Supreme Court Upholds Law Prohibiting Domestic Abusers From Owning Guns

The justices rejected a Second Amendment challenge to a federal law that makes it a crime for people subject to domestic violence restraining orders to possess a gun.

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Supreme Court Upholds Law Prohibiting Domestic Abusers From Owning Guns | INFBusiness.com

The case involved a drug dealer in Texas whose restraining order suspended his handgun license and prohibited him from possessing firearms.

The Supreme Court ruled on Friday that the government may disarm a Texas man subject to a domestic violence order, limiting the sweep of its earlier blockbuster decision that vastly expanded gun rights.

That decision, issued in 2022, struck down a New York law that put strict limits on carrying guns outside the home. It also established a new legal standard for assessing laws limiting the possession of firearms, one whose reliance on historical practices has sown confusion as courts have struggled to apply it, with some judges sweeping aside gun control laws that have been on the books for decades.

The new case, United States v. Rahimi, explored the scope of that new test. Only Justice Clarence Thomas, the author of the majority opinion in the 2022 decision, dissented.

Writing for the majority, Chief Justice John G. Roberts Jr. said that Second Amendment rights had limits.

“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 the order is in effect,” he wrote. “Since the founding, our nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms.”

The case started in 2019 when Zackey Rahimi, a drug dealer in Texas, assaulted his girlfriend and threatened to shoot her if she told anyone, leading her to obtain a restraining order. The order suspended Mr. Rahimi’s handgun license and prohibited him from possessing firearms.

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Source: nytimes.com

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