The U.S. Supreme Court on Friday upheld a federal ban on firearms for people under domestic violence restraining orders.
The 8-1 opinion was authored by Chief Justice John Roberts. Justice Clarence Thomas dissented.
“When a restraining order contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may—consistent with the Second Amendment—be banned from possessing firearms while the order is in effect,” Roberts wrote. “Since the founding, our Nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms.”
An exterior view of the Supreme Court on June 20, 2024 in Washington, DC.
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In other words, the court held someone in those circumstances could be temporarily disarmed.
The case, U.S. v. Rahimi, marked a major test for the court since its decision in 2022 that expanded gun rights and created a new framework for evaluating Second Amendment cases.
The 1994 federal statute at the center of the case requires thousands of domestic violence restraining orders issued each year by federal and state judges to be reported to the national background check system, which would serve as a basis to deny a firearm sale.
“Taken together, the surety and going armed laws confirm what common sense suggests: When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed,” Roberts wrote.
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The Supreme Court recently made a significant ruling affirming the federal prohibition on firearms for domestic violence offenders. This decision has far-reaching implications for both the safety of victims of domestic violence and the enforcement of gun control laws in the United States.
The case in question, United States v. Hayes, involved a man who had been convicted of a misdemeanor domestic violence offense in state court. Despite this conviction, the man attempted to purchase a firearm from a licensed dealer, which is prohibited under federal law for individuals with domestic violence convictions. The man argued that his conviction did not meet the federal definition of a “misdemeanor crime of domestic violence,” but the Supreme Court ultimately ruled against him, upholding the federal prohibition.
This ruling is significant because it reinforces the federal government’s authority to regulate firearms and protect victims of domestic violence. Research has shown that the presence of a firearm in a domestic violence situation significantly increases the risk of homicide for the victim. By prohibiting individuals with domestic violence convictions from owning firearms, the federal government is taking a proactive step to prevent further violence and protect vulnerable individuals.
Furthermore, this decision highlights the importance of enforcing existing gun control laws. Despite the federal prohibition on firearms for domestic violence offenders, there have been instances where individuals with domestic violence convictions have been able to purchase guns due to loopholes in the system or lack of enforcement. The Supreme Court’s ruling serves as a reminder that these laws must be upheld and enforced to ensure the safety of all individuals, particularly those at risk of domestic violence.
In addition to the legal implications of this ruling, it also sends a powerful message about the societal attitude towards domestic violence. By affirming the federal prohibition on firearms for domestic violence offenders, the Supreme Court is sending a clear message that domestic violence is a serious crime that will not be tolerated. This decision reinforces the idea that individuals who commit acts of domestic violence should not have access to firearms, as they pose a significant risk to their victims and others.
Overall, the Supreme Court’s decision in United States v. Hayes is a significant victory for gun control advocates and victims of domestic violence. By upholding the federal prohibition on firearms for domestic violence offenders, the Court is taking a stand against gun violence and sending a strong message about the importance of protecting victims of domestic abuse. This ruling serves as a reminder that enforcing existing gun control laws is crucial in preventing further violence and ensuring the safety of all individuals.
