	Introduction

In 2008, the U.S. Supreme Court decided District of Columbia v. Heller , in which the Court held that the Second Amendment to the U.S. Constitution protects an individual right to possess a firearm, unconnected with service in a militia, and the use of that firearm for traditionally lawful purposes, such as self-defense within the home. Shortly afterward in McDonald v. City of Chicago , the Supreme Court held that the Second Amendment also applies to the states, but it did not further explore the scope of the Second Amendment. Since Heller and McDonald , both federal and state firearms laws have been regularly challenged under the Second Amendment. This report first discusses the standard of judicial review that the lower courts generally have fashioned to determine if a firearm law is in violation of the Second Amendment. Next, the report examines select categories of firearms laws that have been challenged under the Second Amendment. Under this approach, courts have upheld bans on possession by felons, by substance abusers, by illegal aliens, and by people convicted of domestic violence. Implications for Future Second Amendment Challenges

Although many firearms laws have been upheld as constitutional, the differences in how courts interpret the text of Heller , insofar as providing some guidance on the scope of the Second Amendment, as well as how they apply the two-step inquiry may impact the burden upon the government to prove its case.
The U.S. Supreme Court in District of Columbia v. Heller held that the Second Amendment to the U.S. Constitution protects an individual right to possess a firearm, unconnected with service in a militia, and the use of that firearm for traditionally lawful purposes, such as self-defense within the home. It also held that the Second Amendment applies to the states in McDonald v. City of Chicago. Since then, federal and state firearms laws have been challenged under the Second Amendment. Lower courts have been disputed in determining how to evaluate these provisions, given that the Heller decision was not an exhaustive analysis of the scope of the Second Amendment.
This report first discusses the two-step inquiry fashioned by the lower courts to analyze provisions under the Second Amendment. It proceeds to highlight how this test has been employed on a select number of firearms laws—namely, the federal age requirement and prohibition on possession by those convicted of a misdemeanor crime of domestic violence; and state requirements to obtain a concealed carry permit and a state assault weapons ban. How courts have applied the test to these categories may provide some indication as to how future firearms regulations may be considered by the Supreme Court. The report concludes with a discussion on how varied interpretations by the lower courts of the Heller decision may affect the burden upon the federal government to defend firearms provisions, as well as new analytical frameworks that have been suggested.