Second Amendment battles heat up as Supreme Court enters fall term on Monday

The national debate over the Second Amendment is in one of the more pivotal seasons in years, with the Trump Administration pressing federal support for gun rights and the Supreme Court preparing to open its fall term with dozens of gun-related petitions on its docket. Here are updates on current 2-A issues:

DOJ targets New Jersey’s AR-15 and magazine bans

On Sept. 22, the Department of Justice filed an amicus brief in a federal appeals court urging judges to overturn New Jersey’s ban on AR-15-style rifles and high-capacity magazines.

DOJ attorneys argued the bans are unconstitutional under the Supreme Court’s “common use” test from District of Columbia v. Heller (2008), noting that such firearms are widely owned by civilians for lawful purposes like self-defense.

Gun-control advocates denounced the move as a dangerous rollback of public safety protections, but the Trump Administration made a campaign promise to restore gun rights curtailed during the Biden years.

Harmeet Dhillon makes courtroom appearance in Illinois

Also on Monday, Assistant Attorney General Harmeet Dhillon personally appeared before the 7th US Circuit Court of Appeals in Barnett v. Raoul, an NRA-backed challenge to Illinois’ 2023 semiautomatic weapons ban. Dhillon argued that Illinois misapplied New York State Rifle & Pistol Association v. Bruen (2022) by treating commonly used rifles as “dangerous or unusual” without any clear historical precedent.

Illinois’ Law Department countered that the state’s restrictions target weapons resembling military arms, outside Second Amendment protections, a claim that may not hold up at the Supreme Court, where it will no doubt land.

Supreme Court has key 2A cases

The Supreme Court begins its fall term on Sept. 29 with an unusually high number of gun rights petitions– roughly 50 — awaiting review. Among the hot-button issues:

• Age restrictions: The 11th Circuit upheld Florida’s ban on sales to under-21s, while the 3rd Circuit struck down Pennsylvania’s emergency restrictions, leaving a split that may require resolution.
• Marijuana users: The 5th Circuit overturned a federal conviction, challenging the constitutionality of banning gun ownership for cannabis users.
• Felon bans: Courts remain divided over whether non-violent felons can face lifetime disarmament.

The justices may take up at least one or two cases to clarify how lower courts should apply the Bruen test.

GOA pushes to gut National Firearms Act

Gun Owners of America is lobbying Congress to repeal major portions of the 1934 National Firearms Act, including provisions regulating suppressors and short-barreled rifles. The group argues that the NFA is irreconcilable with Heller and Bruen.

A parallel lawsuit led by the Firearms Policy Coalition and NRA challenges suppressor restrictions, potentially setting up another Supreme Court showdown.

Federal momentum vs. blue state resistance

The Trump Administration has made expanding gun rights a centerpiece of its agenda, with executive orders and DOJ reviews aimed at rolling back regulations on non-violent felons and revisiting waiting periods. States like Illinois, Colorado, and New Jersey are pressing ahead with new limits, setting up clashes in federal courts.

In New Mexico, a federal appeals court recently struck down a seven-day waiting period as unconstitutional, while Colorado’s under-21 purchase ban has been upheld.