On June 21, the United States Supreme Court issued its opinion in United States v Rahimi. This case sets an important precedent in the often contested area of gun control and Second Amendment rights.
Rahimi had a restraining order against him for assaulting his child's mother, shooting a gun, and threatening to kill her if she told anyone. He was not allowed to have a gun due to his past criminal record. He was charged with violating a federal law that prevents people who have a restraining order against them from hurting or threatening someone with whom they have a close relationship (like a spouse, significant other, or parent of their child) from possessing a firearm.
Rahimi argued that his conviction was wrong because the statute he was charged under violated his right to bear arms under the Second Amendment to the U.S. Constitution.
Supreme Court Says Gun Law Is Constitutional
In the opinion written by Chief Justice John Roberts, the United States Supreme Court denied Rahimi's request to overturn his conviction and remanded the case back to the Court of Appeals for the Fifth Circuit. The vote was 8 to 1 with Justice Clarence Thomas being the sole justice to vote against the decision.
The Court's majority opinion spoke about the history of gun laws in the United States. Since the beginning of the country, there has always been the right to deny someone the right to have firearms if they threatened to hurt other people. Protecting people from the threat of harm is one reason the U.S. and state governments do not violate the Constitution when they restrict access to firearms under certain circumstances.
This is an important decision, especially for victims of domestic violence who rely on restraining orders and related laws to prevent the people who assaulted or threatened them from having continued access to firearms. It is also important for the law enforcement community who is tasked with enforcing these laws. By leaving the firearm restriction in place, it allows for more safety for victims and society in general.
Changing Landscape of Gun Laws
Although it was based on the United States Supreme Court's previous cases, the Rahimi decision was different than recent gun rights cases decided by the Court which supported the rights of gun owners.
In D.C. v. Heller and McDonald v. Chicago, the Court determined that through avenue of the Fourteenth Amendment, the Second Amendment applied to state and/or local governments and protected an individual's right to own a firearm for actions like self-defense of their home. In both of these cases the right to have a firearm had previously been limited by the government through restrictive gun laws that were an attempt to help combat gun violence in each city. However, the Court found that a review of the historical context of the Second Amendment and the right to bear arms overrode the right of the government to issue the gun restrictions on citizens in most situations.
In New York State Rifle and Pistol Association v. Bruen the Court again followed the pattern established in Heller and McDonald and reviewed the New York laws regarding restrictions on firearm licensing and usage. The Court found that the New York law violated the Second Amendment through its licensing requirements as the laws caused the citizen to have to show "proper cause" for their request, a term that was not defined anywhere in the laws. The Court further outlined that the way courts should review gun laws is to decide if the governmental restrictions are in line with the words of the Second Amendment and with the historical context of the nation's gun laws.
As more and more gun restriction laws are challenged the Supreme Court's direction in these cases will provide a starting point for courts to conduct their review. However as seen by the Rahimi decision that does not automatically mean the firearms restrictions will be thrown out.
Related Resources
- Supreme Court Considers Challenge to Law Prohibiting Guns for People Under Restraining Orders (FindLaw's Federal Courts)
- State Gun Control Laws (FindLaw's Learn About the Law)
- The Domestic Violence Offender Gun Ban (FindLaw's Learn About the Law)
