The three rulings that matter
- Heller (2008)
- The Supreme Court case that held the Second Amendment protects an individual right to keep a firearm for self-defense, and struck down D.C.'s handgun ban. It also said the right covers arms "in common use" for lawful purposes.
- Bruen (2022)
- The Supreme Court case that struck down New York's rule requiring a special reason to get a carry permit. It set the test courts use today: if the Second Amendment's text covers what you did, the government must show its law fits the country's historical tradition of firearm regulation.
- Rahimi (2024)
- The Supreme Court case that upheld the federal ban on gun possession by people under a domestic-violence restraining order, 8-1. It said a modern law does not need a "historical twin," only to fit the principles of historical regulation.
The test, in plain English
1. Does the Second Amendment cover what you were doing? Carrying a handgun, owning a rifle and buying a magazine are the sort of conduct the text covers. If not, the law is fine.
2. If it does, can the government show the law fits our history? The government has to point to older laws that are a fair match for the modern one in why they were passed and how much they burden the right. A close match is not required, but a loose one is not enough either.
3. Cost and benefit does not count. Before Bruen, courts weighed a law's public-safety benefit against its burden. The Court threw that out. A law that seems sensible can still fail if history does not support it.
How a case reaches the Supreme Court
Terms you will see on this site
- Certiorari ("cert")
- The Supreme Court chooses most of its cases. A losing party files a petition asking it to take the case. Four of the nine justices must vote to grant it. Most petitions are denied, and a denial is not a ruling on the merits.
- Conference
- The private meeting where the justices vote on which petitions to take. Orders usually come out the next business day, or the following Monday.
- Relist
- When the Court puts a petition back on the next conference instead of deciding it. It often means someone is weighing a dissent or a longer written opinion.
- Hold
- The Court sets a petition aside until it decides a related case, then acts on it in light of that ruling.
- Circuit
- The U.S. has 13 federal appeals courts. Twelve are regional (the 1st through 11th Circuits and the D.C. Circuit) and cover specific states. Their rulings bind the states in their region.
- Circuit split
- When two appeals courts reach opposite answers on the same legal question. A split is one of the strongest reasons for the Supreme Court to step in.
- En banc
- When all (or a large group of) the judges of an appeals court rehear a case, instead of the usual three-judge panel.
- Facial vs. as-applied
- A facial challenge says a law is unconstitutional in every case. An as-applied challenge says it is unconstitutional only for this person in these facts.
- Preliminary injunction
- A temporary court order that blocks a law while the case is decided, issued when challengers are likely to win.
- "Common use"
- A Heller idea: arms commonly owned by law-abiding people for lawful purposes are protected. Challengers to rifle and magazine bans lean on it. Governments argue the real test is history, not popularity.
Ready to see the cases? Start with the Supreme Court docket or find your state. This guide is general information, not legal advice.
Sources: court dockets, the Federal Register, DOJ releases and Congress.gov. Informational only, not legal advice. Items marked Unverified are awaiting review.