With conservatives and liberals joining the 8-1 majority, the decision was a major win for gun safety groups and victims of domestic violence. It limited a controversial standard the high court’s conservatives had set down in 2022 that required gun prohibitions to have a connection to history to survive constitutional scrutiny. But the majority opinion from Chief Justice John Roberts also left unanswered key questions about when the government may disarm non-violent criminals.
The history and tradition test Thomas put forth in that opinion paved the way for Rahimi’s victory at a lower court while also perplexing some jurists who saw it as an unworkable framework for examining the nation’s gun laws. The conservative 5th US Circuit Court of Appeals concluded that Bruen required a similar law in the nation’s history and that, without it, the prohibition must fall.
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