Video Highlights
- The Supreme Court has granted review to a new Second Amendment case called USB Rahimi
- The case questions the constitutionality of the federal prohibition on gun possession for people subject to domestic violence restraining orders
- The Supreme Court will apply the Bruin decision in their ruling on this case
- This decision will provide further clarification on how the Bruin analysis should be applied
- The case has important implications for other gun control laws and future Second Amendment challenges
- The Supreme Court's decision to review this case signals their interest in more Second Amendment cases
Video Summary
The Supreme Court has recently granted review to a new Second Amendment case, USB Rahimi. This case questions the constitutionality of the federal prohibition on gun possession for individuals who are subject to domestic violence restraining orders. The Supreme Court will apply the Bruin decision, which requires a historical basis or analog dating back to 1791 for any government restriction on the right to keep and bear arms. If the law does not meet this requirement, it must be struck down as unconstitutional.
The government sought Supreme Court review in this case due to a recent ruling by the Fifth Circuit. The Fifth Circuit analyzed the federal law under the Bruin decision and found that the prohibition on gun possession for those with domestic violence restraining orders violates the Second Amendment. The Supreme Court's review of this case will provide further clarification on how the Bruin analysis should be applied and will prevent lower courts from misapplying the decision.
It is important to note that the facts of this case are not favorable. Mr. Rahimi has a criminal record and has been involved in multiple shootings. However, the government focused on one section of federal law, 18 USC section 922 G8, which prohibits the possession of firearms by individuals with domestic violence restraining orders. The Supreme Court will determine if this federal law is constitutional and will apply the Bruin decision in their ruling.
The Supreme Court's decision in this case will have significant implications for other gun control laws. It will provide further language on when gun control laws meet the text and history standard as set out in Bruin. Additionally, the Supreme Court's decision to grant review in this case signals their interest in hearing more Second Amendment cases. This is important as there have been concerns about the Supreme Court not granting more Second Amendment challenges after the Heller decision.
There are other pending cases that may benefit from the Supreme Court's interest in reviewing Second Amendment cases. These include challenges to 922 G1, which deals with felons in possession of firearms and ammunition, and cases involving ATF bump stocks. While the facts of the Rahimi case may not be ideal, it is still a win for Second Amendment advocates and may pave the way for future challenges.
Overall, the Supreme Court's decision to grant review in the USB Rahimi case is significant. It provides an opportunity for further clarification on the application of the Bruin decision and signals the Court's interest in hearing more Second Amendment cases. This decision will impact not only the specific federal law in question but also have broader implications for other gun control laws and challenges in the future. It is a step towards protecting and preserving the Second Amendment rights of individuals in the United States.
