US Supreme Court Upholds Federal Domestic-Violence Gun Ban

On Friday, June 21, the US Supreme Court maintained a federal law that prohibits anyone subject to domestic violence restraining orders from possessing weapons.

 

The Supreme Court concluded that a federal statute that prohibits Americans with domestic abuse restraining orders from possessing firearms does not violate the Second Amendment.

 

“Since the founding, our Nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms,” Chief Justice John Roberts wrote for the 8-1 vote.

 

“As applied to the facts of this case, [the current law] fits comfortably within this tradition.”

 

Zacky Rahimi was charged with beating his fiancée and firing a gun at a witness in a parking lot in Fort Worth, Texas, in December 2019.

 

In February 2020, Rahimi’s girlfriend filed a protective order against him after Rahimi threatened to shoot her, according to the Justice Department.

 

Eleven months later, authorities searched Rahimi’s flat and discovered firearms, as well as a copy of the restraining order.

 

Rahimi pleaded guilty to breaking federal gun laws, but claimed that the restrictions violated his Second Amendment rights, triggering the case.

 

The Supreme Court has concluded that the law prohibiting dangerous and violent individuals from carrying firearms does not violate the Second Amendment.

 

In a unanimous ruling, Chief Justice John G. Roberts Jr. in that “when a restraining order contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may — consistent with the Second Amendment — be banned from possessing firearms while that order is in effect.”

 

The 5th US Circuit Court of Appeals reversed a 2023 ruling that the restraining order ban did not meet a test set by the landmark 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, which requires gun laws to be “consistent with the nation’s historical tradition of firearm regulation.”

Leave a Reply