Videos tagged with History Text and Tradition

The US v. Rahimi Supreme Court case addressed whether individuals subject to domestic violence restraining orders can be prohibited from possessing firearms under the Second Amendment. The court applied the 'history, text, and tradition' test established in Bruin, finding that historical analogues like 'surety' and 'affray' laws supported such restrictions. However, concurring opinions by Justices Gorsuch and Kavanaugh offered nuanced perspectives on the application of this test and the broader implications for constitutional law, particularly regarding balancing tests.

The Supreme Court's decision in the Rahimi case did not overturn the Bruen decision, upholding the 'history, text, and tradition' standard for Second Amendment challenges. However, the ruling allows for temporary disarmament of individuals found to pose a credible threat to others, particularly in domestic violence situations, raising concerns about the future of red flag laws and due process.