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Supreme Court upholds bar on guns under domestic-violence restraining orders

Supreme Court,Gun Control And Gun Rights,Domestic Abuse,John Roberts,Clarence Thomas,Justice

From the Center

The Supreme Court on Friday upheld a federal law that bars anyone subject to a domestic-violence restraining order from possessing a gun. By a vote of 8-1, the court ruled that the law does not violate the Constitution’s Second Amendment, which protects the β€œright of the people to keep and bear Arms.” The ruling in United States v. Rahimi was the court’s first Second Amendment case since it threw out New York’s handgun-licensing scheme nearly two years ago. In that case, New York State Rifle & Pistol Association v. Bruen, the majority emphasized that courts should uphold gun restrictions only when there is a tradition of such regulation in U.S. history.

In Rahimi, the court reiterated that test, but it emphasized that its Second Amendment cases β€œwere not meant to suggest a law trapped in amber.” Courts considering the constitutionality of restrictions on gun rights must determine, Chief Justice John Roberts explained, β€œwhether the new law is β€˜relevantly similar’ to laws that our tradition is understood to permit, applying faithfully the balance struck by the founding generation to modern circumstances.”

The challenge to the law came from a Texas man, Zackey Rahimi. In 2020, a court in Texas entered a civil protective order against him after an incident in a parking lot in which Rahimi dragged his girlfriend back to his car and pushed her inside, causing her to hit her head on the dashboard. Rahimi also fired a gun at a bystander who witnessed the argument. The protective order specifically barred Rahimi from having a gun.

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