Criminal Law Library Blog

On June 21, 2024, the U.S. Supreme Court delivered a significant ruling in United States v. Rahimi (22-915), affirming the constitutionality of 18 U.S.C. § 922(g)(8), which restricts firearm possession by individuals subject to domestic violence restraining orders. The decision came in an 8-1 vote, with Chief Justice Roberts writing the majority opinion and Justice Thomas dissenting.

The case centered on whether this statute infringes upon Second Amendment rights. The Court held that temporarily disarming individuals who pose a threat to the safety of others is consistent with the Second Amendment. This decision overturned the Fifth Circuit’s ruling, which had previously deemed the statute unconstitutional based on an interpretation that required historical precedents almost identical to the modern law.

Chief Justice Roberts emphasized that the restriction is a reasonable measure to protect potential victims of domestic violence, aligning with historical practices of disarming individuals deemed dangerous. This ruling reinforces the government’s ability to implement protective measures against gun violence, particularly in the context of domestic abuse​ (SCOTUSblog)​​ ({{meta.siteName}})​​ (Wikipedia)​.