We always hear that assault weapons are no different functionally from semi-automatic hunting rifles. But there is a difference and that is the large capacity magazine. These magazines are not made to fit hunting rifles,they are for assault rifles.
Assault rifles fitted with large capacity magazines are the functional equivalent of machine guns which the Supreme Court has already ruled may be banned for ownership by civilians.
Finally, there is the mentality that is engendered by the use of such weapons. While the hunter imagines himself bringing down a nice duck or pheasant when sighting down the barrel of his hunting rifle, what is it that the owner of an assault weapon sees in his minds eye?
Bring back the assault weapons ban, it's Constitutional and common sense.
This would indeed be part of an outline of those supporting an AWB in court. And an AWB would indeed be Constitutional until such time as a court ruled otherwise, which would likely be the case.
Rifles account for a very small percentage of overall gun crime and violence. And AR 15s and similar weapons represent an even smaller percentage. Consequently the state can not document that a ban would have the desired effect of reducing gun violence, and absent a compelling governmental interest a court would have no other choice than to invalidate such a ban.
AR 15s and the like also meet the criterion of being ‘weapons in common use,’ since an overwhelming number of Americans own these rifles, their possession would clearly fall under Second Amendment protection.