Posted on Tuesday, November 12th, 2013
In the last five years, the U.S. Supreme Court has rejected more than sixty cases seeking to expand the very limited right defined in the unprecedented Second Amendment case, Heller v. District of Columbia. By repeatedly declining to review lower court decisions upholding federal, state, and local gun laws, the Supreme Court has maintained important limitations on the Second Amendment and has reconfirmed that the Amendment is not an obstacle to smart gun laws that keep our communities safe from gun violence.
Since the Court’s decision in the Heller case 2008, lower courts across the country have been inundated with costly and time-consuming challenges to state and local gun laws. However, lower courts have consistently upheld these laws, noting that many of these laws have been successful at protecting people from gun violence and keeping guns out of the hands of criminals while still allowing law-abiding citizens to keep guns in their homes for self defense. Since 2008, there have been over 800 Second Amendment cases challenging gun laws nationwide, with an overwhelming majority—96%—of the lower court decisions upholding those laws.
Many of these Second Amendment challenges to gun laws make their way to the Supreme Court. However, the Court has refused to hear these cases,1 leaving lower court decisions upholding the laws intact and keeping strong gun laws on the books. For example, the Supreme Court has refused to hear cases that:
- In 2010, the Court decided McDonald v. City of Chicago, which held that the right recognized in Heller extends to state and local governments. That case involved a Chicago law nearly identical to the one struck down in Heller and did not expand the substantive scope of the Second Amendment. [↩]