The Supreme Court ruled 8-1 in the Rahimi case, affirming that individuals subject to domestic violence restraining orders can be prohibited from possessing firearms. The majority opinion, authored by Justice Roberts, established that such orders must contain a finding of a credible threat to the physical safety of an intimate partner or their child. Justice Thomas dissented, arguing the statute strips individuals of Second Amendment rights without due process and lacks historical precedent.
The Supreme Court's 8-1 decision in Rahimi upholds red flag laws, impacting Second Amendment rights. The ruling relies on historical analogues, specifically 'shitty laws,' to justify prohibitions on individuals with restraining orders. While some language might aid in overturning existing bans, the broader interpretation of historical analogues could empower lower courts to make broader regulatory decisions, potentially creating more confusion than clarity.
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