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United States v. Rahimi, argued before the Supreme Court this fall, raises the question of whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic violence restraining orders, violates the Second Amendment on its face.
When executing a search warrant on Texas resident Zackey Rahimi’s home in relation to a series of shootings in which he was a suspect, police found a rifle and pistol. Rahimi, however, was subject to a domestic violence restraining order after the alleged assault of his former girlfriend, a protective order that specifically barred him from possessing a firearm. He was indicted under 18 U.S.C. § 922(g)(8) (a federal statute that makes it illegal for those who are subject to domestic violence restraining orders to possess a firearm).
Rahimi challenged that indictment, arguing the law is facially unconstitutional and violates the Second Amendment. Initially, both the federal district court and the U.S. Court of Appeals for the 5th Circuit upheld the law, but, following the Supreme Court’s decision in Bruen, the Fifth Circuit reversed and vacated Rahimi’s conviction. The decision was appealed and oral argument occurred before SCOTUS on November 7, 2023.
In this recorded webinar, Mark Smith joined us to break down and analyze how oral argument went before the Court.
–Mark W. Smith, Senior Fellow, Ave Maria School of Law, and Host of the Four Boxes Diner Second Amendment Channel
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