Alu & Steve Break down U.S. v. Rahimi Supreme Court Decision
At long last, SCOTUS has published their decision in U.S. v. Rahimi. The case arose from a conviction of a Texas man named Zackey Rahimi, who was found guilty of violating a federal law. Specifically, Rahimi violated 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by anyone who is the subject of a domestic violence restraining order. Interestingly, the restraining orders are issued by state courts, while the law in question is federal. Additionally, each state has analogous laws making it a crime for someone to possess firearms while being the subject of a restraining order. Rahimi challenged the federal law as unconstitutional on its face due to conflicting with the Second Amendment as interpreted in NYSRPA v. Bruen (2022). In Bruen, the SCOTUS held that a restriction of any firearms right (anything that conflicts with the clear text of the 2nd Amendment) could only be constitutional if the same law or policy existed at the time the Amendment was ratified in 1791. For this case, the SCOTUS would have to determine whether restraining order gun prohibitions existed in 1791, unless they wanted to scrap the Bruen test and create another standard.
Read the full article: https://libertyblock.com/alus-analysis-on-the-u-s-v-rahimi-supreme-court-decision/
Read the full decision: https://supreme.justia.com/cases/federal/us/602/22-915/case.pdf
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