The Second Amendment after Bruen
Rule ChangesHow the Supreme Court's 2022 history test is remaking gun law across America
June 18th, 2026: Supreme Court Rules 9-0 in Hemani, Limiting Drug-User Gun BanNew here? Follow stories to track developments over time. Create a free account to get updates when stories you care about change.
Overview
Updated Jun 26The Supreme Court issued two Second Amendment rulings in June 2026, both expanding gun rights. On June 25, Wolford v. Lopez struck down Hawaii's rule barring licensed gun carriers from entering businesses without advance property-owner permission—a decision that also applies to similar laws in California, New York, Maryland, and New Jersey.
A week before Wolford, all nine justices ruled in U.S. v. Hemani that prosecuting a casual marijuana user for gun possession violates the Second Amendment. The government failed to show a historical tradition of disarming people based solely on drug use; the federal ban stands, but prosecutors must now demonstrate a closer link to dangerous behavior. In California, the full Ninth Circuit heard arguments on the open-carry ban (Baird v. Bonta) on June 3 and on the ammunition background check law (Rhode v. Bonta) on March 25, with both decisions pending.
Why it matters
Every gun law in America now lives or dies on a history test, and the Supreme Court just decided two more chapters.
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People Involved
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Colorado-based conservative nonprofit that litigates gun rights, property rights, and environmental regulation cases.
The nation's highest court, which fundamentally reshaped Second Amendment law in 2022.
The nation's largest circuit court, covering California and eight other states.
Timeline
July 1967 June 2026
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Supreme Court Rules 9-0 in Hemani, Limiting Drug-User Gun Ban
Latest Supreme CourtJustice Gorsuch wrote for a unanimous Court that prosecuting Ali Hemani, a regular marijuana user, for gun possession violated the Second Amendment. The government could not show a historical tradition of disarming people based solely on drug use; the federal ban remains in place, but prosecutors must now tie the restriction to dangerousness.
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Ninth Circuit En Banc Hears Baird v. Bonta
LegalThe full Ninth Circuit heard argument on California's urban open-carry ban. California argued it can criminalize open carry as long as concealed carry remains available; gun rights advocates argued both carry methods are independently protected under the Second Amendment.
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Ninth Circuit Vacates Baird Panel Opinion, Orders En Banc Review
LegalThe full Ninth Circuit vacated the January 2 panel decision that struck down California's open-carry ban and ordered the case reheard by the full court.
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Ninth Circuit En Banc Hears Rhode v. Bonta
LegalThe full Ninth Circuit heard argument on California's requirement that gun owners pass a background check before each ammunition purchase. The DOJ and 26 states filed briefs supporting the challengers.
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Supreme Court Hears Hemani
Supreme CourtOral arguments on whether drug users can possess firearms. Challenges federal prohibition for unlawful substance users.
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Supreme Court Hears Wolford
Supreme CourtOral arguments on Hawaii's sensitive places law. Tests how broadly states can ban guns from public locations.
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Bonta Issues Statement on Open Carry
Public StatementAttorney General called open carry dangerous, saying it 'terrorizes children' and 'instills fear throughout our communities' in statement supporting en banc petition.
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California Files En Banc Petition
LegalAttorney General Bonta petitioned full Ninth Circuit to vacate panel decision and grant en banc rehearing. Mandate stayed pending decision.
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DOJ Backs Gun Owners in Ammunition Case
LegalJustice Department's Civil Rights Division filed en banc brief supporting gun owners challenging California's ammunition background check system in Rhode v. Bonta.
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Ninth Circuit Strikes Down Urban Open-Carry Ban
Court DecisionVanDyke wrote majority opinion finding California's ban on open carry in populated counties unconstitutional. Creates circuit split.
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Supreme Court Refines Bruen in Rahimi
Supreme CourtCourt clarified historical test, allowing analogical reasoning rather than exact matches. Upheld domestic violence gun ban.
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District Court Dismisses Baird Case
LegalLower court rejected Baird's challenge. He appealed to Ninth Circuit.
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Supreme Court Decides Bruen
Supreme Court6-3 ruling struck down New York's concealed-carry law. Established historical tradition test for gun regulations.
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Baird Files Lawsuit
LegalMark Baird sued California, challenging open-carry restrictions. Mountain States Legal Foundation represented him.
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California Bans Unloaded Open Carry
LegislationGovernor Jerry Brown signed AB 144, prohibiting open carry of unloaded handguns statewide. Took effect January 1, 2012.
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Heller Decision
Supreme CourtSupreme Court ruled Second Amendment protects individual gun rights. Opened modern era of constitutional challenges.
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Reagan Signs Mulford Act
LegislationCalifornia banned loaded open carry after Black Panthers armed patrol. Governor Ronald Reagan backed the restriction.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
The Mulford Act (1967)
After the Black Panthers conducted armed patrols in Oakland, California banned loaded open carry. Republican Don Mulford authored the bill. Governor Ronald Reagan—who supported gun rights generally—signed it, saying he saw 'no reason why on the street today a citizen should be carrying loaded weapons.' The NRA backed the restriction. Thirty armed Black Panthers had occupied the state Capitol in May 1967, frightening lawmakers into swift action.
California prohibited loaded open carry statewide, disarming the Black Panthers' copwatching patrols.
Became the foundation for California's incremental restrictions, culminating in the 2011-2012 total open-carry ban.
The Ninth Circuit's ruling directly challenges laws descending from the Mulford Act, raising questions about whether racial motivations undermine historical justifications.
District of Columbia v. Heller (2008)
The Supreme Court ruled 5-4 that the Second Amendment protects an individual's right to possess firearms, striking down D.C.'s handgun ban. Justice Scalia's majority opinion anchored gun rights in self-defense but noted the right isn't unlimited. For 14 years, lower courts applied a two-step test: Does the Second Amendment cover this conduct? If yes, apply heightened scrutiny balancing government interests against individual rights.
D.C.'s handgun ban fell, but many state and local restrictions survived interest-balancing tests.
Opened modern Second Amendment litigation but left regulations largely intact through balancing frameworks.
Bruen explicitly rejected Heller-era balancing tests, replacing them with pure historical analysis and dramatically shifting the landscape.
Peruta v. San Diego County (2016-2017)
A Ninth Circuit panel initially ruled California must allow either open or concealed carry. But the full court reversed en banc, finding no Second Amendment right to concealed carry since open carry remained theoretically available. Gun rights advocates appealed to the Supreme Court, which denied review. The en banc decision allowed California to maintain its dual ban by threading a logical needle: concealed carry isn't protected because open carry exists; open carry can be banned because it's dangerous.
California's dual ban survived despite the logical tension, preserving strict carry restrictions.
Bruen obliterated Peruta's reasoning by rejecting interest-balancing and demanding historical support for each restriction.
Baird v. Bonta revisits the same circuit with a new test, showing how Bruen upended precedents that once protected state gun laws.
