Supreme Court Leaves Felony, DUI Gun Bans Intact as AR-15 Cases Loom
The Supreme Court declined to hear 22 gun-rights cases on November 9, 2026, leaving in place federal and state firearm prohibitions tied to felony convictions, certain misdemeanors, and even pending indictments, while two major challenges to semiautomatic rifle bans remain on track for December arguments.
Snapshot
AmmoLand's Duncan Johnson reports on William Kirk's review of the Court's November 9 orders list, which rejected cases including Foster v. United States, Barge v. United States, Holloway v. Brown, Trevino v. United States, and Minor v. United States. Kirk, president of Washington Gun Law, called the denials troubling, noting they leave disarmament laws untouched even as the justices prepare for oral arguments in two AR-15 cases on December 2.
Key points
- Felony bans stand: Sixteen of the rejected cases involved challenges to federal or state felony-based firearm prohibitions, including Foster and Barge, which questioned lifetime bans tied to nonviolent convictions.
- Misdemeanor DUI ban upheld by denial: The Court declined Holloway v. Brown, leaving Washington's law disarming people after two qualifying misdemeanor DUI convictions in seven years undisturbed.
- Pre-conviction restrictions untouched: Trevino v. United States challenged a federal law barring firearm receipt by people merely under indictment; the Court did not take it up.
- AR-15 cases still ahead: Viramontes v. Cook County and Grant v. Higgins are set for December 2 arguments, with the Solicitor General now cleared to participate.
- Carry case pending: Novotny v. Moore, challenging Maryland public-carry restrictions, is scheduled for the Court's November 13 conference.
Quick take
A cert denial isn't a ruling on the merits, but for people losing gun rights under these laws, that distinction changes nothing in practice. Kirk's larger point is worth tracking: as the Court zeroes in on rifle bans, a wide range of disarmament laws—misdemeanor-based, pre-conviction, or tied to nonviolent felonies—keep operating without Supreme Court review.
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