US Supreme Court upholds gun ban on domestic abusers | US Supreme Court

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The U.S. Supreme Court has upheld a federal ban prohibiting anyone under a domestic violence restraining order from possessing a firearm.

The decision in US v. Rahimi, supported by eight justices to one, with Clarence Thomas dissenting, will leave in place legal protections against a major source of gun violence in America.

In his opinion, Chief Justice John Roberts said individuals can be temporarily disarmed if they pose a credible threat to the physical safety of others without violating the Constitution's Second Amendment, which authorizes the right to carry weapons. weapons.

Since their inception, the nation's gun laws have included regulations intended to prevent individuals who threaten physical harm to others from misusing their firearms, he wrote.

The ruling will come as a relief to gun control advocates who feared that the ability to disarm dangerous people would fall prey to the sweeping interpretation of the Second Amendment proposed by the courts' vast conservative majority.

Merrick Garland, the U.S. Attorney General, welcomed the decision as confirmation that the common-sense ban is fully consistent with the Second Amendment, adding that the Justice Department would continue to enforce this important law.

Gun control groups and individual victims of domestic violence shootings also expressed relief.

LaShea Cretain, a member of Everytown for Gun Safety, who herself was shot by her former boyfriend in front of her young children and recovered from a coma, said the Rahimi decision means fewer children will see their mothers , sisters, aunts and friends suffer armed violence. at the hands of attackers, like mine.

The stakes in the Rahimi case were high, given the heavy toll on armed perpetrators of domestic violence. As U.S. Attorney General Elizabeth Prelogar noted in oral arguments in November, a woman who lives in a home with a domestic abuser is five times more likely to be murdered if he has access to to a firearm.

Kelly Roskam, director of law and policy at the Johns Hopkins Center for Gun Violence Solutions, responded after the ruling was issued saying it was consistent with clear research findings. Armed domestic abusers are dangerous to their intimate partners, family, friends, law enforcement and the community at large, Roskam said.

The chief judge's ruling is a rebuke to the Fifth Circuit Court of Appeals, which previously ruled that banning gun ownership for people subject to violence restraining orders domestic was unconstitutional.

The Fifth Circuit is the most far-right appeals court in the country and has been the crucible of several aggressive cases before the Supreme Court, including the recent mifepristone case in which the justices also sided against the court call to maintain access. to the abortion pill.

Six of the Fifth Circuit's 17 judges were appointed by Donald Trump.

The Rahimi decision also sees the nation's most powerful court take a step back from the hard-line view of free access to guns it laid out two years ago in the landmark New York State Rifle and Pistol ruling Association against Bruen. In that case, the six conservative justices allowed handguns to be carried in public in most cases.

They said any restrictions on ownership must be consistent with the history and tradition of gun regulation dating back to the 18th century. Gun control groups feared the move could be used to dismantle already lax U.S. regulations, with potentially disastrous consequences.

Now, Roberts has clarified Bruen, smoothing out some of his rough edges. In his ruling, he commented acerbically that some courts had misunderstood the methodology of our recent Second Amendment cases. These precedents were not intended to suggest a law locked in amber.

The Rahimi case involved a drug dealer, Zackey Rahimi, who was placed under a restraining order after he abused his girlfriend in a Texas parking lot and shot a bystander. He was allegedly involved in five other shootings before being arrested and found to have firearms in his home, in violation of the ban on anyone subject to a restraining order for violence domestic servant to possess firearms.

Rahimi challenged the ban, calling it unconstitutional, and won support from the Fifth Circuit Court of Appeals, triggering the case that has now been decided by the Supreme Court.

In his opinion, Roberts called the decision to maintain the ban on gun possession by people subject to a domestic violence order common sense. He wrote: When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed.

He added that such a view is part of the country's regulatory tradition.

Thomas made his displeasure with his eight peers in the field clear by issuing a 32-page dissent. In it, he reaffirms the formula laid out by him and his fellow far-right judges that gun bans could only be constitutional under the Second Amendment if they are consistent with the country's historic tradition of regulating firearms. fire arms.

Not a single historic regulation justifies the law in question, he lamented.

Sources 1/ https://Google.com/ 2/ https://www.theguardian.com/us-news/ng-interactive/2024/jun/21/supreme-court-domestic-violence-gun-ban The mention sources can contact us to remove/changing this article

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