Unconstitutional State Gun Laws

 Unconstitutional State Gun Laws

While the Second Amendment guarantees the right of the people to keep and bear arms, numerous state laws across the United States infringe upon this fundamental right. These laws, often enacted under the guise of public safety, frequently conflict with constitutional protections and have been challenged in courts nationwide.

Assault Weapon Bans: Massachusetts and Illinois

Massachusetts and Illinois have enacted laws banning assault weapons, including semi-automatic rifles like the AR-15. In April 2025, the 1st U.S. Circuit Court of Appeals upheld Massachusetts' 1998 law, asserting it did not violate the Second Amendment. Similarly, Illinois' Protect Illinois Communities Act, signed into law in 2023, bans the sale and distribution of assault weapons and high-capacity magazines. While the Illinois Supreme Court upheld the law in August 2023, a federal judge ruled it unconstitutional in November 2024, citing conflicts with Second Amendment rights Reuters+1.

Red Flag Laws: Constitutional Concerns

Red flag laws, or Extreme Risk Protection Orders (ERPOs), allow for the temporary removal of firearms from individuals deemed to pose a risk to themselves or others. While intended to enhance public safety, these laws have faced constitutional scrutiny. Critics argue they often bypass due process protections, potentially infringing upon Second Amendment rights. For instance, a 2024 Supreme Court ruling emphasized that red flag laws must treat the Second Amendment with the same dignity as other constitutional rights Christian Science Monitor.

Public Carry Restrictions: California and New York

California and New York have implemented stringent regulations on the public carrying of firearms. In California, laws prohibit both open and concealed carry in most public spaces. The Ninth Circuit Court of Appeals has upheld these restrictions, citing public safety concerns. Similarly, New York's concealed carry laws require applicants to demonstrate "good cause," a standard that has been challenged as overly restrictive and potentially unconstitutional under the Second Amendment Wikipedia+1.

Waiting Periods and Age Restrictions: New Mexico and Delaware

New Mexico enacted a seven-day waiting period for firearm purchases in 2024. However, a federal appeals court blocked the law, ruling it likely violates the Second Amendment by imposing undue delays on the exercise of gun ownership rights AP News. In Delaware, a judge ruled in September 2025 that raising the minimum age for firearm purchases from 18 to 21 infringes upon the state constitution's protections for self-defense, highlighting the tension between state-level regulations and constitutional rights AP News.

Federal Preemption: Missouri's Second Amendment Preservation Act

Missouri's 2021 Second Amendment Preservation Act aimed to nullify certain federal gun regulations deemed to infringe upon Second Amendment rights. However, in October 2025, the U.S. Supreme Court declined to hear Missouri's appeal, effectively upholding lower court decisions that struck down the law. The court's refusal to intervene reinforces the principle that federal law supersedes state law under the Constitution's Supremacy Clause Reuters.

Key Takeaways

• State laws infringing upon the Second Amendment: Numerous states have enacted laws that conflict with the constitutional right to keep and bear arms, including assault weapon bans, red flag laws, and public carry restrictions.

• Court rulings: Courts have increasingly scrutinized state laws that infringe upon Second Amendment rights, with several laws being struck down or blocked due to constitutional concerns.

• Federal supremacy: The U.S. Supreme Court's refusal to hear Missouri's appeal underscores the principle that federal law takes precedence over state laws in matters of constitutional rights