By Tanya Metaksa
What’s New—It is one week to election day, and despite it being an off-year, ELECTIONS HAVE CONSEQUENCES; Politics: Elections Impacting Second Amendment Issues in NJ, VA, PA, and ME (2025); Federalism in the US Courts—Missouri v. United States; North Carolina: The veto override vote of SB50 has been rescheduled for Nov. 17.
Politics & the Anti-Second Amendment Lobby
When we don’t hear much from the anti-Second Amendment lobby, do NOT assume that they have given up. Politico, an online magazine that is not pro-Second Amendment, reported last week that Democrats have been given a helping hand in their campaign to give the control of Congress back to their party. That helping hand is from Giffords, paying for a battleground-district survey from Global Strategy Group that was shared with House Majority Forward, a nonprofit aligned with House Democratic leadership.
Although Politico acknowledged that Republicans have the edge when they talk about the explosion in violent crime, this survey predicted that if Democrat candidates focus on crime and point out how the Republicans have been slashing federal funding and that crime has actually fell under Biden after spiking during the COVID pandemic.
One of the initiatives Democrats will be focused on will be gun control. Respondents to this survey said easy access to guns and illegal gun trafficking contribute heavily to crime. The 2026 state legislative session will likely include more anti-Second Amendment bills for Democrat candidates to usein their political messaging.
Emma Brown, Giffords’ executive director, said, “We do not want people to get shot or stabbed or carjacked. We want to hold people accountable when they break the law. None of that is revolutionary. But we do have to actually say that.”
Politics: Elections Impacting Second Amendment Issues in NJ, VA, PA, and ME (2025)
The NRA has launched a website, www.triggerthevote.org, to assist those unsure about their voter registration or status, where they vote, or those who want to register to vote. Despite the fact that the New Jersey and Virginia elections are being talked about on national media, there are some other elections on Nov. 4 as well.
The 2025 election season features several contests and ballot measures with significant potential to affect Second Amendment rights in the United States. In New Jersey, Virginia, Pennsylvania, and Maine, voters face choices that could tip the balance on gun regulation, enforcement, and judicial interpretation at both state and national levels.
New Jersey: Legislative and Gubernatorial Races
New Jersey’s gubernatorial and legislative elections highlight the state’s strict gun control policies and the tension faced by gun owners. Democratic candidate Mikie Sherrill, supported by major gun control groups, pushes for further restrictions like “assault weapons” bans and universal background checks, earning an “F” rating from Second Amendment groups. In contrast, Republican Jack Ciattarelli advocates for expanding gun rights and has shifted toward defending lawful carry and faster permitting. The increasing GOP turnout and the mobilization of gun rights activists suggest a competitive race that will ultimately shape legislative priorities—either toward tightening or loosening restrictions. Key assembly races are also expected to mirror these divisions, with the results influencing the future direction of New Jersey firearm policies.
Virginia: Statewide and Legislative Races
Virginia’s general election encompasses races for governor, lieutenant governor, attorney general, and all 100 seats in the House of Delegates. With a narrow Democratic majority and competitive districts, the focus is on urban versus rural tensions around firearms and gun sanctuary movements. Republican Winsome Earle-Sears faces Democrat Abigail Spanberger in the governor’s race. The shift toward gun sanctuary resolutions in local counties, a response to previous Democratic efforts on gun control, means Second Amendment issues have risen to the forefront of voters’ minds. The 2025 contests will determine whether Virginia continues on a path of expanded gun rights or increased regulation, especially as recent legislative majorities have shaped the state’s stance on background checks and red flag laws.
Pennsylvania: Judicial Races-Gun Rights Activists say VOTE NO to retain Judges
Pennsylvania’s judicial retention votes and the Superior Court contest have national implications. Three Democratic Supreme Court justices—Christine Donohue, Kevin Dougherty, and David Wecht—face “yes or no” retention votes in an unusually high-pressure political climate. Conservative activists aim to oust judges deemed too liberal, citing rulings on voting, redistricting, and gun regulations. If removed, vacancies could stall or shift major gun-related decisions, given the court’s five-to-two Democratic majority. The Superior Court race, with candidates from both major parties and the Liberals, will affect appellate review of gun cases and other rights-related litigation. Outcomes here will determine the judicial climate on Second Amendment interpretation, potentially affecting challenges to state restrictions, carry permits, and enforcement priorities.whyy+3
Maine: Referendum on Red Flag Laws—VOTE NO, Say Advocates
Maine’s Question 2 referendum asks voters in November whether to implement a “red flag” law allowing family members or law enforcement to temporarily remove firearms from individuals deemed dangerous. Governor Janet Mills, a Democrat, opposes the measure and favors the existing “yellow flag” law, which requires stricter due process and police involvement. Gun rights advocates warn the proposed law is open to abuse and violates Second Amendment rights, while supporters point to its potential for suicide prevention and rapid intervention after the Lewiston mass shooting. The referendum’s result will establish whether Maine joins over 20 other states with red flag laws, making it a critical bellwether for national debates over gun violence and individual rights. Gun rights activists say “Vote No.”
Other Contests and Trends
Across these states, Second Amendment sanctuaries and aggressive legislative activism highlight the deepening divide over gun policy. Outcomes will reverberate in courtrooms and legislatures nationwide, affecting the national dialogue on gun rights, regulations, and the balance between public safety and civil liberty. The races of 2025 come amid federal court challenges—most notably to age limits and “ghost gun” regulation—showing Americans’ votes have an enduring impact on the legal landscape surrounding firearms.
Conclusion
Whether choosing lawmakers, judges, or referendum outcomes, voters in New Jersey, Virginia, Pennsylvania, and Maine will have unusual influence on Second Amendment policy. 2025 stands as a pivotal year, with legislative and judicial shifts likely to foster new case law, regulatory approaches, and political coalitions, all of which will be scrutinized for their bearing on the right to keep and bear arms.
Federalism in the US Courts
A YouTube video, “Supreme Court SHOCKS Nation With 8-1 Ruling — Second Amendment Battle REIGNITES!” from LOCKED & LAWFUL (Oct. 23), analyzes the case, Missouri v. United States, which was initiated under the Biden administration. The Biden administration characterized the Second Amendment Protection Act, SAPA, as a direct challenge to federal authority, warning it could jeopardize nationwide law enforcement cooperation. The federal position was that states cannot unilaterally determine the validity of federal law—a task reserved solely for the federal judiciary. Both the Missouri district court and the Eighth Circuit ruled SAPA unconstitutional.
Seeking emergency relief, Missouri approached the Supreme Court (SCOTUS). The Court’s 8–1 order (with Justice Clarence Thomas dissenting) denied Missouri’s request, leaving the lower court’s injunction in place. However, the Supreme Court did not rule on SAPA’s constitutionality, but declined to intervene at this procedural stage. The Court issued no full opinion, leaving the broader legal questions unresolved, but indicated that future review was possible when the case was fully developed.
The video author, a Second Amendment proponent, expresses shock at the decision. However, the decision is not an anti-Second Amendment decision; it is an upholding of the federalist concept. On June 18, the Lasnetski Gihon Law firm published an opinion on its Florida immigration law blog, titled “LA ICE protests: A Look into the Upcoming Legal Fallout.” This blog discusses the June anti-ICE protests in Los Angeles and President Trump’s decision to station 2,000 National Guard personnel in LA.. In this article, the authors write: “In the legal setting, the courts often give the Commander-in-Chief broad discretion in national security and public order emergencies.”
Since the June article, we have had the summer of Anti-ICE protests, and more states have filed actions against the federal government. It seems to me that the SCOTUS’s decision in Missouri v. United States is more judicial restraint, as the entire question of federal authority will be before the Court soon enough.
State Legislature
The following states are still in SESSION:
California, Massachusetts, Michigan, Ohio, Pennsylvania, and Wisconsin
North Carolina: The veto override vote of SB50 has been rescheduled for Nov. 17.
