The Supreme Court upholds a gun control law intended to protect domestic violence victims

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The justices ruled 8-1 in favor of a 1994 ban on firearms for people under restraining orders to stay away from their spouses or partners. Justice Clarence Thomas dissented.

to stay away from their spouses or partners. The justices reversed a ruling from the federal appeals court in New Orleans that had struck down the law.Chief Justice John Roberts, writing for the court, said the law uses “common sense” and applies only “after a judge determines that an individual poses a credible threat” of physical violence.bump stocksFriday’s case stemmed directly from the Supreme Court’s Bruen decision in June 2022.

Roberts turned to history in his opinion. “Since the founding, our nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms,” he wrote. The government “failed to produce any evidence” that the law is consistent with the nation’s historical tradition of firearm regulation, he wrote.Seven of the nine justices wrote opinions in the guns case spanning 94 pages, mainly focused on the proper use of history in evaluating gun restrictions and other limitations on constitutional rights.

Rahimi’s case reached the Supreme Court after prosecutors appealed a ruling that threw out his conviction for possessing guns while subject to a restraining order. The appeals court initially upheld the conviction under a balancing test that included whether the restriction enhances public safety. But the panel reversed course after Bruen. At least one district court has upheld the law since the Bruen decision.

Advocates for domestic violence victims and gun control groups had called on the court to uphold the law.

 

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