.
This is general legal information, not legal advice, and it takes no position on the underlying debate. Firearm laws vary widely by state and change. Confirm your state’s current law and consult an attorney for a specific situation.
The law behind your rights
The Second Amendment protects an individual right to keep and bear arms, and the Fourteenth Amendment makes that right applicable to the states (McDonald v. City of Chicago, 2010). In New York State Rifle & Pistol Association v. Bruen (2022), the Supreme Court held that firearm regulations must be consistent with the nation's historical tradition of firearm regulation, and United States v. Rahimi (2024) clarified that this history-and-tradition test is not rigid. Lower courts applying this framework have mostly upheld state bans on certain semiautomatic rifles and high-capacity magazines, and the Supreme Court has so far declined to hear challenges to them — for example, denying review of a challenge to Maryland's ban in 2025 — leaving those rulings in place. The result is a state-by-state patchwork: a minority of states restrict these firearms while most do not. Firearm laws vary widely by state and change; always confirm your own state's current law.
These are landmark federal cases that establish the rights described above. How they apply can depend on your state, the federal circuit you are in, and the specific facts of an encounter. This is general legal information, not legal advice.
Frequently asked questions
Are assault weapon bans constitutional?
Lower courts have mostly upheld them under the Bruen (2022) history-and-tradition framework, as refined by Rahimi (2024), and the Supreme Court has so far declined to hear challenges — for example denying review of Maryland’s ban in 2025. So the bans that exist remain in force where enacted.
Which states ban assault weapons or high-capacity magazines?
Roughly ten states restrict certain semiautomatic rifles (such as California, New York, New Jersey, Connecticut, Maryland, Massachusetts, Illinois, and Washington), and around fourteen or more limit magazine capacity. The large majority of states have no such bans.
Did the Supreme Court rule on these bans?
Not on the merits recently. It has repeatedly declined to hear the key cases, leaving lower-court rulings — which have largely upheld the bans — in place. That could change if the Court takes a future case.
What should I check as a gun owner?
Check your state’s current law, including how it defines a banned firearm, any registration or grandfathering rules for guns owned before a ban, and the rules of any state you travel to, since a firearm legal in one state can be illegal in another.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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