Van Sant: ‘Common Use’ Isn’t Defined by the Number of Banned Guns or Magazines Owned, but How Often They’re Used in Self-Defense

Since the Supreme Court upended the standard for determining the constitutionality of gun laws in 2022, defining common use has become hugely important, particularly in cases involving so-called hardware bans, such as prohibitions on AR-15 style rifles and HCMs. Those who oppose such bans argue that common ownership equals common use. Supporters argue that the right measure is the frequency with which a weapon is actually used for self-defense, as the Supreme Court’s Second Amendment jurisprudence is centered on the right of self-defense.

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