The U.S. Supreme Court on Friday ruled in U.S. v. Rahimi that the federal ban on persons subject to domestic violence restraining orders (DVROs) is constitutional.
The 8-1 majority handed down the first major high court decision on the Second Amendment since 2022’s landmark Bruen case, and the National Rifle Association (NRA) responded to the judgment.
The gun rights group noted the intentionally narrow scope of the ruling by the justices. It cautioned that it should not be interpreted as opening the doors to further gun control actions that violate citizens’ rights.
NRA-ILA Executive Director Randy Kozuch explained the limitations of the decision. “The Supreme Court’s narrow opinion offers no endorsement of red flag laws or of the dozens of other unconstitutional laws that the NRA is challenging across the country that burden the right of peaceable Americans to keep and bear arms.”
Kozuch added, “This decision holds only that an individual who poses a clear threat of violence may be temporarily disarmed after a judicial finding of dangerousness.”
A Texas plaintiff, Zachey Rahimi, was charged with several firearms violations while under a DVRO. An appeals court ruled in his favor earlier, but the Supreme Court struck that down last week.
The justices determined that there is significant historical precedent in the nation’s laws under the Bruen test to uphold the federal prohibition. Chief Justice John Roberts wrote that there are instances when authorities are within their rights to take guns away from a dangerous person.
“When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed.”
Gun rights scholars note Roberts further asserted that if the Second Amendment protects weapons that did not exist in the Founding Era, it also allows more regulations than were in place when the Constitution and Bill of Rights were written.
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