The Second Amendment is in the Spotlight at the Supreme Court in 2026

Posted by Spartacus on 12th Jan 2026

The Second Amendment is in the Spotlight at the Supreme Court in 2026

As the Supreme Court prepares for its 2025–26 term, much of the early attention has focused on questions of executive power. High-profile cases involving presidential authority, federal agencies, and executive orders are already on the Court’s docket. Yet as the term unfolds, it is becoming increasingly clear that the Second Amendment may also take center stage.

Over the past few months, the justices have agreed to hear multiple gun-rights cases and are considering several more petitions that could significantly shape Second Amendment jurisprudence. For those tracking constitutional law and firearms policy, this term may prove to be one of the most consequential in years.

The Post-Bruen Landscape

These cases arrive three years after the Supreme Court’s landmark decision in New York State Rifle & Pistol Association v. Bruen. In that ruling, the Court struck down New York’s restrictive public-carry law and established a new standard for evaluating gun regulations. Writing for the majority, Justice Clarence Thomas instructed courts to rely on the Constitution’s text, history, and tradition when assessing whether a firearm regulation is constitutional.

The Bruen decision sparked a wave of litigation across the country, as gun owners and advocacy groups challenged longstanding laws under this new framework. Thousands of lawsuits followed, and several of them have now made their way to the Supreme Court, often revealing deep divisions among federal appeals courts.

Key Second Amendment Cases This Term

So far, the Court has agreed to hear two major Second Amendment cases and may soon take up several more. Together, they raise fundamental questions about who may own firearms and where they may be carried.

Private Property and Public Carry

In Wolford v. Lopez, the Court will review a Hawaii law that makes it illegal for concealed-carry permit holders to bring firearms onto private property open to the public without explicit permission from the owner. Challengers argue that this rule effectively amounts to a near-total ban on public carry and lacks any historical precedent. The Trump administration has sided with the challengers, asserting that the law conflicts with Bruen’s recognition that there is no tradition of broadly prohibiting public carry for self-defense. Oral arguments are scheduled for January.

Gun Ownership and Drug Use

Another case, United States v. Hemani, asks whether a federal law banning firearm possession by individuals who are unlawful users of controlled substances violates the Second Amendment. Lower courts have split on the issue, with different circuits applying varying standards. The Supreme Court’s eventual ruling is expected to bring clarity to this question, which sits at the intersection of public safety concerns and constitutional rights.

Rights of Young Adults

The Court is also considering multiple petitions addressing whether adults aged 18 to 20 may be barred from owning firearms. Although the justices declined to hear a similar case earlier this year, the issue has returned with renewed urgency. Petitioners argue that Second Amendment rights should not depend on geography, warning that young adults currently face a patchwork of rules that vary from state to state.

Nonviolent Felons and Firearm Possession

Finally, the Court may take up cases challenging the federal ban on firearm possession by individuals convicted of nonviolent felonies. Petitioners argue that lifetime firearm prohibitions for nonviolent offenses are inconsistent with the Second Amendment under the Bruen framework. While the Department of Justice has pointed to administrative remedies that allow some felons to regain firearm rights, challengers maintain that the underlying law itself remains unconstitutional.

A Pivotal Term Ahead

Additional petitions are waiting in the wings, including cases questioning whether the Second Amendment protects ownership of AR-15–style rifles and other semiautomatic firearms. Whether the Court chooses to hear those cases remains to be seen.

As the term progresses, the Supreme Court has the opportunity to provide much-needed clarity on a wide range of Second Amendment issues. What is clear already is that the coming year could mark a defining moment in the ongoing debate over the scope and meaning of the right to keep and bear arms.

A Moment of Constitutional Reckoning

The Supreme Court’s growing Second Amendment docket reflects more than a series of legal disputes; it signals a broader national reckoning over the meaning of constitutional rights in modern America. As lower courts struggle to apply the Bruen framework consistently, the justices are increasingly being asked to clarify where the balance lies between public safety and individual liberty.

Whatever the outcomes, these cases will shape not only firearms law but also how constitutional rights are interpreted and protected going forward. For citizens on all sides of the debate, the coming term will be worth watching closely. The Court’s decisions may help determine whether the Second Amendment is treated as a fully protected constitutional right—or one continually reshaped by shifting political and cultural pressures.

For those that are interested. This website tracks the cases that SCOTUS is hearing and is the source of this article. You can access it HERE.