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☆ The Supreme Court’s Search for a More Attractive Gun Rights Case
▼ + stars: | 2023-11-20 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: +1 min

When the Supreme Court heard arguments this month on whether the Second Amendment allows the government to disarm domestic abusers, Justice Amy Coney Barrett made a cryptic reference that puzzled many in the courtroom. She asked, according to the court’s official transcript, about “the range issue.”Sentencing range? She was, it turned out, referring to a person, Bryan Range, who has challenged a federal law prohibiting people who have been convicted of felonies from owning guns. Range is a far more sympathetic figure than the defendant in the domestic violence case, Zackey Rahimi. According to court records, Mr. Rahimi threatened women with firearms and was involved in five shootings in a two-month stretch.

Persons: Amy Coney Barrett, Bryan Range, Rahimi, Justice Barrett

☆ A Skeptical Supreme Court Considers Whether Domestic Abusers Have Gun Rights
▼ + stars: | 2023-11-07 | by ( Jess Bravin | ) www.wsj.com time to read: +1 min

The Supreme Court has some really controversial cases on its docket—including whether domestic abusers should have access to guns and whether the abortion pill should be legal. They all came from one lower court: the Fifth Circuit. WSJ explains why. Photo illustration: Madeline MarshallWASHINGTON—Supreme Court justices showed little sympathy Tuesday for a violent domestic abuser arguing he had a Second Amendment right to keep a semiautomatic rifle and a .45 caliber pistol at home, in arguments over the scope of a 2022 precedent holding gun regulations unconstitutional unless they are analogous to those in force in the founding era. “You don’t have any doubt that your client’s a dangerous person, do you?” Chief Justice John Roberts asked Matthew Wright, a federal public defender representing Zackey Rahimi, who was sentenced to more than six years for violating a federal law prohibiting people under domestic-violence protective orders from possessing firearms.

Persons: Madeline Marshall WASHINGTON, John Roberts, Matthew Wright, Zackey Rahimi Organizations: Fifth Circuit, Madeline Marshall WASHINGTON —

☆ Takeaways from the Supreme Court oral arguments on the Second Amendment and domestic violence
▼ + stars: | 2023-11-07 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +8 min

CNN —The Supreme Court seemed poised Tuesday after oral arguments to rule in favor of a federal law that bars individuals subject to certain domestic violence restraining orders from possessing firearms. Barrett noted that domestic violence is “dangerous.” But looking to the next case she asked about “more marginal cases” that might not offend the constitution. Thomas referred to the “thin record” in the case and wondered about the fact that the domestic violence allegations had been made in a civil – not a criminal – proceeding. Due process was central to a friend of the court brief filed by the NRA in the case. “I’m just trying to understand how the Bruen test works in a situation in which there is at least some evidence that domestic violence was not considered to be subject to the kinds of regulation that it is today,” she said.

Persons: Elizabeth Prelogar, ”, John Roberts, Zackey Rahimi, Prelogar, Clarence Thomas, Thomas, ” Roberts, Roberts, –, “, Amy Coney Barrett Long, Amy Coney Barrett, Barrett, ” Barrett, Alito, Rahimi, Samuel Alito, J, Matthew Wright —, Neil Gorsuch, hadn’t, Ketanji Brown Jackson, “ I’m, Jackson, White, Elena Kagan, ” Kagan Organizations: CNN, New York, Inc, ACLU, National Rifle Association, NRA Locations: Maine, Wisconsin, Bruen

Circuit Court of Appeals concluded that the measure failed a stringent test set by the Supreme Court in a 2022 ruling that required gun laws to be "consistent with the nation's historical tradition of firearm regulation" in order to survive a Second Amendment challenge. Violating the law initially was punishable by up to 10 years in prison but has since been raised to 15 years. A federal judge rejected Rahimi's Second Amendment challenge and sentenced him to more than six years in prison. Biden's administration has said the law should survive because of the long tradition in the United States of taking guns from people deemed dangerous. Supporters of Rahimi have argued that judges too easily issue restraining orders in an unfair process that results in the deprivation of the constitutional gun rights of accused abusers.

Persons: Joe Biden, Kevin Lamarque, Joe Biden's, Bruen, Zackey, Rahimi, Andrew Chung, Will Dunham Organizations: U.S, White, REUTERS, Rights, Supreme, Circuit, Appeals, New York State, Police, Thomson Locations: Washington U.S, Orleans, New York, Texas, Bruen, United States

☆ Second Amendment Supreme Court Hearing a Major Case on Gun Rights and Domestic Violence
▼ + stars: | 2023-11-07 | by ( Adam Liptak | Aishvarya Kavi | ) www.nytimes.com time to read: +5 min

The federal law at the heart of a major Supreme Court case that could determine the scope of gun rights in the United States deals with one of the country’s most vexing problems. “We don’t do it for the prosecutions,” said Jennifer Becker, the director of the National Center on Gun Violence in Relationships at the Battered Women’s Justice Project. But the Supreme Court’s landmark decision in June last year vastly expanded a person’s right to carry a gun in public and upended the standard for determining whether gun laws are constitutional. If the court overturns the federal law, the ruling is likely to reverberate across the country, legal experts say. Currently, 32 states and the District of Columbia all have similar laws that prevent people with domestic violence protection orders from having guns, according to Everytown for Gun Safety.

Persons: ”, Jennifer Becker, “, Ms, Becker, Zackey, John Allen Muhammad, Clarence Thomas, Adam Liptak Organizations: National Center, Women’s, New York Times, District of Columbia, Gun Safety, RAND Corporation, Times Locations: United States, Washington, Louisiana, Ohio

☆ Texas Man With History of Wantonly Firing AR-15 Could Gut Gun Laws Nationwide
▼ + stars: | 2023-11-06 | by ( Jess Bravin | ) www.wsj.com time to read: 1 min

The Supreme Court will consider a federal law that an appeals court struck down for violating the constitutional right to keep and bear arms. Photo: shawn thew/ShutterstockWASHINGTON— Zackey Rahimi pulled a gun on his ex-girlfriend in a parking lot and shot at a witness who saw them arguing, prompting a Texas family court to issue a protective order in 2020 temporarily forbidding him from possessing firearms. Rahimi ignored the order, authorities say, going on to threaten another woman with a gun, fire an AR-15 into the house of one of his narcotics customers, and shoot into the air at a Whataburger drive-through after his friend’s credit card was declined. That led to his conviction under a 1994 federal law prohibiting people under domestic-violence orders from possessing guns—and set up the latest chapter in the modern history of the Second Amendment.

Persons: shawn thew, Rahimi Organizations: WASHINGTON Locations: Texas

☆ Texas defendant challenging federal gun law at the Supreme Court says he doesn’t want firearms anymore
▼ + stars: | 2023-11-06 | by ( Manav Tanneeru | Devan Cole | ) edition.cnn.com time to read: +3 min

CNN —Zackey Rahimi, the Texas criminal defendant challenging a federal gun law before the Supreme Court on Tuesday, said this summer that he no longer wanted to own firearms and expressed remorse for his actions that got him in trouble with the law. Rahimi, a drug dealer, was issued a restraining order in 2020 after a violent altercation with his girlfriend in Arlington, Texas. A federal grand jury indicted him, and Rahimi moved to dismiss the indictment, arguing that the law was unconstitutional. He lost his court effort, but then the Supreme Court issued the landmark Second Amendment decision. The Supreme Court will now hear the government’s appeal Tuesday.

Persons: Zackey Rahimi, “, ” Rahimi, we’ve, Rahimi, I’ve, ”, CNN’s, Vogue Organizations: CNN Locations: Texas, Fort Worth, Arlington , Texas

Two years later, Congress put such a law in place, prohibiting people facing domestic violence restraining orders from having guns. Gun rights organizations are supporting Zackey Rahimi, the Texas man whose challenge to the law led to the Supreme Court case. A gun, though, is more than just a potential source of violence, Glenn said, recalling how her husband threatened her and her then-teenage son, David, repeatedly. Rahimi’s case reached the Supreme Court after prosecutors appealed a ruling that threw out his conviction for possessing guns while subject to a restraining order. The court's decision in the Rahimi case could have widespread ripple effects, including in the high-profile prosecution of Hunter Biden.

Persons: — Ruth Glenn, Glenn, Cedric, ” Glenn, Zackey Rahimi, Shira Feldman, Brady, “, ” Feldman, David, it’s, Rahimi, Cory Wilson, Wilson, ” Wilson, Clarence Thomas, Hashim Mooppan, Trump, ” Mooppan, ”, Clark Neily, Jacob Charles, Hunter Biden, ” Charles, Cedric Glenn, “ We’re, we’re Organizations: WASHINGTON, Associated Press, Survivor Justice, Biden, Republicans, Democrats, for Disease Control, Gun Safety, Circuit, Justice Department, Georgetown Law, Cato Institute, Pepperdine University Locations: Denver, Glenn, Texas, Arlington , Texas, U.S, Bruen, Malibu , California

☆ Texas Man at Center of Supreme Court Case Says He No Longer Wants Guns
▼ + stars: | 2023-11-06 | by ( Abbie Vansickle | More About Abbie Vansickle | ) www.nytimes.com time to read: +1 min

“It’s a fundamental strategic goal to present cases in the most favorable light possible, and that would include having a sympathetic and relatable person,” said Clark Neily, the senior vice president for legal studies at the Cato Institute, which has advocated gun rights. A panel of judges on the U.S. Court of Appeals for the Fifth Circuit wrote that he was “hardly a model citizen,” even as they sided with him. Mr. Rahimi’s case could expand gun rights protections by undoing a federal law that makes it a felony to possess a gun while under a domestic violence protective order. Although the case has garnered a flood of amicus briefs from groups like the National Rifle Association, the Second Amendment Foundation, and the Phyllis Schlafly Eagles, the organizations have largely shifted focus away from Mr. Rahimi. “You could imagine a different case challenging this same law with a much more sympathetic plaintiff.”

Persons: “, ”, Clark Neily, Mr, Rahimi, Phyllis Schlafly Eagles, Eric Ruben Organizations: Cato Institute, U.S ., Appeals, Fifth Circuit, National Rifle Association, Amendment, Southern Methodist University, Brennan Center for Justice Locations: Texas

☆ Guns rights and domestic violence protections collide at US Supreme Court
▼ + stars: | 2023-11-06 | by ( Andrew Chung | Companies Need To Integrate Climate Reporting Across Functions To Comply With California S New Law | Henry Engler | ) www.reuters.com time to read: +6 min

A group among hundreds of supporters of gun control laws rally in front of the US Supreme Court as the justices hear the first major gun rights case since 2010, in Washington, U.S. December 2, 2019. The law at issue makes it a crime for a person under a domestic violence restraining order to have a gun. And in this case, many gun rights groups and conservative or libertarian legal scholars support Rahimi's challenge, while many liberal and gun safety organizations oppose it. The Supreme Court will hear an appeal by President Joe Biden's administration of a ruling by the 5th U.S. It also emphasized that a gun's presence gun substantially increases the chances that a domestic violence incident turn deadly.

Persons: Andrew Chung, Phil Sorrells, they're, Sorrells, Zackey Rahimi, George Mocsary, Joe Biden's, Donald Trump's, Rahimi, Eve Brensike Primus, Primus, Will Dunham Organizations: US, Court, REUTERS, U.S, Supreme, Republican, University of Wyoming, Circuit, Appeals, New York, University of Michigan Law, Thomson Locations: Washington , U.S, New Orleans, Tarrant County, Texas, United States, New York, Republican Texas

☆ The Justices Are Bad Gun Historians
▼ + stars: | 2023-11-02 | by ( Jack Rakove | ) www.wsj.com time to read: +1 min

In the distressing wake of the recent mass shooting in Maine, the Supreme Court will hear oral arguments next week in U.S. v. Zackey Rahimi, the latest case to test its emerging jurisprudence on gun rights. In these cases, the key text for the justices is, of course, the Constitution’s Second Amendment. Ratified in 1791, it reads in its entirety: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”As the court’s conservative majority has made clear, its current interpretation of the amendment depends decisively on its view of the nation’s long history of firearms ownership and regulation. If the most urgent question for ordinary citizens is how these rulings affect their ability to live securely in their homes, schools and public spaces, the narrower question for historians is how well the historical evidence cited by the court holds up. Where those concerns intersect is in the tragic fact that, on this issue of such importance to public safety, the justices are very poor and tendentious historians.

Persons: Zackey Rahimi Locations: Maine

On the heels of that decision, a federal appeals court invalidated a federal law that bars an individual who is subject to a domestic violence restraining order from possessing a firearm. A three-judge district court panel struck down the plan in January, saying that race had been the predominant motivating factor. Three years ago, the Supreme Court limited the independence of the CFPB by invalidating its leadership structure. The court’s decision could impact whether the SEC and other agencies can conduct enforcement proceedings in-house, using administrative courts staffed with agency employees, or whether such actions must be brought in federal court. “It’s difficult to think of any other recent First Amendment cases in which the stakes were so high,” Jaffer added.

Persons: Clarence Thomas, ”, Biden, Zackey Rahimi, John Roberts, Taiwan Scott, Thomas, Elizabeth Prelogar, Magnuson, Paul Clement, ” Clement, “, pare, George Jarkesy, Sackler, ” Prelogar, Jameel Jaffer, Jaffer Organizations: CNN, Gun Safety, South Carolina’s Republican, South Carolina State Conference of, NAACP, Democrat, Republican, National Marine Fisheries Service, Chevron, Natural Resources Defense, Stevens Fishery Conservation, Management, Independent, Consumer Financial, Federal Reserve, US, Federal Deposit Insurance Corporation, Securities, Exchange, US Securities and Exchange Commission, SEC, Social Security Administration, Circuit, Historic Purdue Pharma, Purdue Pharma, Sackler, Purdue, Facebook, YouTube, Columbia University’s Locations: United States, South Carolina, Alabama, Taiwan, Charleston County, Chevron, Florida, Texas

☆ The Debate Over Gun Control Is an Uphill Battle - The New York Times
▼ + stars: | 2023-07-12 | by ( Gail Collins | ) www.nytimes.com time to read: +2 min

The justices have decided that later this year, they’ll take up what’s known as the Rahimi case. But Rahimi — taking time out from a vigorous at-liberty life in which he opened fire in public five times over two months — appealed. Last year, the majority ruled that New York couldn’t limit the types of people allowed to carry a concealed weapon around town. The New York philosophy had been that keeping a weapon for defense in your home is one thing and wearing one outside is another. Make another scary ruling that will give Clarence Thomas a chance to add his own interpretation that’s even scarier?

Persons: they’ll, Zackey, Rahimi, —, ”, haven’t, Clarence Thomas Organizations: Fifth Circuit, Supremes Locations: Texas, York, The

The court's conservative majority has taken an expansive view of Second Amendment rights in a nation facing persistent gun violence including mass shootings. The court has widened gun rights in three major rulings since 2008. "The stakes are high for those experiencing domestic violence if violent partners can legally possess firearms," Lungwitz said. The National Rifle Association, an influential gun rights group, did not respond to a request for comment. "By removing those kinds of considerations, it makes constitutional law - and Second Amendment law, in particular - even more removed from the way that ordinary citizens think about constitutional protections."

Persons: Joe Biden's, Zackey Rahimi, Rahimi, Janet Carter, Bruen, James Ho, Donald Trump, Elizabeth Prelogar, Lungwitz, Jacob Charles, Charles, John Kruzel, Will Dunham, Scott Malone Organizations: U.S, Supreme, New York, Circuit, Appeals, Republican, University of Texas School, Law's, Violence, Democratic, National Rifle Association, Pepperdine University Caruso School of, Thomson Locations: WASHINGTON, Texas, New York, New Orleans

☆ US Supreme Court to weigh legality of domestic-violence gun curbs
▼ + stars: | 2023-06-30 | by ( John Kruzel | Industry Insight | Corporate Attorneys Don T Want To Pay Law Firms For Chatgpt When They Could Use It Themselves | ) www.reuters.com time to read: +4 min

The case involves a Texas man charged with illegal gun possession while subject to a domestic violence restraining order after assaulting his girlfriend. The 1994 law at issue in the current case prohibited a person subject to a domestic violence restraining order from possessing a firearm. Circuit Court of Appeals in February declaring the law unconstitutional in a ruling that applied to Texas, Louisiana and Mississippi. Solicitor General Elizabeth Prelogar told the Supreme Court on behalf of Biden's administration that the 5th Circuit's ruling was "profoundly mistaken." Twenty-three states, mostly Democratic-led, urged the Supreme Court to hear the dispute, as did groups advocating for the prevention of gun violence and domestic abuse.

Persons: Joe Biden's, Zackey, Rahimi, Elizabeth Prelogar, Prelogar, John Kruzel, Will Dunham Organizations: U.S, Supreme, New York, New, Circuit, Appeals, Democratic, Thomson Locations: Texas, United States, New York, Kennedale, Arlington , Texas, New Orleans, Texas , Louisiana, Mississippi

☆ Supreme Court to weigh right of accused domestic abusers to own guns
▼ + stars: | 2023-06-30 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +3 min

The Supreme Court on Friday agreed to weigh whether people accused of domestic violence have a right to own firearms in a case that will test the scope of recently expanded gun rights. The justices agreed to hear a Biden administration appeal in defense of a federal law that prohibits people subject to domestic violence restraining orders from possessing guns. Solicitor General Elizabeth Prelogar, representing the Biden administration, turned to the Supreme Court, said in court papers that the appeals court's ruling was "profoundly mistaken." The decision "threatens grave harms for victims of domestic violence," she said. Last year's Supreme Court ruling led to a flurry of challenges to longstanding laws — both federal and state — and prompted some judges to find they are unlawful under the new standard.

Persons: Zackey, Rahimi, Elizabeth Prelogar, Biden, Prelogar Organizations: Justice Department, U.S, Circuit, New York State Locations: Texas, Arlington , Texas, New Orleans, New

☆ Do People Subject to Domestic Abuse Orders Have the Right to Be Armed?
▼ + stars: | 2023-06-12 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

Zackey Rahimi, a drug dealer in Texas with a history of armed violence, is “hardly a model citizen,” a federal appeals court judge wrote in March, with considerable understatement. But the court vacated Mr. Rahimi’s conviction under a federal law that makes it a crime for people subject to domestic-violence orders to possess guns, ruling that the law violated the Second Amendment. The case started in 2019, when Mr. Rahimi assaulted his girlfriend and threatened to shoot her if she told anyone, leading her to obtain a restraining order. The order suspended Mr. Rahimi’s handgun license and prohibited him from possessing firearms. Mr. Rahimi defied the order in flagrant fashion, according to court records.

Persons: Zackey, Rahimi Locations: Texas, ”

WASHINGTON, March 18 (Reuters) - The U.S. Justice Department has asked the Supreme Court to allow a federal law stand that makes it a crime for people under domestic violence restraining orders to own firearms. It was the latest victory for gun rights advocates since a Supreme Court ruling last June granting a broad right for people to carry firearms outside the home. The Justice Department's petition to appeal the matter to the Supreme Court was posted on Twitter late on Friday by Jake Charles, a law professor at Pepperdine University with expertise on gun control issues. The Justice Department said it was pursuing the Supreme Court appeal on a "highly expedited schedule" so the justices could potentially take up the case before the current term ends. Neither the Justice Department, nor the federal public defender representing Rahimi immediately responded to requests for comment.

☆ People under domestic violence orders can own guns -U.S. appeals court rules
▼ + stars: | 2023-02-02 | by ( Jonathan Stempel | ) www.reuters.com time to read: +2 min

Feb 2 (Reuters) - A U.S. appeals court on Thursday declared unconstitutional a federal law making it a crime for people under domestic violence restraining orders to own firearms. Circuit Court of Appeals is the latest victory for gun rights advocates since a Supreme Court decision last June granting a broad right for people to carry firearms outside the home. In Thursday's decision, Circuit Judge Cory Wilson said banning people under domestic violence restraining orders from owning firearms "embodies salutory policy goals meant to protect vulnerable people in our society." Rahimi had been under a restraining order since Feb. 2020, following his alleged assault of a former girlfriend. It had upheld the federal law last June 8, just over two weeks before the Bruen decision, but withdrew its opinion and ordered additional briefing.

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