Conference Oct 16
Where it stands
Fifth Circuit petition, set for the Oct 16 conference.
In legal terms
Federal and state law bars certain groups from owning guns, including felons, some drug users and people under protective orders.
The question is how closely each ban must match historical practice, and whether it can apply to everyone in the group automatically or only after someone is shown to be dangerous.
What this means, in plain English
Federal and state law bars certain groups from owning guns, including felons, some drug users and people under protective orders.
The question is how closely each ban must match historical practice, and whether it can apply to everyone in the group automatically or only after someone is shown to be dangerous.
These cases decide who can be legally barred from owning firearms and how closely those bans must fit historical practice.
Timeline
Key terms
- 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.
- 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.
States affected
Related
United States v. Hemani
Challenge to the federal prohibition on firearm possession by unlawful drug users (18 U.S.C. 922(g)(3)). Decided 9-0 for the defendant, opinion by Justice Gorsuch.
Sources: court dockets, the Federal Register, DOJ releases and Congress.gov. Informational only, not legal advice. Items marked Unverified are awaiting review.