The U.S. Supreme Court has declined to hear a large group of Second Amendment cases considered during its end-of-summer “long conference,” closing the door on several firearm-related challenges that had been awaiting action from the Court.
Approximately 57 Second Amendment-related petitions were reportedly considered during the September 28 conference. The cases covered a wide range of issues, including prohibited-person laws, sensitive-place restrictions, concealed carry reciprocity and whether certain regulated firearms receive Second Amendment protection.
Among the notable cases was Johnson v. Jacobson, which involved interstate concealed carry reciprocity. The petition presented an opportunity to address whether a state can deny non-residents the ability to carry based on its recognition—or lack of recognition—of permits issued by other states.
Another case highlighted was Shephard v. United States, which raised the question of whether short-barreled shotguns qualify as “arms” protected by the Second Amendment.
Following the conference, however, the Supreme Court denied the Second Amendment petitions discussed in the report rather than granting review, sending them back to a lower court through a GVR order, or rescheduling them for another conference. For cases that reached the Supreme Court following a final judgment, including Johnson v. Jacobson, the denial effectively brings that particular case to an end.
A denial of certiorari does not establish Supreme Court precedent or mean that the justices agree with the lower court's decision. It simply means the Court has declined to review that particular case. As a result, existing lower-court decisions remain in place, including disagreements between federal circuits where applicable.
Despite the large number of denials, several significant Second Amendment cases remain before the Supreme Court or are expected to receive further consideration. The report points to pending firearm-related petitions as well as Viramontes and Grant, two cases already accepted by the Court and scheduled for argument on December 2.
Those cases could provide the Court with another opportunity to clarify how its decisions in District of Columbia v. Heller, New York State Rifle & Pistol Association v. Bruen and subsequent Second Amendment cases should be applied by lower courts.
The latest orders therefore represent a setback for several individual Second Amendment challenges, but they do not mark the end of firearm litigation at the Supreme Court. With additional petitions still pending and major cases already scheduled for argument, the Court's 2026 term could still produce significant developments in Second Amendment law.