The meaning and scope of the Second Amendment have long been one of the most hotly contested constitutional issues in the United States. In 2008, the U.S. Supreme Court ruled that the amendment protects the rights of individuals to have and use guns for legal purposes.
In 2022, the Court extended this view, holding in New York State Rifle & Pistol Association v. Bruen that the Second Amendment protects a right to carry a handgun outside of one’s home or business. But the Court has also said that the Second Amendment right isn’t unlimited.
This article will provide some background on how U.S. courts have interpreted the Second Amendment, and then discuss how the Bruen decision is affecting gun control laws that restrict where guns can be carried, the capacity of ammunition magazines, and certain kinds of firearms.
Gun Rights Are Individual Rights
The long-running argument over the Second Amendment largely stems from its language, especially at the beginning: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” (A militia is a military force made up of civilians that the government can call up in an emergency.) For decades, many scholars and courts interpreted the amendment as only preserving states’ authority to keep militias, which would mean that the right to have firearms was linked to militia service.
But in District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court reached a broader interpretation, finding that the Second Amendment gave individuals a right to have guns—unconnected to any militia service—and to use them for traditionally legal purposes like self-defense. The Court said that the District of Columbia’s law was unconstitutional because it essentially banned all handguns—the most popular type of gun Americans choose for “the core lawful purpose of self-defense.” The Court also said that, by requiring people to keep all firearms trigger-locked or disassembled, even in the home, the law kept people from using their guns to defend their families and property.
In New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), the Court built on its opinion in Heller, holding that this right to self-defense must include the right to carry a gun in public, not just a right to keep a gun in your home or business. The Court said that New York’s law was unconstitutional because it required people seeking concealed carry permits to show “proper cause” for why they needed a weapon for self-defense. The majority opinion said that, because there is a Second Amendment right to carry a gun for self-defense, it was unconstitutional to make permit applicants prove that they had a particularly good reason for needing to defend themselves.
When Is Gun Control Constitutional?
The Supreme Court’s ruling in Bruen created a new test for deciding which gun control laws are constitutional. Justice Clarence Thomas wrote that courts shouldn’t consider whether a gun control law “promotes an important interest” and must instead overturn laws that are not “consistent with this Nation’s historical tradition of firearm regulation.” This means that federal Courts of Appeal can no longer use the test they developed after the Heller decision. That test was more deferential to state and local governments—between the Heller and Bruen decisions, courts upheld a “significant majority” of state and local gun regulations.
Some of the justices who endorsed the Bruen approach downplayed its significance. Justice Brett Kavanaugh (joined by Chief Justice John Roberts) wrote a separate opinion arguing that the opinion would have a limited impact because “the Second Amendment allows a ‘variety’ of gun regulations.” As SCOTUSblog (a law blog that covers the Supreme Court) pointed out in its analysis, Kavanaugh endorsed a passage from Heller, stating that there was no reason to question “longstanding prohibitions on the possession of firearms by felons and the mentally ill, . . . the carrying of firearms in sensitive places . . . , or laws imposing conditions and qualifications on the commercial sale of arms.”
But courts across the country are reconsidering what kinds of gun restrictions pass muster under the Bruen test.
Can I Carry a Gun in Public?
States and local governments can require people to have a permit to carry a gun in public. But, after Bruen, the decision to issue a permit has to be based on objective standards, like passing a background check and completing firearms training. States can’t ask applicants to show that they have particularly good reasons for needing to carry a weapon.
States and municipalities can also prohibit people from carrying guns in “sensitive places.” But, after the Bruen decision, it’s not yet clear what types of locations fit that definition. Justice Thomas said in Bruen that schools, polling places, and government buildings qualify because there is a tradition of prohibiting firearms in those locations.
But some states are applying the term more broadly, leading to lawsuits over whether their rules are consistent with Justice Thomas’ opinion. New York State, for example, passed a gun control law after Bruen that used the “sensitive place” designation to ban concealed firearms in public places including Times Square, the subway system, and commuter trains.
New York's law has been the subject of multiple federal lawsuits, but so far has not been overturned. Most recently, the Second Circuit Court of Appeals upheld the restrictions on where guns could be carried in public. That court noted that there is a historical tradition in England and the United States of regulating guns in "public forums and quintessentially crowded places."
Laws like New York's will continue to require courts to make make case-by-case decisions about whether states are applying the "sensitive place" designation too broadly. For example, a New Jersey law barring concealed firearms in locations including libraries, schools, and restaurants is being challenged in federal court.
Can Certain Guns and Magazines Be Banned?
A variety of state and federal laws limit the kinds of weapons you can own. Several states also place limits on the capacity of ammunition magazines. For example, California bans magazines that hold more than ten rounds.
Federal Law Prohibits the Possession of Fully Automatic Weapons
It is illegal under federal law for civilians to have fully automatic weapons (referred to as machine guns in 18 U.S.C. § 922o(1)). An automatic weapon can fire multiple shots with one pull of the trigger. This distinguishes them from semiautomatic weapons, which require a trigger pull to fire each shot.
The federal ban on automatic weapons has faced challenges in the wake of the Bruen decision but, so far, remains in effect.
In July, 2025, a federal court of appeals ruled that the law was constitutional. The Sixth Circuit relied on the Supreme Court's Heller decision, which stated that weapons are only covered by the Second Amendment if they're typically possessed by law-abiding citizens for lawful purposes. The Sixth Circuit pointed out that there's no history in the United States of civilians possessing fully automatic weapons, and therefore upheld the federal ban on those weapons.
In September, 2025, the Tenth Circuit Court of Appeals also upheld the law. That court noted that the Bruen decision applies to weapons that are currently "in common use" for self-defense in the United States, and that machine guns aren't commonly used for self-defense by private citizens. The court therefore concluded that the new Bruen rule can't be used to overturn laws regulating machine guns.
It remains to be seen if other federal appeals courts, or the Supreme Court, will eventually reach a different conclusion. For now, the ban is still being enforced nationwide.
Bans on Specific Weapons and High-Capacity Magazines
A federal law that banned assault weapons (semiautomatic firearms with certain features) expired in 2004, and so far attempts to renew it have failed.
Many states have their own laws banning assault-style weapons and high-capacity magazines. Because of the Bruen decision, these laws have faced new legal challenges. But, so far, the Supreme Court has not taken the opportunity to weigh in. For example:
- Federal courts in Illinois are considering whether the state's ban on assault-style rifles and high-capacity magazines violates the Second Amendment. The law is still being enforced as these cases proceed, and in 2024 the Supreme Court declined to speed up the process by hearing an appeal.
- In January, 2025, the Supreme Court allowed Delaware's assault weapons ban to remain in effect, declining to review a lower court decision upholding the law.
- In June, 2025, the Supreme Court also allowed Maryland's assault weapons ban to continue. The Fourth Circuit Court of Appeals had upheld the state's ban, and the Court decided not to review that decision.
Until the Court makes a rule for the whole country, the status of these weapons will depend on the state you live in, and how lower courts have ruled on your state's laws.
Bans on "Bump Stocks"
While the Supreme Court hasn't yet made a ruling on assault-weapon bans, it has invalidated a federal ban on so-called "bump stock" devices. These devices attach to semiautomatic weapons to produce automatic firing with one pull of the trigger. In 2018 the federal government began treating bump stocks the same way it treats machine guns.
But in June 2024 the Supreme Court overturned that regulation, ruling that the law banning machine guns could not be applied to bump stocks. The ruling leaves open the possibility that Congress could pass a law specifically outlawing bump stocks.
Who Can Be Barred From Possessing a Gun?
The Supreme Court said in Heller and Bruen that restrictions based on mental health and past criminal behavior are common and tend to be upheld by courts. But the Bruen decision has sparked challenges to some state and federal restrictions on who can possess firearms.
Federal Laws
Federal law outlaws the possession of firearms or ammunition by several categories of people, including:
- convicted felons
- anyone who’s been convicted of a misdemeanor for domestic violence or is under a domestic violence restraining order
- people who’ve been committed to a psychiatric institution or labeled mentally ill under a court ruling
- undocumented immigrants and those in the country under nonimmigrant visas
- illegal drug users, and
- former military members who had a dishonorable discharge.
(18 U.S.C. § 922(g).)
Domestic violence restraining orders. In 2022, a new federal law took effect that, among other things, closed the so-called “boyfriend loophole” by expanding the existing domestic violence restrictions to cover dating relationships. The new law also expands background checks for people between the ages of 18 and 21 who want to buy a gun. Those checks will now include juvenile criminal and mental health records.
In June 2024, the Supreme Court voted 8-1 to uphold the federal law barring gun possession by anyone under a domestic violence restraining order. Justice Thomas (who wrote the Bruen opinion) was the only justice who argued that the law was unconstitutional under the Bruen test. The majority opinion, written by Chief Justice Roberts, may be a sign that the Court intends to be cautious about using the Bruen test to invalidate local, state, and federal gun regulations.
Convicted felons. Lower courts have reached different conclusions about when convicted felons can be prohibited from possessing guns.
Two circuit courts have cast doubt on the constitutionality of barring gun possession by non-violent felons:
- In 2024, the Third Circuit Court of Appeals relied on Bruen to rule that a law barring gun possession by felons could not be applied to a man who'd been convicted of a nonviolent crime.
- Also in 2024, the Sixth Circuit upheld a law prohibiting gun possession by felons. But it also created a rule that only "dangerous" felons could be permanently barred from possessing guns. Individual felons, the court said, had a right to argue that they weren't dangerous and should have their gun rights restored.
- the Fifth Circuit in 2024
- the Eighth Circuit in 2025
- the Ninth Circuit in 2025
- the Tenth Circuit in 2025, and
- the Eleventh Circuit in 2024.
The Fourth Circuit also upheld the law in 2024, but didn't decide if it could be applied to non-violent felons—it simply noted that the law could be constitutional in certain cases. This sort of circuit split (where different courts of appeals have reached different conclusions about the same issue) is often resolved by the Supreme Court. However, in March, 2026, the Supreme Court refused to hear the Tenth Circuit case addressing the question. issue. So, for now, different parts of the country will continue to follow different rules about when federal law bars felons from possessing firearms.
People who use or possess illegal drugs. Federal law bars gun possession by anyone "who is an unlawful user of or addicted to any controlled substance.” Importantly, this law applies to drug users and addicts at all times—not just when they're under the influence. Federal courts have reached different conclusions about the validity of this ban.
In August, 2025, the Tenth Circuit Court of Appeals ruled that the government might be able to bar drug users from possessing guns, but also concluded that the government must show that "non-intoxicated marijuana users" pose a risk of future violence. The case was sent the case back to the trial court so additional evidence could be presented by both sides. On the other hand, the Fifth Circuit has ruled that the law is unconstitutional. One of those Fifth Circuit cases has been appealed to the Supreme Court, which can use the case to resolve the disagreement among lower courts.
Adults under age 21. In addition to addressing gun possession by felons and illegal drug users, federal courts have also considered the federal law that bars handgun sales to people between 18 and 20 years old. In January, 2025, the Fifth Circuit ruled that the law was unconstitutional. On the other hand, the Fourth Circuit has upheld the law, rejecting a lawsuit filed by residents of Virginia and West Virginia.
As we'll discuss below, federal courts have also heard cases challenging state laws that place age limits on firearm ownership and possession.
State Laws
Many states prohibit or restrict gun possession by specific groups of people, including minors, juvenile offenders, and those convicted of alcohol- and/or drug-related crimes. Protective orders and restraining orders issued by state courts may also bar the person named in the order from possessing firearms (these state-level rules weren't affected by the Fifth Circuit's decision about the similar federal law). Several states also allow courts to order some people to give up their guns temporarily if they pose an immediate risk to themselves or others (under so-called "red flag laws").
In the wake of the Bruen decision, the future of some of these state-level restrictions is uncertain. In particular, there have been several challenges to state laws restricting gun purchases and gun possession by young adults. These lawsuits have resulted in contradictory rulings that will probably have to be resolved by the Supreme Court. For example:
- In January, 2025, the Third Circuit overturned a Pennsylvania law barring 18-to-20-year-olds from carrying weapons in public during a state of emergency.
- In 2024, the Eighth Circuit overturned a Minnesota law that barred people under the age of 21 from receiving permits to carry handguns in public. In April, 2025, the Supreme Court decided not to hear an appeal in that case, meaning Minnesota's law has been permanently invalidated.
- In March, 2025, the Eleventh Circuit upheld a Florida law that bars the sale of handguns to 18-to-20-year-olds. (The law does not bar 18-to-20-year-olds from possessing or owning rifles.)
- In November, 2024, the Tenth Circuit ruled that it was probably constitutional for Colorado to bar the sale of guns to people under the age of 21. In June, 2025, a federal judge relied on this decision to dismiss the lawsuit challenging the Colorado law.
What Are the Rules for Buying and Selling Guns?
In addition to the rules covering specific weapons, state and federal laws impose more general requirements on people who want to buy and sell guns.
Requirements for Gun Dealers
Licensed gun dealers have to meet several requirements under federal law, including performing background checks, keeping records of sales, and reporting multiple sales of handguns to the same person. (18 U.S.C. § 923.) But those requirements don’t apply to private sellers, including those at gun shows. Some states have stronger laws, and a few require licensing for the sale of all guns.
Regulation of "ghost guns"
The government has begun regulating so-called "ghost guns." These are homemade weapons that people can create using 3D printers, or assemble with kits they buy online. Because these weapons can be more difficult to trace than traditional firearms, they have become a popular choice for criminals.
In response, the federal government and many state and local governments have begun regulating these weapons. For example, federal regulations now require background checks and age verification for the online sale of gun kits and require these weapons to have serial numbers. In March 2025, the Supreme Court ruled that these regulations (which attempt to treat home-assembly gun kits the same as traditional firearms) did not violate the Second Amendment.
Limits on the Number of Guns You Can Buy
Several states place limits on how many guns you can buy in a month:
- In Connecticut, you cannot purchase more than three handguns in a 30-day period (this limit is increased to six for licensed firearms instructors). (Conn. Gen. Stat. § 29-33(f) (2025).)
- In Maryland, you cannot purchase more than one "regulated firearm" (meaning a handgun or assault-style rifle) in a 30-day period. (Md. Code Ann., Pub. Safety §§ 5-128(b) (2025).)
- With limited exceptions, New Jersey only allows you to purchase one handgun in a 30-day period. (N.J. Stat. Ann. § 2C:58-3(i) (2025).)
- With limited exceptions, Virginia only allows you to purchase one handgun in a 30-day period. Va. Code Ann. § 308.2:2(R) (2025).)
However, these laws are facing challenges because of the Supreme Court's Bruen decision. In June, 2025, California's law limiting firearms purchases to one-per-month (Cal. Penal Code § 27535 (2025)) was ruled unconstitutional by the Ninth Circuit Court of Appeals.
Should You Talk to a Lawyer?
If you believe that a local law or regulation infringes on your Second Amendment rights as a gun owner, or you're unsure how a regulation or law applies to a gun you own or might purchase, you might want to speak with a local attorney with expertise in firearms laws. And if you’ve been charged with a crime related to owning, carrying, or using a gun, you should consult with a criminal defense lawyer. An attorney who’s experienced in this area can explain how the relevant laws apply in your situation, and whether you might have any defenses to the charge.