Video: SCOTUS to take up key Second Amendment challenges in 2026

The arguments represent a test of the Supreme Court’s 2022 Bruen decision, which set a new standard for gun rights, requiring regulations to be consistent with the nation’s historical tradition protecting gun rights

The United States Supreme Court is set to take up major gun rights cases in 2026 with decisions that could reshape access to firearms for millions of Americans.

The Center Square spoke with Second Amendment Foundation (SAF) Founder Alan Gottlieb about the cases that the high court has agreed to review, as well as several other cases SAF is involved with as they move through lower federal courts.

The arguments represent a test of the Supreme Court’s 2022 Bruen decision, which set a new standard for gun rights, requiring regulations to be consistent with the nation’s historical tradition protecting gun rights.

Two key cases scheduled for early 2026 arguments involve the prohibition for drug users, including marijuana users from owning firearms and Hawaii’s law preventing concealed handgun permit holders from carrying guns on most private property unless they have consent.

“In Hawaii we call it the vampire rule,” said Gottlieb. “Hawaii passed a law that says you can’t carry a firearm or bring a firearm onto private property period unless the owner of the property or the restaurant establishment gives you permission ahead of time to do it. We’re engaged in that one with an amicus brief.”

Gottlieb said the Bruen decision opened the flood gates for challenging gun restrictions that many left-leaning states had put in place.

“It’s definitely been more unusual in the last year or two for the number of Second Amendment cases that are before the court or being petitioned to the court for cert. And as a result, the Supreme Court has more on their plate,” he said.

SAF is involved in dozens of other gun rights cases working their way through federal courts.

“It is a lot of work and a lot of pressure on us. We have almost 60 cases in federal court right now defending Second Amendment rights percolating up to the Supreme Court. So, there’s a whole lot of activity going on.”

One of the high-profile cases SCOTUS has not yet decided to hear is Washington state’s ban on large-capacity magazines (LCM’s).

Gator’s Guns in Kelso challenged the ban on the sale of magazines holding more than 10 rounds as unconstitutional.

A lower court sided with the Gator’s challenge, but the Washington Supreme Court, in May 2025, reversed the lower court and upheld the ban, saying LCM’s are accessories and not necessary for self-defense.

SCOTUS could still agree to take the case or other gun rights and restrictions cases the court has been asked to consider including the right to possess unregistered short-barreled rifles, the constitutionality of banning “ghost guns”, and the prohibition on machine gun possession.

“A lot of these cases, you have to realize started many years ago,” said Gottlieb. “Like four or five years ago and it takes a lot of time for them to have the oral arguments and then come up with a ruling months later. And it’s very frustrating to gun owners, because honestly, a right delayed is a right denied.”

Another recently passed law concerning gun possession in Washington is expected to take effect in 2027, but will certainly face a legal challenge.

“The permit to purchase law that Washington state passed, which is not in effect yet, may not ever come into effect, because the Washington State Patrol has said that there’s no money and no way to enforce or make the law possible to comply with,” said Gottlieb.

(HB 1163) starting in 2027, requires residents to get a license (including live-fire training) before buying firearms, with a goal of reducing gun violence by ensuring only eligible individuals purchase guns.

“We’ll be definitely going to court over it if it does ever come into place,” Gottlieb said. “And again, it’s doubtful that it’s going to come into place because there are a lot of problems with how it’s written.”

Gottlieb says gun control activists in Washington are focused on targeting the industry, despite the fact Washington has one of the highest rates of concealed carry licenses in the nation, per capita.

As of July 2025, more than 713,000 gun owners in Washington had a concealed carry permit.

“They’re aimed at the industry to put them out of business and make it impossible to have a business where you sell firearms and ammunition to people. But there’s a very heavy demand in Washington state for gun ownership and the right to keep and bear arms,” he said.

The Seattle based Alliance for Gun Responsibility has not yet released its 2026 policy agenda, but the organization is once again expected to push for the expansion of gun free zones and to limit bulk purchases of ammunition.

TCS reached out to the Alliance for details on coming policy and will update this story if we receive a response.

This report was first published by The Center Square.

Under the Grok Lens

Analysis created with Grok

This independent analysis was created with Grok, an AI model from xAI. It is not written or edited by ClarkCountyToday.com and is provided to help readers evaluate the article’s sourcing and context.

Quick summary

The U.S. Supreme Court is scheduled to hear early‑2026 arguments in Second Amendment challenges that will test the 2022 Bruen decision, including federal bans on firearm possession by unlawful drug users (such as marijuana users) and Hawaii’s limits on carrying concealed handguns on private property without explicit consent. Second Amendment Foundation founder Alan Gottlieb discusses these cases, related petitions such as Washington’s large‑capacity magazine ban, and Washington’s coming permit‑to‑purchase requirement.

What Grok notices

Quotes Alan Gottlieb extensively on specific cases, SAF’s role in nearly 60 federal actions, and concerns about court delays, giving readers a detailed look at one major gun‑rights advocacy group’s strategy.
Explains how these cases build on the Supreme Court’s 2022 Bruen ruling and outlines pending petitions, including Washington’s magazine‑capacity ban and challenges to future permit‑to‑purchase rules.
Provides concrete data points, such as more than 713,000 active concealed‑carry permits in Washington as of July 2025, to illustrate the scale of gun ownership and permitting in the state.
Notes that the focus is largely on SAF’s perspective; readers may wish to review arguments and policy agendas from organizations that support these regulations for a fuller picture.
Highlights that the Supreme Court’s decisions could affect not only federal standards but also how states handle issues like marijuana use, private‑property carry rules, and definitions of “sensitive places.”

Questions worth asking

How might the Supreme Court apply Bruen’s “historical tradition” test differently to modern drug‑use prohibitions compared with restrictions on carrying firearms on private property without consent?
What kinds of historical regulations could courts view as analogs when evaluating modern limits on items such as large‑capacity magazines, “ghost guns,” or machine guns?
If the Court narrows or strikes down user‑based prohibitions, how could that interact with state‑level marijuana legalization or decriminalization policies?
What effect do lengthy litigation timelines and unsettled standards have on how the public, law‑enforcement agencies, and courts understand the scope of Second Amendment protections?
As courts weigh these cases, how might they balance the rights of property owners to control firearms on their land against broader rules for public carry and “sensitive places” like schools or government buildings?