Commentary: Domestic Violence Protection Orders Don’t Pass Constitutional Muster

How certain should we be that someone did something wrong before they lose their right to own a gun? Tuesday, the Supreme Court will hear a case that could have a major impact on how courts evaluate the constitutionality of gun control laws. The Biden administration asked for a review of the 5th Circuit Court’s decision not to deprive Zackey Rahimi of his right to own guns. 

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Supreme Court Will Take on Red Flag Law

The Supreme Court will hear a case this coming term challenging a federal “Red Flag” law that prohibits individuals subject to domestic violence restraining orders from possessing firearms, which is expected to shape the future of Second Amendment law.

Zackey Rahimi, the individual at the center of the case, was involved in five shootings between December 2020 and January 2021, in one instance firing shots into the air after his friend’s credit card was declined at a Whataburger, according to court documents. When police obtained a warrant to search his home, they found him in possession of a firearm, a violation of a civil protective order entered against him in February 2020 for allegedly assaulting his ex-girlfriend.

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