DOJ Asks SCOTUS To Quickly Restore Ban On Guns In Domestic Violence Cases

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by Tyler Durden
Wednesday, Mar 22, 2023 - 11:40 PM

Authored by Matthew Vadum via The Epoch Times (emphasis ours),

U.S. Attorney General Merrick Garland speaks during a press conference at the U.S. Department of Justice in Washington on March 7, 2023. (Anna Moneymaker/Getty Images)

The Biden administration formally asked the Supreme Court to review an appeals court ruling that invalidated a federal law that bars people under domestic violence-related restraining orders from possessing firearms.

U.S. Solicitor General Elizabeth Prelogar filed the new petition (pdf) in United States v. Rahimi, court file 22-915, which was docketed by the Supreme Court on March 21.

Because the appeals court ruling has “significant disruptive consequences,” Prelogar asked the Supreme Court to expedite consideration of the government’s petition in the hope the court would “consider the petition before it recesses for the summer.”

The appeals court “overlooked the strong historical evidence supporting the general principle that the government may disarm dangerous individuals,” Prelogar wrote.

The request came after the U.S. Court of Appeals for the 5th Circuit in February struck down Section 922(g)(8) of Title 18 of the U.S. Code, a 1994 law that prohibits a person who is subject to a domestic restraining order from having a gun.

The 5th Circuit determined that the law had ceased to be constitutional in light of the Supreme Court’s landmark June 2022 ruling in New York State Rifle and Pistol Association v. Bruen. That decision held that restrictions on guns must be deeply rooted in American history if they are to survive constitutional scrutiny.

The ban on the possession of firearms by someone under a domestic restraining order “is an outlier that our ancestors would never have accepted,” the circuit court stated in its ruling.

The case involves Zackey Rahimi of Texas, who previously entered a guilty plea to violating the statute. Rahimi was involved in five shooting incidents after the restraining order was entered against him in February 2020. After the Bruen decision was handed down, Rahimi asked the courts to review his conviction given the change in Second Amendment jurisprudence.

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