Article

From May Issue to Historical Traditions: The State of the Second Amendment in Post-Bruen America

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Abstract

This article examines the impact and scope of the decision in the case of The New York State Rifle & Pistol Association v. Bruen on American firearm licensing and the future of gun ownership in the United States. It argues that the decision in Bruen fundamentally altered Second Amendment jurisprudence by applying a historical-tradition test that casts doubt on firearm licensing systems in States across the country, while also calling into question the validity of gun-free zones in traditionally understood "sensitive places.” This article also explores the impacts of the Bruen decision on a proposed New Hampshire statute aimed at eliminating gun-free zones on college campuses. It will then examine how the new historical-tradition framework established in Bruen may contribute to the deregulation of previously regulated spaces of firearm possession. Finally, it will dive into the pending case of Wolford v. Lopez, which features concerns over private property rights in an increasingly accepting nation regarding firearm ownership and possession. Ultimately, this article establishes that post-Bruen Jurisprudence has and will continue to make fundamental changes regarding the Second Amendment of the United States, producing broader firearm rights and raising questions on the limits of historical-tradition reasoning.

 

Keywords: Bruen, gun-free, sensitive places, historical tradition, Second Amendment

How to Cite:

Wardwell, C., (2026) “From May Issue to Historical Traditions: The State of the Second Amendment in Post-Bruen America”, UMass Undergraduate Law Review 3(1). doi: https://doi.org/10.7275/uulrj.3898