by Chip Brownlee is in a tizzy over at The Trace because there have been over 3,300 challenges to gun laws post-Bruen. He says that like it is a bad thing – which, of course, it isn’t.
The Trace recently updated its database of post-Bruen challenges through May 2026, bringing the total to 3,327 rulings. The milestone underscores how thoroughly Bruen has reshaped federal gun litigation and fueled a surge in challenges to firearm restrictions across the country.
The truth of the matter is that most of these cases are criminal cases. While I might wish that they had all been civil cases challenging restrictions on Second Amendment rights, I cannot fault a criminal attorney from using everything at his or her disposal on behalf of a client.
Civil lawsuits have been fewer, but more consequential. Those cases — often brought by gun rights groups or individual plaintiffs — tend to seek broader rulings against gun restrictions as a whole, rather than relief for a single defendant. Civil challenges have also been more successful, with judges invalidating gun regulations in 78 out of 279 rulings, or 28 percent.
The outcomes in civil cases also show a sharp partisan divide. Republican-appointed judges ruled against gun regulations in 61 out of 137 rulings, or 45 percent. Democratic-appointed judges invalidated regulations in 14 out of 113 rulings, or 12 percent
I did find it interesting that in civil cases challenging gun laws that Democrat-appointed judges overturned laws or regulations only 12 percent of the time. It is really true that they treat the Second Amendment like a second-class right. If it had been abortion, deportation of illegal aliens, or a Trump Administration executive order, that number would have been well over 50%. That said, one of the worst offenders in treating the Second Amendment like a second-class rights is Reagan-appointed Judge J. Harvie Wilkinson III of the 4th Circuit who, to my knowledge, has never rendered a positive ruling on the Second Amendment. He didn’t like Heller and his opinion in Bianchi was ridiculous.
There are still some AWB and magazine cases pending before the Supreme Court such as Duncan v. Bonta and Viramontes v. Cook County both of which were scheduled for conference this past week. I guess we will find out if they are accepted or denied soon.
