Supreme Court upholds federal ban on firearms for domestic violence offenders

profile photo
By Yosi Yahoudai
Founder and Managing Partner

WASHINGTON — The U.S. Supreme Court on Friday upheld a federal ban on firearms for people under domestic violence restraining orders.

The 8-1 opinion was authored by Chief Justice John Roberts. Justice Clarence Thomas dissented.

“When a restraining order contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may-consistent with the Second Amendment-be banned from possessing firearms while the order is in effect,” Roberts wrote. “Since the founding, our Nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms.”

In other words, the court held someone in those circumstances could be temporarily disarmed.

The case, U.S. v. Rahimi, marked a major test for the court since its decision in 2022 that expanded gun rights and created a new framework for evaluating Second Amendment cases.

The 1994 federal statute at the center of the case requires thousands of domestic violence restraining orders issued each year by federal and state judges to be reported to the national background check system, which would serve as a basis to deny a firearm sale.

“Taken together, the surety and going armed laws confirm what common sense suggests: When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed,” Roberts wrote.

This is a breaking news story. Please check back for updates.

Copyright © 2024 ABC News Internet Ventures.

author photo
About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.