Clemson Law Review

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Laws cited › U.S. Constitution

U.S. Const. amend. II

Amendment II

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

Pieces citing this

United States v. Hemani

146 S. Ct. 1677 (2026)

The Supreme Court affirmed the judgment in Hemani’s favor. Justice Gorsuch concluded that the government’s prosecution of Hemani under § 922(g)(3)’s unlawful-user provision was inconsistent with the Second Amendment as applied to him. Importantly, however, the Court did not find § 922(g)(3) unconstitutional in every possible application. The distinction between declaring a law unconstitutional and declaring its application to a particular person unconstitutional is important to understanding Hemani.

By Orion Musial

U.S. Const. amend. II

Baird v. Bonta

No. 24-565 (9th Cir. Apr. 15, 2026)

Baird v. Bonta, No. 24-565 (9th Cir. 2026) involves Mark Baird, a law-abiding citizen of California seeking to openly carry a firearm in public for self-defense purposes.

By Delaney Grimaldi

U.S. Const. amend. II

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