Timeline of major Second Amendment court rulings from McDonald in 2010 through Bruen, Rahimi, VanDerStok, Wolford and a 2026 Third Circuit decision, noting which judge wrote each.

U.S. Judges

Educational information, not legal advice. Gun laws change often and vary by state, county and city. Check current law where you are and talk to a firearms attorney before acting. Full disclaimer

Last reviewed October 31, 2026

U.S. Judges and the Second Amendment: Where They Stand in 2026

Judges decide whether “shall not be infringed” means what it says. Since Bruen in 2022, federal judges must test gun laws against the Second Amendment’s text and the nation’s historical tradition, not against their own policy views. How faithfully each judge applies that standard is now the single biggest factor in whether a gun law survives.

Timeline of major Second Amendment court rulings from McDonald in 2010 through Bruen, Rahimi, VanDerStok, Wolford and a 2026 Third Circuit decision, noting which judge wrote each.

The current Supreme Court has the same nine Justices it has had since 2022: Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson. Justice Alito said publicly in August 2026 that he will stay for another term. The six-Justice majority wrote the recent pro-gun-owner rulings, while Justices Sotomayor, Kagan and Jackson dissented in Bruen and Wolford.

In the lower courts, Judge Roger Benitez of the Southern District of California, known for striking down California’s magazine ban, assault weapons ban and ammunition background check law, retired on April 2, 2026. Judge Jack B. Weinstein of New York, listed below, died in 2021. Justice Antonin Scalia, author of Heller, died in 2016, and Justice Ruth Bader Ginsburg died in 2020.

Key Facts

  • Justice Clarence Thomas wrote NYSRPA v. Bruen (June 23, 2022), the text-history-tradition test.
  • Chief Justice John Roberts wrote United States v. Rahimi (June 21, 2024, 8-1); Justice Thomas was the lone dissent.
  • Justice Neil Gorsuch wrote Bondi v. VanDerStok (March 26, 2025) and United States v. Hemani (June 18, 2026).
  • Justice Samuel Alito wrote McDonald v. City of Chicago (2010) and Wolford v. Lopez (June 25, 2026, 6-3).
  • June 2, 2025: in Snope v. Brown, the Court declined Maryland’s assault weapons ban case; Justices Thomas, Alito and Gorsuch would have heard it, and Justice Kavanaugh wrote that the Court should address AR-15 bans in “the next Term or two.” The Court granted Viramontes v. Cook County on June 30, 2026.
  • Judge Roger Benitez (S.D. Cal.), commissioned 2004, senior status 2017, retired April 2, 2026. His September 22, 2023 ruling against California’s magazine ban was reversed by the en banc Ninth Circuit in March 2025 (Duncan v. Bonta); a Supreme Court petition (No. 25-198) is pending. A Ninth Circuit panel affirmed his ammunition background check ruling 2-1 in July 2025 (Rhode v. Bonta).
  • July 17, 2026: Third Circuit Judge Arianna Freeman wrote the 10-5 en banc majority striking New Jersey’s rifle and magazine bans.

What Gun Owners Should Know

  • Judicial nominations matter as much as legislation. Read the public record of nominees, including prior opinions on gun cases, before contacting U.S. Senators.
  • District court wins are often stayed on appeal. Track a case through the circuit court and the Supreme Court before treating a law as gone.
  • Opinions and dissents are public documents. Quote them directly when making the case for the right to keep and bear arms.
  • Case summaries are on the Court Cases page; ruling and argument dates are tracked on Gun Calendars.com.

Sources

Background and Resources

 

Supreme Court

  • Neil Gorsuch
  • Antonin Scalia
  • Ruth Bader Ginsburg

Federal Judge

  •  Roger Benitez
    – San Diego
  • Jack B. Weinstein
    – New York
    – rulings frequently upheld gun regulations