Please ensure Javascript is enabled for purposes of website accessibility
The Supreme Court Upholds a Gun Control Law Intended to Protect Domestic Violence Victims
gvw_ap_news
By Associated Press
Published 1 year ago on
June 21, 2024

The Supreme Court's recent decision on a federal gun control law aimed at protecting domestic violence victims has sparked both debate and praise. (AP/Mark Schiefelbein)

Share

Getting your Trinity Audio player ready...

The Supreme Court on Friday upheld a federal gun control law that is intended to protect victims of domestic violence.

In their first Second Amendment case since they expanded gun rights in 2022, the justices ruled 8-1 in favor of a 1994 ban on firearms for people under restraining orders to stay away from their spouses or partners. The justices reversed a ruling from the federal appeals court in New Orleans that had struck down the law.

Chief Justice John Roberts, writing for the court, said the law uses “common sense” and applies only “after a judge determines that an individual poses a credible threat” of physical violence.

Justice Clarence Thomas, the author of the major 2022 Bruen ruling in a New York case, dissented.

President Joe Biden, who has been critical of previous high-court rulings on guns, abortion and other hot-button issues, praised the outcome.

“No one who has been abused should have to worry about their abuser getting a gun,” Biden said in a statement. “As a result of today’s ruling, survivors of domestic violence and their families will still be able to count on critical protections, just as they have for the past three decades.”

Previous Court Decisions and Their Impact

Last week, the court overturned a Trump-era ban on bump stocks, the rapid-fire gun accessories used in the deadliest mass shooting in modern U.S. history. The court ruled that the Justice Department exceeded its authority in imposing that ban.

Friday’s case stemmed directly from the Supreme Court’s Bruen decision in June 2022. A Texas man, Zackey Rahimi, was accused of hitting his girlfriend during an argument in a parking lot and later threatening to shoot her.

At arguments in November, some justices voiced concern that a ruling for Rahimi could also jeopardize the background check system that the Biden administration said has stopped more than 75,000 gun sales in the past 25 years based on domestic violence protective orders.

Implications for Future Cases

The case also had been closely watched for its potential to affect cases in which other gun ownership laws have been called into question, including in the high-profile prosecution of Hunter Biden. Biden’s son was convicted of lying on a form to buy a firearm while he was addicted to drugs. His lawyers have signaled they will appeal.

A decision to strike down the domestic violence gun law might have signaled the court’s skepticism of the other laws as well. But Friday’s decision did not suggest that the court would necessarily uphold those law either.

The justices could weigh in soon in one or more of those other cases.

Many of the gun law cases grow out of the Bruen decision. That high court ruling not only expanded Americans’ gun rights under the Constitution but also changed the way courts are supposed to evaluate restrictions on firearms.

Roberts turned to history in his opinion. “Since the founding, our nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms,” he wrote.

Some courts have gone too far, Roberts wrote, in applying Bruen and other gun rights cases. “These precedents were not meant to suggest a law trapped in amber,” he wrote.

In dissent, Thomas wrote, the law “strips an individual of his ability to possess firearms and ammunition without any due process.”

The government “failed to produce any evidence” that the law is consistent with the nation’s historical tradition of firearm regulation, he wrote.

“Not a single historical regulation justifies the statute at issue,” Thomas wrote.

Seven of the nine justices wrote opinions in the guns case spanning 94 pages, mainly focused on the proper use of history in evaluating gun restrictions and other limitations on constitutional rights.

Justice Sonia Sotomayor wrote that Roberts’ opinion “permits a historical inquiry calibrated to reveal something useful and transferable to the present day, while the dissent would make the historical inquiry so exacting as to be useless.” She was among the three liberal justices who dissented in the Bruen case.

Justice Brett Kavanaugh, who was part of the Bruen majority, noted that the court probably will have many more cases about the reach of gun rights because “Second Amendment jurisprudence is in its early innings.” It was only in 2008 that the court declared for the first time that the Constitution protects an individual’s right to keep and bear arms.

Rahimi’s case reached the Supreme Court after prosecutors appealed a ruling that threw out his conviction for possessing guns while subject to a restraining order.

Rahimi was involved in five shootings over two months in and around Arlington, Texas, U.S. Circuit Judge Cory Wilson noted. When police identified Rahimi as a suspect in the shootings and showed up at his home with a search warrant, he admitted having guns in the house and being subject to a domestic violence restraining order that prohibited gun possession, Wilson wrote.

But even though Rahimi was hardly “a model citizen,” Wilson wrote, the law at issue could not be justified by looking to history. That’s the test Justice Thomas laid out in his opinion for the court in Bruen.

The appeals court initially upheld the conviction under a balancing test that included whether the restriction enhances public safety. But the panel reversed course after Bruen. At least one district court has upheld the law since the Bruen decision.

After the ruling, Attorney General Merrick Garland said the Justice Department “will continue to enforce this important statute, which for nearly 30 years has helped to protect victims and survivors of domestic violence from their abusers.”

“As the Justice Department argued, and as the Court reaffirmed today, that commonsense prohibition is entirely consistent with the Court’s precedent and the text and history of the Second Amendment,” Garland said in a statement.

Advocates for domestic violence victims and gun control groups had called on the court to uphold the law.

Firearms are the most common weapon used in homicides of spouses, intimate partners, children or relatives in recent years, according to data from the federal Centers for Disease Control and Prevention. Guns were used in more than half, 57%, of those killings in 2020, a year that saw an overall increase in domestic violence during the coronavirus pandemic.

Seventy women a month, on average, are shot and killed by intimate partners, according to the gun control group Everytown for Gun Safety.

Gun rights groups backed Rahimi, arguing that the appeals court got it right when it looked at American history and found no restriction close enough to justify the gun ban.

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Advisory Warns of ‘Heightened Threat Environment’ in US After Iran Strikes

DON'T MISS

Muslim Countries to Set up Contact Group to Seek Israel-Iran De-Escalation

DON'T MISS

Visalia Police Seek Public’s Help in Sexual Assault Investigation

DON'T MISS

Despite Clashes With US Presidents, Israel’s Netanyahu Usually Gets His Way

DON'T MISS

Pope Leo Urges International Diplomacy to Prevent ‘Irreparable Abyss’

DON'T MISS

Oil to Open Higher as US Strikes on Iran Boost Supply Risk Premium

DON'T MISS

US Strikes Against Iran Not Aimed at Regime Change, Pentagon Chief Says

DON'T MISS

US Bombing of Iran Started With a Fake-Out

DON'T MISS

Pakistan Condemns Trump’s Bombing of Iran a Day After Nominating Him for Peace Prize

DON'T MISS

World Awaits Iran’s Response After Trump Says US ‘Obliterates’ Nuclear Sites

UP NEXT

Muslim Countries to Set up Contact Group to Seek Israel-Iran De-Escalation

UP NEXT

Visalia Police Seek Public’s Help in Sexual Assault Investigation

UP NEXT

Despite Clashes With US Presidents, Israel’s Netanyahu Usually Gets His Way

UP NEXT

Pope Leo Urges International Diplomacy to Prevent ‘Irreparable Abyss’

UP NEXT

Oil to Open Higher as US Strikes on Iran Boost Supply Risk Premium

UP NEXT

US Strikes Against Iran Not Aimed at Regime Change, Pentagon Chief Says

UP NEXT

US Bombing of Iran Started With a Fake-Out

UP NEXT

Pakistan Condemns Trump’s Bombing of Iran a Day After Nominating Him for Peace Prize

UP NEXT

World Awaits Iran’s Response After Trump Says US ‘Obliterates’ Nuclear Sites

UP NEXT

Mariska Hargitay Comes to Terms With a Lifetime of Family Secrets

Despite Clashes With US Presidents, Israel’s Netanyahu Usually Gets His Way

20 hours ago

Pope Leo Urges International Diplomacy to Prevent ‘Irreparable Abyss’

20 hours ago

Oil to Open Higher as US Strikes on Iran Boost Supply Risk Premium

20 hours ago

US Strikes Against Iran Not Aimed at Regime Change, Pentagon Chief Says

20 hours ago

US Bombing of Iran Started With a Fake-Out

20 hours ago

Pakistan Condemns Trump’s Bombing of Iran a Day After Nominating Him for Peace Prize

21 hours ago

World Awaits Iran’s Response After Trump Says US ‘Obliterates’ Nuclear Sites

21 hours ago

Mariska Hargitay Comes to Terms With a Lifetime of Family Secrets

22 hours ago

Mysterious Ancient Humans Now Have a Face

22 hours ago

World Leaders React to US Attack on Iran

1 day ago

Advisory Warns of ‘Heightened Threat Environment’ in US After Iran Strikes

WASHINGTON  -An advisory from the U.S. Department of Homeland Security warned on Sunday of a “heightened threat environment in the Uni...

20 hours ago

A "No war on Iran" banner is held as people attend an anti-war demonstration in Los Angeles, California, U.S., June 21, 2025. (Reuters File)
20 hours ago

Advisory Warns of ‘Heightened Threat Environment’ in US After Iran Strikes

Turkey's President Tayyip Erdogan meets with Iranian Foreign Minister Abbas Araghchi as they are flanked by Turkish Foreign Minister Hakan Fidan and members of Turkish and Iranian delegations, during the 51st Session of the Council of Foreign Ministers of the Organisation of Islamic Cooperation (OIC), in Istanbul, Turkey, June 21, 2025. (Reuters File)
20 hours ago

Muslim Countries to Set up Contact Group to Seek Israel-Iran De-Escalation

20 hours ago

Visalia Police Seek Public’s Help in Sexual Assault Investigation

President Donald Trump speaks as Israeli Prime Minister Benjamin Netanyahu waves following a meeting in the White House, in Washington, U.S., April 7, 2025. (Reuters/Kevin Mohatt)
20 hours ago

Despite Clashes With US Presidents, Israel’s Netanyahu Usually Gets His Way

Pope Leo XIV holds a Jubilee audience on the occasion of the Jubilee of Sport, at St. Peter's Basilica, at the Vatican June 14, 2025. (Reuters File)
20 hours ago

Pope Leo Urges International Diplomacy to Prevent ‘Irreparable Abyss’

An oil tanker is being loaded at Saudi Aramco's Ras Tanura oil refinery and oil terminal in Saudi Arabia May 21, 2018. (Reuters File)
20 hours ago

Oil to Open Higher as US Strikes on Iran Boost Supply Risk Premium

U.S. Secretary of Defense Pete Hegseth holds a briefing at the Pentagon, after the U.S. struck Iranian nuclear facilities, during the Israel-Iran conflict, in Arlington, Virginia, U.S., June 22, 2025 in this still image taken from handout video. Reuters TV/U.S. Department of Defense/Handout via REUTERS
20 hours ago

US Strikes Against Iran Not Aimed at Regime Change, Pentagon Chief Says

A satellite view shows an overview of Fordow underground complex, after the U.S. struck the underground nuclear facility, near Qom, Iran June 22, 2025. MAXAR TECHNOLOGIES/Handout via REUTERS
20 hours ago

US Bombing of Iran Started With a Fake-Out

Help continue the work that gets you the news that matters most.

Search

Send this to a friend