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In Common Use

AP Photo/Lisa Marie Pane

Whether I like it or not, the phrase "in common use" is part of the legal lexicon when it comes to determining whether it's protected by the Second Amendment or not. It's been part of Supreme Court decisions and that means it's part of lower court decisions.

And on so-called assault weapons, at least some of the discussion has been about whether they're "in common use." Well, I think we can settle that once and for all.

You see, we have an estimate of just how many modern sporting rifles Americans own, among other firearms, and, well...

NSSF®, the Firearm Industry Trade Association, released the Firearm Production in the United States including the Firearm Import and Export Data 2024 Edition (reporting 2022 data) to its members. The report compiles the most up-to-date information based on data sourced from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF’s) Annual Firearms Manufacturing and Export Reports (AFMER). Key findings for public release showed:

  • The estimated total number of firearms in civilian possession from 1990-2022 is 491.3 million, according to data in reports such as ATF Firearms Commerce in the United States, ATF Annual Firearms Manufacturing and Exportation Reports and Congressional Research Service and including the collective ATF Annual Firearms Manufacturing and Exportation Report (AFMER) reports up to the 2022 edition.
  • Total firearm domestic production reported in the 2022 AFMER was 10,011,200 – a decrease of 20.0 percent from 2021 reported figures.
  • Data indicates that 30,711,000 Modern Sporting Rifles (MSRs) are in circulation since 1990.
  • Modern Sporting Rifle (MSR) production decreased 30.7 percent from 2021 to 2022. This increased the estimated amount of MSRs produced (since 1990) by 9.1 percent from 28.1 million to 30.7 million.
  • In 2022, 16,045,911 total firearms were made available for the U.S. market, which includes firearms that were domestically produced plus those imported, minus exported firearms. Of those, 9,873,136 were handguns, 4,195,192 were rifles and 1,977,583 were shotguns.
  • Firearm and ammunition manufacturing accounted for over 13,400 employees producing over $5.8 billion in goods shipped in 2022.
  • From 1990 to 2022, 270,799,283 firearms have been made available to the U.S. market

Now, here's my initial reaction to this estimate.

But, realistically, let's take them for what they are. This is roughly one modern sporting rifle for every 11 Americans. However, there are only around 262 million of those Americans who are adults, thus could own one of these, and based on those numbers, there's one of these rifles for every 8.5 adults.

Proponents of so-called assault weapons have, at various times, tried to argue that firearms like the AR-15 aren't in common use.

However, when you're looking at 30 million of anything, it's kind of hard to make that argument and not look ridiculous.

No, "in common use" or not shouldn't matter. The right to keep and bear arms doesn't include a clause that only popular firearms are covered. Some things aren't in common use until they are. Other things aren't in common use because gun control makes it virtually impossible to obtain

But it's the standard far too many people in positions of authority use, so it's what we have to live with.

These numbers, however, make it clear that AR-15s are, in fact, in common use. Of course, this is about all modern sporting rifles and not just the AR-15, which is fair. It should cover all of those, though, because no one is just trying to ban the AR-15 but all of the similar models as well, and for our purposes here, even FALs and AKs are "similar" enough for anti-gun lawmakers.

And they're common enough and presumably used for lawful purposes often enough.

Will this stop the ban attempts? Not really. At best, it might stop that line of "reasoning," but I actually expect the usual suspects will outright ignore it and pretend these guns are super rare and only the most extremist extremist would own one.

They like to live in their own little world, after all.

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