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Supreme Court will hear landmark Second Amendment case

The Fifth Circuit initially upheld the validity of a law banning individuals under domestic abuse restraining orders from owning guns, yet the decision was withdrawn after the Supreme Court ruled that carrying a pistol in public is a constitutional right.

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Officials at the Department of Justice asked the Supreme Court to overturn the Fifth Circuit reversal, thereby preserving the federal law against firearm ownership for individuals under domestic violence restraining orders. File Image.

Members of the Supreme Court will hear oral arguments on Tuesday for a case about gun confiscation for domestic abusers with restraining orders, which could have broader implications for Second Amendment liberties.

 

Federal law disallows individuals who are subject to a civil domestic order of protection to possess weapons. Zackey Rahimi, a drug dealer in Texas, was forbidden from owning a firearm after his girlfriend requested a restraining order against him. He later committed a number of unrelated shootings and violated the restraining order, but contended that his charges related to violating the ban on gun ownership violate his rights under the Second Amendment.

 

 

The Fifth Circuit Court of Appeals initially upheld the validity of the federal law, yet the decision was withdrawn after the Supreme Court ruled last summer that carrying a pistol in public is a constitutional right. Officials at the Department of Justice then asked the Supreme Court to overturn the Fifth Circuit reversal, thereby preserving the federal law against firearm ownership for individuals under domestic violence restraining orders.

 

Gun Owners of America Senior Vice President Erich Pratt said in comments to The Sentinel that judges often “use restraining orders during divorce proceedings to disarm both women and their abusers alike,” meaning that the Supreme Court could rule such that victims can be disarmed.

 

“Empirical evidence demonstrates that this harms women, while benefiting violent men like Zackey Rahimi, who should be in jail because of the violent crimes he’s committed,” Pratt remarked. “The Biden administration wants to use the Rahimi case to further solidify gun control on the books, even though these laws disarm helpless victims.”

 

 

Pratt also told The Sentinel that President Joe Biden should instead ensure “Rahimi lives the rest of his days behind bars” because of “the multiple violent felonies he’s perpetrated.”

 

The oral arguments come as Biden places gun control at the center of his agenda and takes actions to regulate firearms. He signed an executive order this year directing officials to move the nation “as close to universal background checks as possible without additional legislation,” as well as “increase appropriate use” of red flag orders and “safe storage of firearms.”

 

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