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Reason
Reason
Politics
Jacob Sullum

SCOTUS Dodges a Crucial Problem With Disarming People Based on Restraining Orders

A federal law that Congress enacted in 1994 prohibits gun possession by people subject to domestic violence restraining orders. Since that seems like a no-brainer, many people were dismayed when the U.S. Court of Appeals for the 5th Circuit deemed that provision unconstitutional last year in United States v. Rahimi. But as anyone who reads the majority and concurring opinions in that case can see, there is a striking problem with 18 USC 922(g)(8): It disarms people even when there is little or no evidence that they pose a danger to others.

In an 8–1 decision today, the Supreme Court avoided that issue by noting that the man who challenged his prosecution under Section 922(g)(8), Zackey Rahimi, is a bad dude with an extensive history of violence, including violence against his girlfriend. As applied to people like Rahimi, Chief Justice John Roberts says in the majority opinion, the law is "consistent with this Nation's historical tradition of firearm regulation"—the constitutional test that the Court established in the 2022 case New York State Rifle & Pistol Association v. Bruen.

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