U.S. Supreme Court Reviews Case On Gun Rights For Those Under Domestic Violence Restraining Orders

A 1994 law prohibits people under domestic violence restraining orders from having firearms. The case now in front of the U.S. Supreme Court questions whether that law violates the Second Amendment.

Tuesday, November 7th 2023, 6:14 pm

By: Matt Rahn


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 domestic violence restraining orders from having firearms. The case now in front of the U.S. Supreme Court questions whether that law violates the Second Amendment.

U.S. v Rahimi involves a Texas man, Zackey Rahimi, who pleaded guilty to violating a domestic violence restraining order by possessing firearms.

He challenged the constitutionality of the law that made it illegal for him to have guns.

"A new precedent on that would have far-reaching consequences," said family and defense attorney James Wirth.

He 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," said Wirth.

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," said Lori Gonzalez with Domestic Violence Intervention Services.

She said 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," said Gonzalez.

Second Amendment supporters like Don Spencer say the current law leaves room for those accused of domestic violence to lose constitutional rights. 

"To be clear, if a person is convicted of domestic violence, we agree that they should be separated from their guns, but my separations cure is to leave them in jail so they're not around their guns," said Spencer.

A decision by the Supreme Court on this case is expected by the end of June.

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