Federal law bars individuals from possessing guns if they are “subject to a court order that restrains [them] from harassing, stalking, or threatening an intimate partner.” Fifth Circuit: This violates the Second Amendment as there is no deeply rooted tradition of disarming individuals under a restraining order for domestic abuse. “Through that lens, we conclude that (the law’s) ban on possession of firearms is an ‘outlier’ that our ancestors would never have accepted.”
Under the Supreme Court’s 2022 opinion in N.Y. State Rifle & Pistol Ass’n Inc. v. Bruen, which invalidated a licensing requirement for carrying a firearm in public, the appeals court said the proper question is how a given law fits into the historical nature of gun rights in the country.
The Justice Department signaled Thursday night that it plans to appeal the ruling.
The case is United States v. Rahimi, No. 21-11001 (5th Cir. Feb. 2023).