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Supreme Court upholds domestic violence gun restriction
  + stars: | 2024-06-21 | by ( Lawrence Hurley | ) www.cnbc.com   time to read: +4 min
Activists rally outside the U.S. Supreme Court before the start of oral arguments in the United States v. Rahimi second amendement case in Washington on Tuesday, November 7, 2023. The Supreme Court on Friday upheld a federal law that prohibits people subjected to domestic violence restraining orders from having firearms, taking a step back from its recent endorsement of a broad right to possess a gun. The court on an 8-1 vote ruled in favor of the Biden administration, which was defending the law — one of several federal gun restrictions currently facing legal challenges. He argued that he cannot be prosecuted under the federal gun possession restriction in light of what the Supreme Court concluded. But the case before the justices concerns his separate prosecution by the Justice Department for violating the federal gun possession law.
Persons: Biden, John Roberts, Clarence Thomas, Hunter Biden, Joe Biden's, Ketanji Brown Jackson, Joe Biden, Zackey, Rahimi's, Rahimi Organizations: U.S, Supreme, New York State, Justice Department, Circuit, Appeals Locations: United States, Washington, Texas, Arlington , Texas, New Orleans
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
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
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
HANGZHOU, China (AP) — In the first Asian Games since the Taliban regained control of Afghanistan, two teams of athletes are arriving in the Chinese city of Hangzhou, looking very different. The games official opening ceremony is on Saturday. They have barred women from most areas of public life such as parks, gyms and work and cracked down on media freedoms. They have banned girls from going to school beyond the sixth grade, and prohibited Afghan women from working at local and non-governmental organizations. Rahimi said that the previous government had been working hard to increase women's participation in sport since the previous Taliban regime, and that it had increased to 20%.
Persons: Atel, Hafizullah Wali Rahimi, , Rahimi, they'll Organizations: , Asian Games, Olympic, Associated Press, Afghanistan's National Olympic, NATO, United Nations Locations: HANGZHOU, China, Afghanistan, Hangzhou, Taliban, Afghan, Iran, Italy, Australia
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
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
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