Supreme Court Will Take Up Case On Domestic Abusers’ Right To Own Guns

Topline

The Supreme Court said Friday it will hear a case next term on whether or not people with domestic abuse restraining orders against them can own guns, in what will surely be a closely-watched case examining the Second Amendment.

Key Facts

The court released its order list Friday, revealing it would hear a case challenging a federal law that bans people with domestic violence restraining orders from owning guns.

The case, U.S. v. Rahimi, dates back to 2019, when Zackey Rahimi assaulted and threatened to shoot his girlfriend, resulting in a restraining order against him that prohibited him from possessing a gun.

While under the restraining order Rahimi was accused of threatening another woman with a gun and committed a series of five public shootings that led to a six-year prison sentence and was prosecuted by the Department of Justice for violating the federal ban on firearms being owned by those with domestic violence restraining orders.

The 5th Circuit Court of Appeals in Texas ruled the federal ban was unconstitutional, after the Supreme Court last year said gun laws need to have historical precedent; the Biden administration then asked the Supreme Court to evaluate the 5th Circuit’s decision.

The case will give the conservative-leaning court an opportunity to further clarify its opinion on gun laws.

Key Background

The Supreme Court ruling that the appeals court used to reverse its initial decision found that today’s gun regulations needed to be consistent with the U.S.’s historical traditions of firearm regulations. This meant that courts reviewing modern gun regulation could only base decisions off of when the Bill of Rights was enacted.

What To Watch For

The court will hear the case in its next term.

Further Reading

Do People Subject to Domestic Abuse Orders Have the Right to Be Armed? (New York Times)

Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns (The Texas Tribune)

Source: https://www.forbes.com/sites/antoniopequenoiv/2023/06/30/supreme-court-will-take-up-case-on-domestic-abusers-right-to-own-guns/