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The Second Amendment at the Supreme Court

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August 2025 Congressions Research Service report


Ratified in 1791, the Second Amendment provides, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” For over two hundred years, the Supreme Court remained largely silent on the Second Amendment. In a series of relatively recent decisions, however, the Court has provided guidance on the substance and scope of this constitutional provision.

Pending Petitions Filed by the Federal Government
The United States has filed a petition for review in Daniels, along with four other petitions that present the same question: “Whether 18 U.S.C. § 922(g)(3), the federal statute that prohibits the possession of firearms by a person who ‘is an unlawful user of or addicted to any controlled substance,’ violates the Second Amendment” as applied.
The five petitions raising this question are:
• United States v. Hemani, No. 24-1234.
• United States v. Cooper, No. 24-1247.
• United States v. Daniels, No. 24-1248.
• United States v. Sam, No. 24-1249.
• United States v. Baxter, No. 24-1328.

There is also a list of filings from other parties on several other second amendment issue (mostly having to do with NFA and Gun Control Act of 1968.

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United

Read the rest of the report here:

Links in the PDF for the cases and filings

 
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