2A Circuit Court

Circuit Court Cases

Circuit Court Cases: Second Amendment Litigation in the Federal Appeals Courts

The United States has 13 federal courts of appeals: 11 numbered regional circuits, the D.C. Circuit, and the Federal Circuit. When a gun law is challenged in federal court, the loser in the district court can appeal to the circuit covering that state. The circuit’s ruling binds every federal court in its states until the Supreme Court says otherwise. A Ninth Circuit decision controls California, a Seventh Circuit decision controls Illinois, and so on. When circuits reach opposite conclusions on the same question, that “circuit split” is one of the strongest reasons the Supreme Court agrees to take a case.

The test the circuits apply has changed several times. District of Columbia v. Heller (2008) recognized an individual right to keep and bear arms, and McDonald v. City of Chicago (2010) applied that right to the states. For the next decade most circuits used a two-step “means-end” test that weighed the government’s interests and usually upheld gun laws. New York State Rifle & Pistol Ass’n v. Bruen (2022) rejected that balancing and told courts to ask whether a law fits the nation’s historical tradition of firearm regulation. United States v. Rahimi (2024) clarified that a modern law need not have a “historical twin,” only a historical analogue consistent with the principles behind earlier laws.

Since Bruen, cases decided under the old test have been sent back for new rulings, and the circuits have divided over magazine limits, rifle bans, age limits and felon disarmament. Several of those splits are now before the Supreme Court. For the Supreme Court decisions themselves, see the main Court Cases page.

Timeline of Second Amendment milestones from Heller in 2008 through the Supreme Court's December 2, 2026 argument on assault weapons bans, including Bruen, Rahimi, Range, Duncan v. Bonta and the Third Circuit New Jersey ruling

Notable Circuit Cases

  • Duncan v. Bonta (9th Cir., en banc, March 20, 2025): Upheld California’s ban on magazines holding more than 10 rounds. The challengers petitioned the Supreme Court (No. 25-198) on August 15, 2025; as of October 2026 the petition has been considered at more than 20 conferences without a grant or denial, and the ban remains in effect.
  • Miller v. Bonta (9th Cir., pending): A district court struck down California’s assault weapons ban for the second time on October 19, 2023, but the ruling is stayed. The Ninth Circuit heard argument on January 24, 2024, held the appeal for Duncan, and received supplemental briefs in January 2026. No decision has issued, and the ban remains in effect.
  • United States v. Rahimi (5th Cir., February 2, 2023): Struck down the federal ban on gun possession by people under domestic violence restraining orders. The Supreme Court reversed 8-1 on June 21, 2024.
  • Range v. Attorney General (3d Cir., en banc, December 23, 2024): Held the federal felon-in-possession ban unconstitutional as applied to a man with a decades-old food-stamp fraud conviction, deepening a split with circuits that reject individual challenges.
  • Reese v. ATF (5th Cir., January 30, 2025): Struck down the federal ban on licensed dealers selling handguns to adults aged 18 to 20.
  • Bevis v. City of Naperville (7th Cir., November 2023): Denied preliminary injunctions against Illinois and local bans on certain semiautomatic rifles and magazines; the Supreme Court declined review in July 2024.
  • Ocean State Tactical v. Rhode Island (1st Cir., March 2024): Upheld Rhode Island’s large-capacity magazine ban; the Supreme Court denied review in June 2025.
  • Bianchi v. Brown (4th Cir., en banc, August 2024): Upheld Maryland’s assault weapons ban; the Supreme Court denied review, as Snope v. Brown, in June 2025.
  • Wolford v. Lopez (9th Cir., 2024): Upheld Hawaii’s rule barring permit holders from carrying on private property open to the public without the owner’s consent. The Supreme Court reversed on June 25, 2026.
  • Viramontes v. Cook County (7th Cir., June 2025): Upheld Cook County’s assault weapons ban. The Supreme Court granted review on June 30, 2026, together with Grant v. Higgins, a Second Circuit case upholding Connecticut’s ban. Argument is set for December 2, 2026.
  • Association of New Jersey Rifle & Pistol Clubs v. New Jersey (3d Cir., en banc, July 17, 2026): Struck down New Jersey’s semiautomatic rifle and large-capacity magazine bans, the first federal appeals ruling to strike a state assault weapons ban. The court stayed its ruling on August 4, 2026, so the laws remain in effect while New Jersey seeks Supreme Court review.

What Gun Owners Should Know

  • A circuit ruling only binds the states in that circuit. A win in New Jersey does not change the law in California or Illinois.
  • Rulings striking down gun laws are often stayed, so a law can stay enforceable for months or years after a court calls it unconstitutional. Check whether a ruling is actually in effect before relying on it.
  • The Supreme Court’s decision in Viramontes and Grant, expected by mid-2027, will likely shape pending rifle and magazine cases nationwide, including Miller and Duncan.
  • Court dockets are public. Case numbers make it easy to follow a case on the Supreme Court or circuit court websites.
  • This page is educational, not legal advice. Laws and rulings change quickly; consult a firearms attorney about your situation.

Sources

2A Circuit Court

  • Miller v. Becerra
  • Duncan v. Becerra
    – upheld 2-1 Aug 2019?