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Supreme Court Steps Into a New Round of Second Amendment Fights

Scott Witner - comments 17 comments
Supreme Court building during major Second Amendment cases

The Supreme Court’s new term has been dominated by high-profile battles over presidential authority. But beneath those headline cases sits another trend that TTAG readers will care about a lot more: the justices are lining up a series of gun-rights fights that could reshape how lower courts handle the Second Amendment after Bruen.

We’re only a few months into the 2025–26 session, and the court has already taken two major gun cases. Several more are waiting in the wings. If the justices keep granting petitions at this pace, this term may become one of the most significant for gun rights since Heller.

The Post-Bruen World: Thousands of Lawsuits and Cracks Between Circuits

Since New York State Rifle & Pistol Association v. Bruen in 2022, every federal court has been forced to abandon “balancing tests” and instead look at text, history, and tradition. That reset opened the door for thousands of challenges against everything from carry permits to drug-user prohibitions.

The result: a patchwork of rulings, conflicting standards, and a growing number of appeals courts saying different things about the exact same laws. The Supreme Court is now being asked to step in and clean up the mess.

If We Win: What Gun Owners Should Expect After NFA Reform

Here are the cases either on the docket or being considered this month.

1. Carrying on Private Property: Does the State Get a Veto?

Case: Wolford v. Lopez

Hawaii passed a post-Bruen law making it a crime to carry a gun onto privately owned property open to the public unless the gun owner first gets explicit permission from the property owner. It’s part of a larger “sensitive places” regime that resembles similar laws passed in New York, New Jersey, and California.

The challengers—and the Trump administration—argue that Hawaii’s rule functions as a near-total ban on public carry. They say there’s no historical tradition that allowed states to force armed citizens to ask for permission before entering a store, gas station, or parking lot.

The Ninth Circuit sided with Hawaii. Critics say that ruling misreads Bruen, which acknowledged that America has no history of broadly banning ordinary public carry.

The Supreme Court will hear arguments on Jan. 20.

2. Gun Ownership and Drug Use: How Far Can Congress Go?

Case: United States v. Hemani

Federal law blocks anyone who is a “user of or addicted to” controlled substances from owning a gun. After Bruen, courts split over what that phrase actually means and whether the restriction has any real historical support.

The Trump administration argues the prohibition fits within a long-standing tradition of keeping guns away from people considered dangerous or impaired. They point to early laws restricting habitual drunkards.

But the appeals courts disagree:

  • 7th Circuit: Government can disarm “presumptively risky” people.
  • 8th Circuit: Not good enough; the government must show the person is actually a threat to others.
  • 5th Circuit: The ban only applies if the person was impaired at the exact time they possessed the gun.

In Hemani, the 5th Circuit dismissed the charge because prosecutors admitted they couldn’t prove the defendant was using drugs when he had the firearm.

The Supreme Court is expected to hear this case in early 2026.

3. Young Adults and Gun Rights: Are 18-to-20-Year-Olds Protected?

On Nov. 14, the justices will review four petitions asking whether states can bar 18-to-20-year-olds from owning or purchasing firearms.

Earlier this year, the court declined to take a Minnesota case that struck down such a law. That left the ruling in place but didn’t resolve the national split.

These new petitions emphasize the unequal landscape: in some states, young adults can legally carry; in others, they’re blocked entirely. The court will announce on Nov. 17 whether it’s taking one or more of these cases.

This could be one of the biggest Second Amendment questions of the term.

4. Nonviolent Felons: Lifetime Bans or Second Chances?

On Nov. 21, the court will examine petitions challenging the federal prohibition on gun possession by anyone convicted of “a crime punishable by more than one year.”

Two petitioners—a man with several low-level convictions and a woman whose disqualifying offense was attempting to pass a bad check—say the lifetime ban is inconsistent with Bruen and America’s early legal history.

Lower courts are split. Some say the ban is permissible across the board. Others say nonviolent offenders remain protected under the Second Amendment unless the government can prove actual dangerousness.

The Department of Justice has asked the court to stay out of at least one case, pointing to a recently revived federal process that allows people to apply for restoration of rights. Critics say that sidesteps the constitutional question.

What’s Next: AR-15 Ownership on Deck?

More petitions are coming. One of them asks the Supreme Court to decide whether the Second Amendment protects ownership of AR-15s and other semiautomatic rifles. That question has been waiting for years, and Bruen made the issue more urgent.

The justices haven’t announced whether they’ll take it. But with the volume of gun-rights cases piling up, it wouldn’t be surprising if this term ends up being defined as much by the Second Amendment as by the fights over executive power.

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Scott Witner

Scott Witner is a former Marine Corps Infantryman with 2nd Battalion, 8th Marines, and served with the 24th MEU(SOC) during a six-month deployment to the Mediterranean. He’s completed specialized training in desert warfare, mountain warfare, and jungle operations across the U.S., South Korea, and Japan. With over a decade in the firearms and outdoor industry, Scott has helped leading brands grow their visibility and reach through strategic marketing and content development. He currently resides in Northeastern Ohio, where he enjoys hiking, shooting, and testing related gear in the environments it’s intended to be used in.

17 thoughts on “Supreme Court Steps Into a New Round of Second Amendment Fights”

  1. Might not much matter what SCOTUS rules, leftist politicians will just pass new laws to do the same thing all over again. Bruen was very clear, but it made no difference to them. What needs to happen is for there to be personal financial penalties for violations of 2A rights. If not, they have nothing to lose, and will rinse and repeat.

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  2. “The court will announce on Nov. 17 whether it’s taking one or more of these cases.”
    Tomorrow will be an interesting day.
    The Hawaiian educational system has either never heard of or they are ignoring WW2.

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  3. For immediately noticeable in the restricted states the vampire rule allowed by y the 9th is the big one to watch. For free states it is more of a what issue matters to you most. I would argue the under 21 to purchase would be the most critical as any delays in adulthood relegate the next generation to retarded children in adult bodies but that is a personal opinion. As to anything regarding AR15, assault weapons, and mag capacity…….well taking slower than I hoped for but much faster than I feared. Started a post SAFE budget for stuff we want (normal AR’s normal magazines, some version of MP5, Wildly 475, whatever is fun that catches our eye) but worst case it ends up adding to the escape from NY fund.

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  4. My protest sign:

    “History Confirms Gun Control is the best pal Racism, Slavery and Genocide ever had.”

    Of course top level Gun Control zealots know that and that is why you never ever hear any zealot boasting about the History of Gun Control…on second thought you never hear Gun talking blowbags, who emerge like cockroaches to libel a firearm solely by its country of origin, never ever Define Gun Control by its History either…to do that requires not having a bigoted bone in your body.

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  5. It would be really cool if the courts (including SCOTUS) would actually READ the damn 2A before they rule on it! What part of “the right of the PEOPLE to keep and bear arms shall not be INFRINGED” do these idiots not understand???? And, anticipating the wave of stupid from any gun-grabbers trolling this board (I’m looking at YOU, MajorSkidmarks!), no, the prefatory clause (look up the definition of ‘prefatory clause’) nor Article I, Section 8 does NOT authorize “universal gun control”, or anything like it.

    It would be nice if Windsock Roberts would remove his head from rectal defilade long enough to support the intelligent, principled members of SCOTUS, and slap these politicians-in-robes down. But as my dear daddy said, “Wish in one hand, and sh*t in the other, and see which one fills up faster”. Roberts wouldn’t recognize a spine or a pair of testicles if they were given to him.

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  6. It’s clear that the court needs to take up more than a couple of 2nd amendment cases per year. Despite clear caselaw from SCOTUS on how 2nd amendment cases should be decided the inferior courts continue to get it willfully wrong. They will continue to violate Supreme court precedent until they get slapped down.

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  7. A Lefty Judge can be on the wrong side of the 2nd Amendment for a life time, ignoring Supreme Court decisions, with no consequences. You try that on your job and see what happens.

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  8. A Lefty Judge can be on the wrong side of the 2nd Amendment for a life time, ignoring Supreme Court decisions, with no consequences. You try that on your job and see what happens.

    Reply

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