Supreme Court Case Questions Gun Rights Violation
The U.S. Supreme Court takes up a case that could restore gun rights to those with protective orders against them due to domestic violence. A 1994 law prohibits people under a domestic violence restraining order from possessing firearms. The case now in front of the Supreme Court questions whether or not that law violates the Second Amendment.
U.S. v. Rahimi involves a Texas man, Zaki Rahimi, who pleaded guilty to violating a domestic violence restraining order by possessing firearms. He’s challenging the constitutionality of the law that made it illegal for him to have the guns. A new precedent on that would have far-reaching consequences.
Family and defense attorney James Wirth says if the Supreme Court sides with Rahimi, it would mean an alleged domestic abuser subject to a protective order could legally possess a gun. But other restrictions would still apply. If they are convicted of a felony, then that would be a prohibition, as well as this case doesn’t deal specifically with emergency orders. It deals with a final protective order.
Impact on Domestic Abuse Victims
Advocates for domestic abuse victims say the current law is a vital tool for keeping women safe. The majority of people who die at the hands of their abuser are murdered by the use of a gun. Lori Gonzalez with Domestic Violence Intervention Services says if the law changes, their job to protect victims will become harder. It’s going to add a whole lot of work for us because we’re going to have to figure out ways to increase a person’s safety.
Second Amendment supporters like Don Spencer say the current law leaves room for those accused of domestic violence to lose constitutional rights. And to be clear, if a person is convicted of domestic violence, we agree that they should be separated from their guns, but my separation cure is to leave them in jail so they’re not around their guns.
Free Consultation for Legal Advice
If you have any questions or concerns regarding gun rights and domestic violence restraining orders, Attorney James Wirth offers a free consultation. Call now to schedule your appointment and get the legal advice you need.