• SCOTUS Upholds Law That Bars Anyone Under Domestic-Violence Restraining Orders From Possessing Guns

    June 21, 2024
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    U.S. Supreme Court
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    In an 8-1 decision on Friday, the Supreme Court ruled in United States v. Rahimi that "when an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment."

    The right to keep and bear arms is among the “fundamental rights necessary to our system of ordered liberty” but that right, however, “is not unlimited,” said the ruling.

    The Court’s opinion also clarifies an important methodological point that bears repeating: "Rather than asking whether a present-day gun regulation has a precise historical analogue, courts applying Bruen should “conside[r] whether the challenged regulation is consistent with the principles that underpin our regulatory tradition.”

    Chief Justice John Roberts wrote that the court’s guidance for the lower courts to uphold gun restrictions when there is a "regulatory tradition" in U.S. history is “not meant to suggest a law trapped in amber.”

    Clarence Thomas filed a dissenting opinion.

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