Three decades ago, Congress enacted a law that seemed commonsensical: It prohibits gun possession by people who are subject to restraining orders aimed at preventing domestic violence. But as the legal battle over that rule shows, its intuitive appeal is complicated by the reality that judges often issue such orders without any credible evidence that the respondent poses a danger.
That policy, according to a unanimous decision by the U.S. Court of Appeals for the 5th Circuit, is inconsistent with the Second Amendment. Not so, says the Biden administration, which last month filed a petition asking the Supreme Court to overturn the 5th Circuit's decision.
