by Katelynn Richardson, The Daily Caller:
- The Supreme Court will hear a case this coming term, United States v. Rahimi, that could have significant ramifications for Second Amendment law.
- The case centers on Zackey Rahimi — an individual who is “hardly a model citizen,” as the Fifth Circuit acknowledged while siding with him — and his constitutional challenge to the statute he was convicted under, which bars subjects of domestic violence restraining owners from possessing firearms.
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- “The question is whether a restraining order achieved through the civil law process (lower burden of proof), and not the criminal law process (higher burden of proof) is enough to strip a person’s constitutional rights when that person has not been convicted of a felony,” John Shu, an attorney and legal commentator who served in the George H.W. Bush and George W. Bush administrations, told the Daily Caller News Foundation.
The Supreme Court will hear a case this coming term challenging a federal law that prohibits individuals subject to domestic violence restraining orders from possessing firearms, which is expected to shape the future of Second Amendment law.
Zackey Rahimi, the individual at the center of the case, was involved in five shootings between December 2020 and January 2021, in one instance firing shots into the air after his friend’s credit card was declined at a Whataburger, according to court documents. When police obtained a warrant to search his home, they found him in possession of a firearm, a violation of a civil protective order entered against him in February 2020 for allegedly assaulting his ex-girlfriend.
A federal grand jury indicted Rahimi under a statute barring subjects of domestic violence restraining owners from possessing firearms. The Fifth Circuit agreed with Rahimi’s challenge to the law’s constitutionality in February, finding it did not fit “within our Nation’s historical tradition of firearm regulation,” the standard set out in the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen.
