Supreme Court justices to hear major Second Amendment case in November

The Supreme Court announced Wednesday it will hear in November oral arguments in a much-watched case over whether individuals under domestic violence restraining orders can possess firearms.

The case is United States v. Rahimi.

Zackey Rahimi received a domestic violence restraining order after an ex-girlfriend accused him of assault. He was suspected of involvement in a series of shootings around Arlington, Texas, when officers swooped in with a search warrant and found a rifle and a pistol in his home.

Federal prosecutors charged Mr. Rahimi with possession of a firearm while under a restraining order.

Mr. Rahimi challenged the indictment.

The 5th U.S. Circuit Court of Appeals rejected his challenge, but after the Supreme Court issued its 2022 ruling in New York Rifle and Pistol Association v. Bruen, Mr. Rahimi renewed his challenge and the 5th Circuit reversed its decision.

In the Bruen case, the high court said any law restricting gun possession must be consistent with the nation’s history and tradition on firearms dating back to the country’s founding. 

The circuit judges said the situation would have been different had Mr. Rahimi been convicted of a violent crime. They said a restraining order doesn’t preclude Mr. Rahimi from the constitutional right to bear arms.

Gun rights supporters hailed the decision as a victory.

Gun control advocates say the Bruen ruling has created a dangerous situation for lower courts as they try to unravel the federal Gun Control Act, which bars gun possession or purchase by felons, fugitives, illegal immigrants, the mentally ill, drug users and those convicted of domestic violence or are subject to a court restraining order after stalking, harassing or threatening a partner.

It took four justices to vote in favor of hearing the government’s appeal.

The case will be heard Nov. 7, but a decision will not be issued immediately. A ruling will likely come by the end of June 2024.