The U.S. Supreme Court has upheld a federal law prohibiting individuals under domestic violence restraining orders from possessing firearms, marking a significant victory for the Biden administration in its efforts to regulate gun ownership among individuals deemed dangerous.
In an 8-1 decision issued on Friday, the Court overturned a ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals, which had previously declared the 1994 law unconstitutional under the Second Amendment. The lower court had found that the law failed to meet the Supreme Court’s stringent test established in 2022, which mandates that gun regulations must align with the historical tradition of firearm regulation in the U.S.
The Biden administration defended the law as essential for protecting public safety and safeguarding abuse victims, predominantly women. The administration emphasized that firearms pose a significant threat in domestic violence situations and are particularly dangerous for law enforcement officers responding to such incidents.
The case centered on Zackey Rahimi, a Texas man convicted in 2021 for possessing firearms while under a restraining order for assaulting his girlfriend. Authorities discovered a pistol and rifle in his home during an investigation into at least five shootings, including one incident where he fired an assault-style rifle at a man’s house over a drug-related dispute.
A federal judge initially rejected Rahimi’s challenge to the law and sentenced him to over six years in prison. The penalty for violating the domestic violence gun ban was originally up to 10 years in prison but has since been increased to 15 years.
Public opinion strongly supports restrictions on firearm possession for individuals under domestic violence restraining orders. A Reuters/Ipsos poll conducted in May indicated that 75% of registered voters, including majorities of both Democrats and Republicans, agree that such individuals should not be allowed to own guns.
Despite the divisive nature of gun control debates in the U.S., the Supreme Court has previously expanded gun rights in notable rulings in 2008, 2010, and 2022. The 2022 decision in New York State Rifle and Pistol Association v. Bruen recognized a constitutional right to carry handguns in public for self-defense, invalidating New York State’s restrictions on carrying concealed weapons outside the home.
In a related development, the Supreme Court ruled on June 14, in a 6-3 decision, that a federal ban on “bump stock” devices, which enable semi-automatic weapons to fire rapidly like machine guns, was unlawful.
The 5th Circuit Court’s February 2023 decision to overturn Rahimi’s conviction argued that the 1994 law was inconsistent with the historical tradition of firearm regulation as outlined in the Bruen decision. However, the Supreme Court’s latest ruling reaffirms the federal government’s authority to restrict firearm possession among those under domestic violence restraining orders, aiming to balance Second Amendment rights with public safety concerns.
The Supreme Court heard arguments in Rahimi’s case in November, ultimately siding with the Biden administration’s position that the law is critical for reducing the risks associated with domestic violence and firearm possession.
