State and local governments that persist in attacking Second Amendment rights frequently target modern sporting rifles (MSRs). These semi-automatic weapons are used for everything from sport shooting and hunting to self-defense.

California, Illinois, and others prohibit these popular weapons despite what advocates believe is their protection by both the Constitution and Supreme Court precedent.

The National Shooting Sports Foundation (NSSF), the weapons industry trade association, just issued a new report reflecting the widespread ownership and use of MSRs.

It also brought state actions against these ubiquitous firearms under scrutiny for violating a clear ruling from the high court. 

The NSSF numbers showed that while total sales are coming off their high-water marks during the COVID-19 era of 2020-21, the U.S. appetite to keep and bear arms remains quite strong.

Organization President and CEO Joe Bartozzi noted this strength. 

“This report reflects what we witnessed in 2022, as background checks for the sale of a firearm at retail were coming off the peaks of 2020 and 2021. American firearm manufacturers adjusted their production schedules and continued to deliver the highest quality firearms for law-abiding Americans,” Bartozzi explained. 

Then, he addressed the ever-popular semi-automatic firearm category.

“The data continues to show,” Bartozzi observed, “that the Modern Sporting Rifle is the most popular centerfire rifle sold in America today with over 30.7 million in circulation and being used for lawful purposes every day.”

The 2024 edition of the Firearm Production in the United States reported 2022 data.

It is therefore undeniable that MSRs are very common in the U.S.

Why is this distinction so important to make?

In 2008’s landmark District of Columbia v. Heller ruling, the Supreme Court determined that Second Amendment protections are afforded to weapons “in common use at the time” for protected purposes such as self-defense.

Further, the majority concluded that the Bill of Rights safeguards arms “typically possessed by law-abiding citizens for lawful purposes.”

The high court’s opinion in Heller was penned by the late Justice Antonin Scalia, who referenced 1939’s ruling in U.S. v. Miller.

The case centered around a short-barreled shotgun that was required to be registered under the National Firearms Act (NFA) of 1934.

Miller’s language described weapons that are “part of the ordinary military equipment.” Scalia wrote that historically, militia members “were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.”

Common use.

Heller reasoned that the Second Amendment does not protect firearms “not typically possessed by law-abiding citizens for lawful purposes.” 

Even before Heller, Justice Clarence Thomas noted in Staples v. U.S. that there is “a long tradition of widespread lawful gun ownership by private individuals in this country.”

Furthermore, the fact that a product such as a weapon or automobile may be used for dangerous purposes does not qualify for prohibition due to being so common.

Thomas wrote that these items are “so commonplace and generally available that we would not consider them to alert individuals to the likelihood of strict regulation.”

Doesn’t that sound exactly like the defense for the modern sporting rifle? With over 30 million in circulation, no valid argument exists that these firearms are not “common.” 

It is increasingly clear that these restrictions on MSRs by anti-Second Amendment states are begging to be reviewed by the Supreme Court and weighed against its clear precedents. 

The organization’s report had more news of interest for firearm enthusiasts. 

Displaying the overall strength of the firearms industry was the NSSF revelation that December marked the 65th consecutive month of having over one million background checks conducted for retail firearm sales.

Anti-gunners have their work cut out for them.

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