In a significant ruling, the Supreme Court has placed new restrictions on the 2nd Amendment, affirming that individuals who have threatened a domestic partner may be denied their right to possess firearms. The 8-1 decision, authored by Chief Justice John G. Roberts Jr., upholds federal and state laws that allow for the removal of guns from individuals subject to domestic violence restraining orders.
The court’s verdict demonstrates the willingness of conservative justices to curtail the scope of the 2nd Amendment. The ruling overturns a previous decision by the conservative 5th Circuit Court of Appeals in New Orleans, which had struck down a portion of the Violence Against Women Act. This law empowers judges to confiscate firearms from individuals who pose a “credible threat” to a domestic partner or child.
Gun rights advocates have previously argued that responsible and law-abiding citizens have the right to possess firearms for self-defense, a position that the Supreme Court had previously supported. However, the court has now made it clear that the 2nd Amendment does not protect the rights of dangerous individuals who have threatened others.
Chief Justice Roberts stated, “An individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the 2nd Amendment.” Notably, seven other justices joined in signing the opinion, while Justice Clarence Thomas dissented alone.
The case before the court involved Zackey Rahimi, a Texas resident with a history of violent behavior. Rahimi, identified as a drug dealer, had engaged in five shooting incidents within a month in December 2020. He targeted a man who had allegedly spoken ill of him on social media, shot at a driver after a car accident, and fired into the air following a declined credit card at a fast-food restaurant.
A year prior to these incidents, Rahimi had assaulted and threatened a girlfriend with whom he had a child. He forcibly took her into his car, shot at a bystander who witnessed the assault, and later threatened to kill the woman if she reported the incident. In response, a judge issued a two-year restraining order that prohibited Rahimi from possessing firearms, warning him of federal consequences if he violated the order.
When police arrested Rahimi for the shooting incidents, they discovered multiple firearms, ammunition, cash, and a copy of the restraining order in his possession. He was subsequently indicted, pleaded guilty to violating the restraining order, and received a six-year prison sentence.
However, last year, the 5th Circuit Court of Appeals overturned Rahimi’s conviction, deeming the part of the federal law that denied guns to those accused of domestic violence as unconstitutional. The three-judge panel, including two appointees of former President Donald Trump, acknowledged the importance of protecting vulnerable individuals but maintained that the 2nd Amendment right belongs to all Americans, including individuals like Rahimi.
2 Responses
Do you think the Supreme Court’s ruling on restricting the 2nd Amendment rights of individuals who have threatened a domestic partner is a necessary measure to ensure public safety, or does it infringe upon the rights of law-abiding citizens? Why?
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