In two previous posts (here and here) I've pointed out some erroneous arguments by Merrick Garland's Justice Department in its reply brief filed in United States v. Rahimi. That's the case in which the Fifth Circuit recently struck down a federal statute imposing additional penalties, including a ban on the possession of firearms, on individuals subject to state domestic violence restraining orders (DVROs). The Supreme Court will hear argument in the case on November 7.
Here are several more, ranging from basic errors to nonsensical arguments. Each begins with a quote from the reply brief in italics, followed by a rebuttal.
"Rahimi next objects to the government's reliance on 19th-century surety statutes, under which potentially irresponsible persons could be required to post bond in order to carry firearms. But those laws illustrate the principle that legislatures may keep firearms away from those who are apt to misuse them."
