Two national sheriffs organizations are asking the U.S. Supreme Court to overturn Cook County’s ban on AR-15s and similar semiautomatic rifles, arguing that the weapons can be important for self-defense when police cannot arrive quickly enough.
The National Sheriffs’ Association and Western States Sheriffs’ Association filed a legal brief on August 31 supporting the challenge to Cook County’s assault weapons ordinance. The case, Viramontes v. Cook County, has been consolidated with a similar challenge to Connecticut’s statewide ban, and the Supreme Court agreed in June to hear both cases.
The groups, which say they collectively represent thousands of sheriffs nationwide, start their argument with a basic reality of police work: cops cannot be everywhere at once.
“Response times may vary from a few minutes to half an hour depending on manpower and geographical area,” the organizations wrote. “And a violent crime, especially a home invasion, can occur in seconds.”
The sheriffs argue that those seconds matter because a person facing a violent attack may have to defend themselves before police arrive.
The brief also takes aim at what it describes as a common misconception about AR-15s. The organizations argue that the rifles operate much like other semiautomatic rifles: one round is fired each time the trigger is pulled. They also argue that the ammunition used in AR-15s is no more powerful than ammunition used in many other rifles.
Their legal argument rests largely on two previous Supreme Court decisions that protect firearms that are commonly owned and used for lawful purposes. Those rulings require the government to justify restrictions based on the nation’s historical tradition of regulating firearms.
The organizations say AR-15s meet that test because they are widely owned. Citing a 2021 National Firearms Survey by a Georgetown University professor, the brief estimates that about 24 million Americans have owned AR-style rifles, with roughly 44 million such rifles in circulation.
The sheriffs also argue that Cook County’s ban primarily affects people who follow the law rather than people who intend to commit crimes. They contend that criminals are more likely to obtain guns through theft or illegal markets than through lawful purchases.
The brief cites research it says supports the value of armed self-defense, including an estimate of about 1.6 million defensive gun uses annually from the 2021 survey.
For Cook County residents, the case involves an ordinance that has been on the books since 1993. The current ordinance prohibits possession, sale, and transfer of firearms that fall within the county’s definition of an “assault weapon,” including AR-15s and other specifically named rifles. The ordinance also restricts certain large-capacity magazines.
The case reached the Supreme Court after the Seventh Circuit upheld Cook County’s restrictions. The court has not yet set an argument date, and the case remains in the briefing stage. The decision could affect similar firearm restrictions around the country.
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