How Supreme Court Rulings Reshaped The Second Amendment

The ground under the Second Amendment keeps shifting—and the story is bigger than a single case. With Professor Nelson Lund of George Mason University’s Antonin Scalia Law School, we walk through the decisions that rewrote the playbook: Heller’s recognition of an individual right, McDonald’s incorporation against the states, Bruin’s insistence on a history-and-tradition test, and Rahimi’s controversial turn toward preventive disarmament for those deemed dangerous. Along the way, we unpack why courts once avoided the Second Amendment, how the Fourteenth Amendment became the vehicle for applying it to state laws, and why lower courts swung from broad deference to tighter scrutiny and back again.

We dig into the mechanics of constitutional tests—what counts as a historical analogue, when modern public safety claims carry weight, and how a single sentence in a majority opinion can steer years of litigation. Professor Lund explains why Rahimi, despite its popular appeal, may blur the very standard Bruin tried to clarify, reviving the kind of judicial balancing that Heller warned against. That tension sets the stage for what comes next, because the doctrine is no longer just about muskets and militia; it is about how courts translate old principles to new realities without letting policy preferences masquerade as history.

Looking forward, we preview two cases with outsized impact: Hawaii’s rule that bars carry on private property without explicit permission, and the federal prohibition on firearm possession by unlawful drug users. Both raise high-stakes questions about practical self-defense, public safety, and the limits of historical reasoning. If you care about constitutional law, public policy, or teaching these issues in the classroom, this conversation offers a clear map of where the law has been—and the signals to watch as the Court charts the road ahead. If the episode resonates, follow the show, share it with a friend, and leave a review to help others find thoughtful legal analysis.

Professor Lund recommends The Heritage Guide to the Constitution for more, including the section on the Second Amendment that he authored.

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