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June 23, 2022

Supreme Court rewrites gun regulation test

Bruen ruling applies history test, complicates modern gun regulations

James MadisonJames Madison drafted the Second Amendment in 1789 after Anti‑Federalists like Patrick HenryPatrick Henry demanded explicit limits on federal power.

The first major judicial twist came in United States v. Miller in 1939, when the Court narrowed militia‑based protections into a regulatory field.

Black Americans during Reconstruction faced disarmament laws and violence that denied them the practical ability to exercise the right.

District of Columbia v. Heller in 2008, written by Justice Antonin ScaliaJustice Antonin Scalia, turned the amendment into a modern individual right.

The pattern repeats: Reconstruction disarmament, Miller's limits, Heller's recognition and Bruen's Jun. 23, 2022 historic‑analogy test.

In Jun. 2024 the Court decided United States v. Rahimi, reshaping how protective orders can remove firearms and changing enforcement tools.

Today conservative judges, state attorneys general and gun manufacturers often win expanded access while survivors of abuse and urban communities lose.

The next big fights are already live: 'sensitive places' rules, parts‑kit regulation, and state nullification laws moving through appeals.

📜Constitutional Law🎓Education

People, bills, and sources

James Madison

James Madison

Principal architect of the Bill of Rights

Patrick Henry

Patrick Henry

Anti‑Federalist leader

Dick Anthony Heller

Dick Anthony Heller

Plaintiff

Justice Antonin Scalia

Justice Antonin Scalia

U.S. Supreme Court justice

New York State Rifle & Pistol Association

Gun rights organization

Justice Clarence Thomas

Justice Clarence Thomas

U.S. Supreme Court justice

Zackey Rahimi

Zackey Rahimi

Respondent / defendant

Chief Justice John Roberts

Chief Justice John Roberts

Chief Justice of the United States

National Rifle Association (NRA)

Gun rights advocacy group

Everytown for Gun Safety and Giffords

Gun violence prevention organizations

Smith & Wesson Brands, Inc.

Firearms manufacturer

What you can do

1

understanding

Study Supreme Court tests and doctrines that limit this right

Learn the Bruen history‑and‑tradition framework, Heller's self‑defense core, and how courts evaluate protective‑order rules.

2

learning more

Follow constitutional law experts and litigation centers

Track pending appeals, stay alerts on 'sensitive places' and parts‑kit litigation, and read briefs to see how history arguments are framed.

3

practicing

Practice know‑your‑rights scenarios before protests or interactions with officials

Memorize key phrases, carry documentation of licenses, record encounters and request to speak with a lawyer before answering questions.

4

civic action

File official civil rights complaints and local petitions when rights are abused

Use civil‑rights complaint forms, local board meetings and administrative appeals to document violations and force record creation.

5

civic action

Join or support litigation funds and state advocacy groups

Donate time or money to state‑level public‑interest litigators and grassroots groups that file challenges and counter‑measures in state courts.

6

civic action

Use technology to document and escalate violations quickly

Record encounters, save court orders, and use secure hotlines to connect with pro bono lawyers and watchdog groups when enforcement goes wrong.