Published September 28, 2026 at 10:27 AM ET · Updated September 28, 2026 at 12:33 PM ET
Column traces Second Amendment law through Heller, McDonald and Bruen
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A column traces the development of Second Amendment law through the landmark Supreme Court rulings in Heller, McDonald, and Bruen. The cases addressed the scope of the right to keep and bear arms.
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⚖ The Constitutional Angle
Heller held the Second Amendment protects an individual right to keep a handgun at home for self-defense; McDonald made that right binding on the states. Bruen recognized a right to carry handguns publicly for self-defense and replaced means-end scrutiny with a historical-tradition test. Together they trace one arc: from a home-based individual right to the history-first framework that now governs gun regulation.
District of Columbia v. Heller 554 U.S. 570 (2008)
Vote: 5-4 · Opinion: Scalia
The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia and to use it for traditionally lawful purposes such as self-defense within the home. The right is not unlimited: the Court noted that longstanding prohibitions (e.g., possession by felons and the mentally ill, carrying in sensitive places, conditions on commercial sale) remain presumptively lawful. D.C.'s ban on handgun possession in the home and its requirement that lawful firearms in the home be kept nonfunctional violate the Second Amendment.
McDonald v. City of Chicago, Illinois 561 U.S. 742 (2010)
Vote: 5-4 · Opinion: Alito
The Second Amendment right recognized in Heller is fully applicable to the states through the Fourteenth Amendment. A four-Justice plurality incorporated the right via the Due Process Clause as fundamental to the Nation's scheme of ordered liberty and deeply rooted in its history and tradition; Justice Thomas supplied the fifth vote via the Privileges or Immunities Clause. The Seventh Circuit's judgment upholding Chicago's and Oak Park's handgun bans was reversed and remanded.
New York State Rifle & Pistol Association v. Kevin P. Bruen, Superintendent of New York State Police 597 U.S. 1 (2022)
Vote: 6-3 · Opinion: Thomas
New York's requirement that applicants demonstrate 'proper cause' — a special need for self-protection distinguishable from the general community — to obtain an unrestricted public-carry license violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public. The Court held the Second Amendment protects a right to carry handguns publicly for self-defense, and rejected the two-step means-end framework lower courts had applied after Heller.
Precedent facts from the PW Law Library — primary-source verified & independently audited
