Who saw this coming?
On Friday, the Supreme Court affirmed a federal law prohibiting individuals under domestic violence restraining orders from possessing firearms. This decision represents a significant victory for President Joe Biden’s administration as the Court refrained from further expanding gun rights following a landmark 2022 ruling.
In an 8-1 decision, the Court overturned a lower court’s ruling that had invalidated the 1994 law, deeming it unconstitutional under the Second Amendment’s right to “keep and bear arms.” The 5th U.S. Circuit Court of Appeals in New Orleans had previously found that the law did not meet the Supreme Court’s 2022 standard, which requires gun regulations to align with the nation’s historical tradition of firearm control.
The Biden administration argued that maintaining the law is essential for public safety and the protection of abuse victims, many of whom are women. They emphasized that historically, the U.S. has restricted gun access for individuals considered dangerous, noting the heightened risk firearms pose in domestic violence situations and to law enforcement officers responding to such incidents.
The case centered on Zackey Rahimi, a Texas man who, in 2021, pleaded guilty to unlawfully possessing firearms while under a restraining order for assaulting his girlfriend and threatening to shoot her. Authorities discovered a pistol and rifle at his residence during a search related to multiple shootings, including an incident where he fired an assault-style rifle at a man’s house to whom he had sold drugs.
A federal judge dismissed Rahimi’s Second Amendment challenge and sentenced him to over six years in prison. Initially, violating the domestic violence gun law could result in up to 10 years in prison, a sentence that has since been increased to 15 years.
Public opinion heavily favors the restriction, with a May Reuters/Ipsos poll revealing that 75% of registered voters, including 84% of Democrats and 70% of Republicans, believe that individuals subject to domestic violence restraining orders should not possess firearms.
The United States remains deeply divided on how to handle gun violence, including the frequent occurrence of mass shootings. The Supreme Court has historically adopted an expansive interpretation of the Second Amendment, broadening gun rights in key decisions in 2008, 2010, and 2022.
In 2022, the Court ruled in New York State Rifle and Pistol Association v. Bruen that the Constitution protects the right to carry a handgun in public for self-defense, striking down New York state’s restrictions on carrying concealed handguns outside the home.
Additionally, on June 14, the Supreme Court, in a 6-3 decision driven by its conservative majority, invalidated a federal ban on “bump stock” devices, which enable semiautomatic weapons to fire rapidly like machine guns.
In February 2023, the 5th Circuit overturned Rahimi’s conviction, arguing that the 1994 law was an “outlier” that did not meet the “historical tradition” standard established by the Bruen decision. Rahimi’s supporters contend that restraining orders are often issued too readily, resulting in the unfair loss of constitutional gun rights for the accused.
The Supreme Court heard oral arguments for this case in November.