After Democrats won control of the House and Senate in Tuesday's midterm elections, the Second Amendment Foundation said it will sue any new lawmakers who pass gun control that conflicts with the Constitution. President Trump remains in office and Republicans still have enough Senate votes to filibuster. The foundation posted on X that constitutional rights limit available policy choices and that it will go to court if needed.

SAF already has two assault weapons ban cases before the Supreme Court, with arguments set for December 2. Courts with lifetime-appointed judges have been the main venue for reversing such laws under current precedents.