What is the Heller and Bruen decision?
Asked by: Mallie Johnson | Last update: February 6, 2026Score: 4.3/5 (66 votes)
The Heller and Bruen decisions are landmark Supreme Court cases that define the Second Amendment, establishing an individual right to bear arms for self-defense, first in the home (Heller, 2008) and then extending to carrying guns in public for self-defense (Bruen, 2022), requiring gun regulations to be consistent with the nation's historical tradition of firearm regulation. Bruen struck down New York's "proper cause" requirement for public handgun permits, making it harder for states to deny concealed carry licenses to law-abiding citizens.
What does the Bruen decision mean?
The 6-3 Bruen decision, authored by conservative Justice Clarence Thomas, threw out the second half of that two-part test as “one step too many.” The Supreme Court declared that any regulation affecting the right to bear arms must be rooted in the “historical tradition of firearm regulation” in the United States.
What was the Heller decision?
The court ruled in Heller's favor, affirming an individual right to keep handguns in the home for self-defense. “Like most rights, the right secured by the Second Amendment is not unlimited. [It is] not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”
Is Heller still a good law?
The Court then applied that constitutional test or rule of decision to the facts presented by Heller and held that because handguns are “in common use,” handguns cannot be banned. Heller remains good law and provides the binding rule of decision in arms-ban cases.
What does the Supreme Court ruling on ghost guns mean?
The Supreme Court's ruling on ghost guns in Bondi v. VanDerStok (March 2025) upheld the Biden-era ATF rule, meaning kits to build untraceable firearms (ghost guns) must now be regulated like real firearms, requiring serial numbers and background checks from licensed dealers, thus allowing federal agencies to continue controlling these easily assembled, unserialized weapons that have seen a surge in criminal use. The decision, a 7-2 vote, affirmed that weapon parts kits easily convertible into firearms fall under the Gun Control Act of 1968, but left open future challenges to specific applications of the rule.
Why This Law Professor Thinks Bruen and Heller Were Wrongly Decided | Podcast Clip
Who has the strictest gun laws in the US?
California consistently ranks as the state with the strictest gun laws, leading in comprehensive safety regulations like assault weapon bans, universal background checks, and red flag laws, followed closely by states like Illinois, Massachusetts, New York, and New Jersey. These states generally implement strong universal background checks, waiting periods, permits to purchase, and restrictions on certain types of firearms, leading to lower gun death rates compared to less regulated states.
What states are 80% lowers legal?
80% lowers are legal in many states like Arizona, Texas, Louisiana, and New Hampshire, but are restricted or banned in others, including California, Colorado, New Jersey, New York, Illinois, Hawaii, Maryland, Massachusetts, Connecticut, Pennsylvania, Rhode Island, and Washington, with varying rules on serialization, registration, and shipping, often requiring FFL transfers or banning them entirely due to "ghost gun" regulations, making it essential to check specific state laws before purchasing.
Does gun control violate the Second Amendment?
Gun control's constitutionality under the Second Amendment is a complex, ongoing legal debate, but Supreme Court rulings (like District of Columbia v. Heller and McDonald v. City of Chicago) affirm an individual's right to bear arms for self-defense while also acknowledging that this right isn't unlimited and allows for reasonable regulations, leading lower courts to uphold many gun safety laws like background checks, assault weapon bans, and restrictions for dangerous individuals, though some recent rulings challenge broader restrictions.
What is the difference between the Heller decision and the McDonald ruling?
Heller. That decision holds that the Second Amendment protects an individual right to keep and bear arms that does not depend on militia membership. Two years later, the Supreme Court incorporated the right against the states in McDonald v. Chicago.
How does Bruen affect concealed carry laws?
Bruen struck down the century-old proper cause requirement in New York's permit law in 2022, the Supreme Court left in place the rest of New York's permit law and similar laws in all other states requiring a permit to carry.
What is the latest Supreme Court ruling on guns?
The question is how can Americans know which limits are constitutional and which are not. In 2022, the Supreme Court answered that question in a ruling, New York State Rifle & Pistol Association v. Bruen, that struck down several states' limitations on issuing what's called “concealed carry” licenses.
What weapons are not protected by the Second Amendment?
The Second Amendment generally doesn't protect "dangerous and unusual" weapons, particularly those not in common use for lawful purposes, with machine guns being a prime example, while assault weapons and high-capacity magazines are often considered outside protection by some courts, though the scope of "common use" remains debated, with handguns typically considered protected.
How many times has the 2nd Amendment been changed?
Many parts of the American constitution have been amended over the years. The 2nd amendment has not.
What is the most gun-friendly country?
There isn't one single "most gun friendly" country, but the United States has the highest civilian gun ownership and very permissive laws in many states, while Switzerland is known for its strong gun culture tied to militia service and relatively liberal ownership rules for certain firearms after background checks, and countries like Yemen also have extremely non-restrictive laws, though often with different cultural contexts. Other nations with high ownership or liberal access include Canada, Finland, and Serbia, often linked to hunting or defense traditions.
Was Bruen overturned?
In a 6–3 decision issued in June 2022, the Supreme Court ruled that New York's law was unconstitutional and that the ability to bear arms in public was a constitutional right guaranteed by the Second Amendment.
Why is the gun not banned in the US?
The Second Amendment to the U.S. Constitution reads: "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." In 1791, the United States adopted the Second Amendment, and in 1868 adopted the Fourteenth Amendment.
What is the significance of the Heller decision?
Heller, which held for the first time that “law-abiding, responsible Americans” have the right to possess guns in the home – even if they have nothing to do with armies or militias – and they need not possess guns for “the security of a free state,” but are entitled to do so in the home for self-defense.
Are gun permits constitutional?
Under this "individual right theory," the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional.
Who won Heller vs. District of Columbia?
Heller, case in which the U.S. Supreme Court on June 26, 2008, held (5–4) that the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home.
Which Amendment gives the right to overthrow the government?
“From the floor of the House of Representatives to Truth Social, my GOP colleagues routinely assert that the Second Amendment is about 'the ability to maintain an armed rebellion against the government if that becomes necessary,' that it was 'designed purposefully to empower the people to be able to resist the force of ...
Is gun ownership a right or a privilege?
The Second Amendment of the U.S. Constitution guarantees a "right of the people to keep and bear arms." However, the meaning of this clause cannot be understood apart from the purpose, the setting, and the objectives of the draftsmen.
Can the right to bear arms be taken away?
Yes, the right to bear arms can be restricted or lost for certain individuals through laws and court rulings, but a complete federal repeal of the Second Amendment is extremely difficult, requiring a lengthy constitutional amendment process. Restrictions often target felons, the mentally ill, or those with restraining orders, while laws also regulate weapon types and places like schools, but the Supreme Court has affirmed an individual right, even while allowing "presumptively lawful" regulations.
What is the freest gun state?
There isn't one single "freest" gun state, as rankings vary, but New Hampshire, West Virginia, Arkansas, Montana, and South Dakota are consistently ranked among the most gun-friendly due to permissive laws like constitutional/permitless carry, strong self-defense protections (Stand Your Ground), and lack of sales tax on firearms. Other states often cited for lenient laws include Arizona, Wyoming, Alaska, Utah, and Mississippi, though some recent political shifts in states like Arizona have impacted their rankings.
What states are stand your ground in 2025?
Thirty-eight states are stand-your-ground states, all but eight by statutes providing "that there is no duty to retreat from an attacker in any place in which one is lawfully present": Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, ...
What is the hardest state to own a gun in?
Report Highlights:
- Hawaii is the #1 worst state for gun owners due to strict purchasing and carry laws, as well as defying the Supreme Court on the individual's right to carry.
- Massachusetts is the #2 worst state for gun owners due to its permit-to-purchase and reciprocity laws.