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Neil Gorsuch on Gun Control

Second Amendment Defender (strong)

TL;DR

Justice Neil Gorsuch strongly favors expansive Second Amendment rights and generally opposes federal and state regulations on firearms.

Key Points

  • He joined a dissent arguing the Supreme Court treated the Second Amendment as a “disfavored right” when it declined to review a challenge to California’s “good cause” requirement for concealed carry permits (2017).

  • During his confirmation hearings in 2017, Neil Gorsuch stated that the validity of a ban on military-style rifles depends on whether the weapon is “in common use for self-defense” and may be subject to “reasonable regulation.”

  • Justice Gorsuch authored the 2025 majority opinion upholding the ATF’s authority to regulate “ghost gun” components like unfinished frames and weapon parts kits under the Gun Control Act of 1968.

Summary

Justice Neil Gorsuch generally advocates for a broad interpretation of the Second Amendment right to keep and bear arms, often aligning with Justice Thomas in dissenting opinions against gun regulations. His philosophy emphasizes historical tradition as the primary test for determining a law's constitutionality, as established in the Bruen decision. This stance was evident when he questioned the historical basis for laws prohibiting firearm possession by individuals who use marijuana, pointing out that early American figures consumed alcohol regularly. Gorsuch shows skepticism toward modern federal prohibitions, particularly when they lack clear historical analog.

He has also taken positions suggesting skepticism toward certain modern regulatory measures. For instance, in a case concerning 'ghost guns,' Gorsuch authored the majority opinion to uphold the ATF's authority to regulate unfinished frames and weapon parts kits, provided they meet certain criteria related to being 'readily converted' into a weapon. However, this position appears to prioritize textual interpretation over a blanket rejection of all regulation, contrasting with a more absolute view of the Second Amendment he and Justice Thomas have shown in dissents regarding carry restrictions.

Frequently Asked Questions

Justice Neil Gorsuch generally favors an expansive view of the Second Amendment right to bear arms, aligning him against many federal and state gun control measures. He often scrutinizes regulations based on whether they align with historical traditions of firearm regulation.

While expressing a strong commitment to Second Amendment rights, Gorsuch was part of the majority in a case upholding the ATF's ability to regulate certain 'ghost gun' components in 2025. This opinion suggests he will uphold regulations if they are textually supported by the Gun Control Act of 1968.

In a case challenging the ban on gun possession by marijuana users, Neil Gorsuch questioned the government's theory by pointing out that historical figures like John Adams and James Madison consumed alcohol daily, asking if they would be considered 'habitual drunkards' to be disarmed.