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SCOTUS Upcoming Decision on The Right to Own a Gun for Domestic Abusers

Posted by Sara Cooper | Jul 05, 2023 | 0 Comments

Next term starting in October, the Supreme Court will decide whether people who are subject to domestic violence orders can possess a gun under federal law. This is the first Second Amendment case that has been taken to the Supreme Court since the last decision made to allow firearms to be carried in public, bringing the Federal Firearms Act issue to hand.

In the wake of the 2022 Supreme Court take of New York State Rifle & Pistol Association Inc. v. Bruen, that decision created a new legal test for the constitutionality of gun regulations that relies on the history and tradition of the founding era. With the earlier ruling that modern gun regulations must be consistent with historical traditions of firearm regulations, lower courts are having difficulty applying the test.

The Biden administration asked the justices to overturn a February decision from a panel of the U.S. Court of Appeals for the 5th Circuit that tossed a federal restriction on firearm possession for people subject to domestic violence restraining orders. Solicitor General Elizabeth Prelogar asked the justices to review the decision by defending the argument that there is public safety to be considered and the importance of keeping firearms away from people who pose a danger to society.

The Bruen Test takes the replacement of the New York law, where it applies to the restriction on possession of guns without a serial number, a restriction on gun possession while under felony indictment, and a restriction on gun possession for nonviolent felons.

“Governments have long disarmed individuals who pose a threat to the safety of others, and Section 922(g)(8) falls comfortably within that tradition,” the Justice Department wrote in its request. “The Fifth Circuit's contrary decision misapplies this Court's precedents, conflicts with the decisions of other courts of appeals, and threatens grave harms for victims of domestic violence.”

Supreme Court to decide gun rights case on domestic violence - Roll Call

Supreme Court to consider whether domestic abusers can own guns : NPR

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