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A Big Year for the Second Amendment

Wednesday, January 3, 2024

A Big Year for the Second Amendment

While NRA members made huge strides in 2023 to defend and expand the right to keep and bear arms, 2024 will be an even more important year for the future of the Second Amendment.

For starters, the Supreme Court will likely provide more guidance for how it will apply the Second Amendment in cases challenging the constitutionality of firearms restrictions. Last November, the Supreme Court heard oral arguments in United States v. Rahimi. That case challenged the constitutionality of the federal firearms prohibition that applies to individuals subject to certain protective orders. The Supreme Court will likely issue a decision in Rahimi this spring.

The Supreme Court has also already agreed to hear a case challenging the Bureau of Alcohol, Tobacco, Firearms, and Explosives authority to issue the regulation that reclassified bump fire stocks” as machineguns.” That case, Garland v. Cargill, could have far-reaching effects on executive authority beyond just invalidating the bump stock rule. A broad ruling in Cargill would likely be the end of the Biden administrations rule on frames and receivers, its ban on pistol stabilizing braces, and its new proposed rule to expand who needs a federal firearm license.

There are also numerous other legal challenges working their way through federal courts right now that will have enormous impact on the scope of the Second Amendment. These cases range from challenges to state laws banning firearms and magazines to attempts by anti-gun states to undermine the Supreme Courts decision in Bruen by effectively banning carrying a firearm anywhere in public.

Beyond legal challenges, gun owners will likely see the right to carry movement continue to expand in 2024. Louisiana, North Carolina, and South Carolina will all seriously consider permitless carry legislation in 2024. Unfortunately, the state legislative outlook is not all positive for gun owners though, as some anti-gun states will continue to trample on the right to keep and bear arms. Fortunately, gun owners will be given an opportunity at the ballot box to elect state legislators who firmly respect their constitutional rights. Nearly six thousand state legislative seats will be up for election in 2024.

Of course, the most impactful elections in 2024 will be at the federal level. With control of Congress and the White House at stake, the 2024 election will have potentially long-lasting consequences for the Second Amendment. Electing a pro-gun president and congress will of course put an end to the regulatory onslaught against gun owners by the Biden administration, but it will also shape the future of the Second Amendment for decades to come.

Control of the presidency and senate are required to put judges who respect the right to keep and bear arms on the federal bench. Giving President Biden four more years of judicial appointments could put an end to all of the hard-fought gains that gun owners have made in the courts. The stakes couldnt be higher for the future of the Second Amendment.

All gun owners will need to work together to defend the Second Amendment in 2024. You can help. If you havent already, please sign up for our NRA-ILA alerts to stay informed and up-to-date on everything that could impact your right to keep and bear arms. In election years, NRA-ILA relies heavily on volunteers to assist in election operations. Please consider signing up to help deliver election victories that could secure our constitutional rights for years to come.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.