June 30, 2023 1:54pm EDT
Supreme Court to take up major domestic violence gun case
The Supreme Court will decide whether the Second Amendment allows those under domestic violence restraining orders to own guns
By Chris Pandolfo , Bill Mears , Shannon Bream | Fox News
The Supreme Court on Friday agreed to review whether a federal law that bans people under domestic violence restraining orders from owning firearms violates the Second Amendment.
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled last month that people under domestic violence restraining orders retain their constitutional right to own firearms, finding that the federal law prohibiting them from doing so was unconstitutional under the Supreme Court's landmark New York State Rifle & Pistol Association Inc. v. Bruen decision.
The Department of Justice appealed the decision in March, and the Supreme Court has now agreed to take up the case in its next term.
The case, United States v. Zackey Rahimi, concerns a man who was the subject of a civil protective order that banned him from harassing, stalking or threatening his ex-girlfriend and their child. The order also banned him from having any guns.
Police in Texas found a rifle and a pistol in the man's home. He was indicted by a federal grand jury and pleaded guilty. He later challenged his indictment, arguing that the law that prevented him from owning a gun was unconstitutional.
He lost his case in federal appeals court, which held that it was more important for society to keep guns out of the hands of people accused of domestic violence than it was to protect a person's individual right to own a gun.
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