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The Second Amendment after Bruen

The Second Amendment after Bruen

Rule Changes

How 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 Ban

Overview

The 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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Key Indicators

95%
California residents affected by open-carry ban
The prohibition applied to all counties over 200,000 people; challenge now before the full Ninth Circuit en banc
450+
Bruen-related court decisions since 2022
Double the Second Amendment cases filed in Heller's first year
88%
Gun laws upheld post-Bruen
Most regulations survive the history test despite initial fears
9-0
Hemani Supreme Court vote
Unanimous ruling limiting the federal drug-user gun ban to prosecutions with a historical grounding

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People Involved

Organizations Involved

Timeline

July 1967 June 2026

17 events Latest: June 18th, 2026 · 4 weeks ago Showing 8 of 17
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  1. Bonta Issues Statement on Open Carry

    Public Statement

    Attorney General called open carry dangerous, saying it 'terrorizes children' and 'instills fear throughout our communities' in statement supporting en banc petition.

  2. California Bans Unloaded Open Carry

    Legislation

    Governor Jerry Brown signed AB 144, prohibiting open carry of unloaded handguns statewide. Took effect January 1, 2012.

  3. Reagan Signs Mulford Act

    Legislation

    California 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.

2008

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.

Then

D.C.'s handgun ban fell, but many state and local restrictions survived interest-balancing tests.

Now

Opened modern Second Amendment litigation but left regulations largely intact through balancing frameworks.

Why this matters now

Bruen explicitly rejected Heller-era balancing tests, replacing them with pure historical analysis and dramatically shifting the landscape.

1967

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.

Then

California prohibited loaded open carry statewide, disarming the Black Panthers' copwatching patrols.

Now

Became the foundation for California's incremental restrictions, culminating in the 2011-2012 total open-carry ban.

Why this matters now

The Ninth Circuit's ruling directly challenges laws descending from the Mulford Act, raising questions about whether racial motivations undermine historical justifications.

2016-2017

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.

Then

California's dual ban survived despite the logical tension, preserving strict carry restrictions.

Now

Bruen obliterated Peruta's reasoning by rejecting interest-balancing and demanding historical support for each restriction.

Why this matters now

Baird v. Bonta revisits the same circuit with a new test, showing how Bruen upended precedents that once protected state gun laws.

Sources

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