June 21, 2024

In a pretty shocking move, the 6-3 conservative Supreme Court actually did the right thing (at least 8 of them did) regarding access to guns. Clarence Harlan Crow Thomas was the lone dissenter, of course.

The case: United States v. Rahimi

Summary of the argument: Zackey Rahimi, a drug dealer, brutally attacked his girlfriend in a parking lot, dragging her to his car while also shooting at a bystander. His girlfriend had escaped his brutal attack, but he later called and threatened to kill her if she told anyone. They have a child together.

This occurred in 2019. He claimed the government had violated his Second Amendment rights by not allowing him have guns anymore. A court in Texas found that he had committed "family violence” and that such violence was “likely to occur again in the future.” Based on that finding, they issued a restraining order and suspended his gun license, and barred him from having guns while the restraining order was in place.

Shocking NO one, Rahimi actually violated the protective order and was found to have been involved in FIVE shootings between December 2020 and January 2021 - TWO months! He was arrested and during the search of his home, police found “a .45-caliber pistol, a .308-caliber rifle, magazines, ammunition, and a copy of the protective order.”

OOPSIE.

He was charged with illegally possessing a weapon, in violation of the restraining order. He fought that charge, but the judge ruled against him. He was sentenced for six years in prison, but continued to challenge the law.

Here is where the Supreme Court stepped in.

They actually UPHELD the ruling that stripped him of his right to have guns. In the 8-1 ruling, Chief Justice Roberts said: “when a restraining order contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may—consistent with the Second Amendment—be banned from possessing firearms while that order is in effect.”

Thomas was the only dissenter, of course, saying that “not a single historical regulation justifies the statute at issue.”

Attorney General Merrick Garland put out a statement shortly after the opinion was released, saying “As the Justice Department argued, and as the Court reaffirmed today, that commonsense prohibition is entirely consistent with the Court’s precedent and the text and history of the Second Amendment."

Great ruling for public safety. Now let's see what they do about the other big rulings still awaiting opinions, including Trump immunity!!!

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