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 July 2, 2023

Supreme Court will hear controversial gun case involving gun rights of those accused of domestic violence

The New York Times reports that the justices of the U.S. Supreme Court have agreed to hear an important gun rights case. 

The outlet reports that the justices will "consider whether the government may forbid people subject to domestic violence orders from having guns."

The case is United States v. Rahimi. 

Zackey Rahimi, a drug dealer from Texas who has a history of armed violence, had his handgun license suspended in 2019 after he threatened to shoot his girlfriend if she told anyone that he had assaulted her. Rahimi, however, did not stop there.

Rahimi went on to threaten another woman with a gun. And, in addition to this, he opened fire in public five times in the span of about two months. On one of those occassions, for example, he shot several bullets into the air after his friend's credit card was declined at a fast-food restaurant.

Law enforcement subsequently conducted a search warrant of Rahimi's home. During the search, weapons were found, and this resulted in Rahimi being charged with violating federal law.

Rahimi, in court, attempted to challenge the federal law that was used to charge him as violating the Second Amendment. His challenge, however, failed - until the U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen. 

In Bruen, the justices ruled that, for a gun control-type law to be successful, "the government must demonstrate that the regulation is consistent with this nation’s historical tradition of firearm regulation."

Justice Clarence Thomas, the author of Bruen's majority decision, added:

Analogical reasoning requires only that the government identify a well-established and representative historical analogue, not a historical twin. So even if a modern-day regulation is not a dead ringer for historical precursors, it still may be analogous enough to pass constitutional muster.

Following that decision, a federal appellate court ruled in Rahimi's favor. It did so after it attempted to apply the new standard put forth in Bruen. 

This prompted the administration of President Joe Biden to appeal the case to the Supreme Court, in essence, defending the federal law that Rahimi challenged.

The justices of the Supreme Court have now decided that they will hear Rahimi's case.

The case will not take place until the court's next session, which begins in October 2023 and which will end June 2024.

Experts are predicting that the Rahimi case will allow the justices to further flesh out the standard put forth in Bruen. 

Written By:
Robert Ayers

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