Kentucky Gun Rights in the Balance: Supreme Court's Second Amendment Decisions Loom

Why it matters locally: The Supreme Court's consideration of Second Amendment rights has significant ramifications for Kentucky residents. Kentucky has a strong tradition of gun ownership and a large number of gun owners. Any changes to who can possess firearms, what types of firearms are protected, or where firearms can be carried could directly affect the rights and freedoms of Kentuckians. Specifically, cases concerning the disarming of individuals with drug use or the legality of restrictions on magazine capacity and semi-automatic rifles are likely to be closely watched in Kentucky, given the state's cultural context and the prevalence of firearm ownership for hunting, sport, and self-defense.

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Washington D.C. — The Supreme Court is currently grappling with several cases that could significantly alter the landscape of gun control in the United States. These cases revolve around three core questions: who may possess firearms, what types of arms are protected by the Second Amendment, and where individuals may carry them. In recent years, the court has issued key rulings on Second Amendment rights. The 2008 *District of Columbia v. Heller* case established an individual's right to own firearms, while the 2022 *New York State Rifle & Pistol Association v. Bruen* decision extended that right outside the home. The "who" question concerns permissible restrictions on firearm possession. The 2024 case *United States v. Rahimi* affirmed the government's ability to disarm individuals who pose a credible threat to the physical safety of others, specifically those under restraining orders. Currently, the court is reviewing *United States v. Hemani*, which examines whether the government can disarm individuals who unlawfully use drugs. Further legal challenges are anticipated regarding the right of 18-to-20-year-olds to possess firearms and the ability to disarm convicted felons, particularly those convicted of non-violent crimes. The "what" question addresses which arms are protected under the Second Amendment. *District of Columbia v. Heller* established that the Second Amendment protects arms in "common use" for lawful purposes. The District of Columbia Court of Appeals recently struck down a ban on magazines holding over 10 rounds of ammunition, citing their common use. However, lower courts are split on the constitutionality of such bans. The Supreme Court is also facing increasing pressure to address the legality of bans on semiautomatic rifles like AR-15s, especially given their popularity in the United States. The "where" question pertains to location-based restrictions on carrying firearms. While *Bruen* affirmed the right to carry firearms outside the home, the court acknowledged the possibility of restricting firearms in "sensitive places." *Wolford v. Lopez*, currently before the court, challenges a Hawaii law that prohibits carrying firearms on private property open to the public without the owner's express permission. Lower courts have issued conflicting rulings on what qualifies as a "sensitive place." The Supreme Court's engagement with Second Amendment cases has been infrequent historically. After *United States v. Miller* in 1939, the court remained largely silent on the issue for decades. The pace has increased recently, with the court expected to rule on *Hemani* and *Wolford* this term. These decisions, combined with the numerous pending petitions on other Second Amendment issues, signal a potentially significant shift in the legal landscape of gun control.