The Supreme Court is revisiting the right to bear arms
Image: SupremeCourt.gov
Yesterday, the Supreme Court heard arguments in a case challenging a federal law banning Americans from possessing guns if they are the subject of a domestic violence restraining order.
☝️ First things first: This represents the Supreme Court’s first gun-related case since the Justices voted 6-3 last year to set a new precedent changing the way US courts are supposed to evaluate firearm restrictions, in a case called New York State Rifle & Pistol Association v. Bruen.
- The majority opinion from Bruen, authored and supported by the Court’s conservative wing, declared judges should only weigh whether “the regulation is consistent with this Nation’s historical tradition of firearm regulation,” rather than consider whether a law enhances public safety.
- Essentially, the ruling means modern gun control laws are only constitutional if the government can show there were similar laws enacted during America’s past.
The Bruen decision has resulted in lower court rulings striking down more than a dozen gun laws across the US, including age restrictions above 18, and laws banning gun ownership for those convicted of nonviolent felonies or illegal drug use.
Bruen also played a major role in yesterday’s lawsuit. The case was appealed to the Supreme Court after the 5th Circuit used the precedent set in Bruen to strike down a 1994 federal law banning Americans from possessing guns if they have a domestic violence restraining order against them.
- In oral arguments yesterday, SCOTUS Justices sounded partial to the Biden administration’s reasoning that the 1994 ban is in line with the longstanding practice of disarming dangerous Americans.
- Lawyers for Zackey Rahimi, a Texas man recently convicted under the 1994 law, argued the ban deprives him and others of their Second Amendment rights, since the current federal system lacks enough safeguards to ensure only those who are genuine threats are disarmed.
👀 Looking ahead… The Supreme Court’s final decision is expected by early summer.
📊 Flash poll: In your opinion, should Americans who have a domestic violence restraining order against them be banned from possessing guns?
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that the Supreme Court agreeing to allow those with domestic violence convictions to own guns would be disastrous to America, and would only increase the 25% of women murdered in the US each year who are killed by current or former partners using guns.
- Others contend that the Supreme Court has an opportunity to restore some common sense to gun safety laws while protecting untold thousands of domestic violence victims by maintaining the federal ban on those with DV restraining orders from owning firearms.
- “We know what will happen if the Supreme Court lets accused domestic abusers keep their guns” –LA Times Editorial Board
- “Supreme Court’s chance to change course on guns” –The Press Democrat Editorial Board
- “The Supreme Court may make America’s gun violence problem even worse” –Shannon Watts, CNN
Sprinkles from the Right
- Some commentators argue that SCOTUS Justices are tasked with deciding what’s the constitutional way to ensure that Americans like Zackey Rahimi aren’t allowed to own firearms while living in the country.
- Others contend that SCOTUS should unequivocally rule in favor of banning domestic violence offenders from being able to own a gun, and that the Court’s recent Bruen decision has allowed people to question even the most common-sense gun restrictions.
- “The Supreme Court Considers Gun Rights and Domestic Abusers” –WSJ Editorial Board
- “Supreme Court must correct course on gun rights with Texas case” –Dallas Morning News Editorial Board
- “How to Handle Domestic Violence and Gun Rights” –Kerry Slone, WSJ
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