Supreme Court case considers Second Amendment rights for convicted domestic violence offenders

 November 6, 2023

The Supreme Court is set to consider a case over the Second Amendment rights of domestic violence offenders.

The justices will hear the case that could make it illegal for an American to own a firearm if convicted of a domestic violence crime.

The case

"The justices will review a ruling from the U.S. Court of Appeals for the 5th Circuit that utilized a new test established in Justice Clarence Thomas's 6-3 ruling in New York Rifle & Pistol Assn. v. Bruen last year, which determines whether gun control laws are constitutional based on the nation's 'historical tradition of firearm regulation,'" the Washington Examiner reported.

"In March, the 5th Circuit vacated the conviction of Texas drug dealer Zackey Rahimi under a 1994 federal statute that makes it a crime for people subject to civil domestic violence orders to possess guns, finding that it violated the novel Second Amendment test devised under Bruen," it added.

The implications

"What the court says in the context of guns for those under domestic violence restraining orders could apply to other laws facing challenges because of Bruen," Courthouse News Service reported.

"These include laws restricting gun possession by drug users, stopping people under indictment from purchasing new guns, prohibiting assault weapons and high-capacity magazines, requiring firearms to have serial numbers, and restricting convicted felons from possessing guns," it continued.

A second case

The Supreme Court has also agreed to hear a second gun-related case this session.

"The U.S. Supreme Court on Friday trained its sights once again on gun rights, agreeing to decide the legality of a federal ban imposed under former President Donald Trump on 'bump stock' devices that enable semiautomatic weapons to fire like machine guns," Reuters reported.

"The justices agreed to hear an appeal by President Joe Biden's administration of a lower court's ruling in favor of Michael Cargill, a gun shop owner and gun rights advocate from Austin, Texas, who challenged the ban that was put in place under Trump following a 2017 mass shooting in Las Vegas," it noted.

The Second Amendment cases could have strong implications for the next election cycle as the Biden administration continues its push for additional gun controls.

The case could also impact the Second Amendment rights of thousands of Americans, adding further complications to the already heated issue.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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