{"id":43479,"date":"2023-11-07T10:16:18","date_gmt":"2023-11-07T10:16:18","guid":{"rendered":"https:\/\/prosfunds.com\/politics\/supreme-court-revisits-the-scope-of-the-right-to-bear-arms-in-the-wake-of-latest-mass-shooting\/"},"modified":"2023-11-07T10:16:19","modified_gmt":"2023-11-07T10:16:19","slug":"supreme-court-revisits-the-scope-of-the-right-to-bear-arms-in-the-wake-of-latest-mass-shooting","status":"publish","type":"post","link":"https:\/\/prosfunds.com\/?p=43479","title":{"rendered":"Supreme Court revisits the scope of the right to bear arms in the wake of latest mass shooting"},"content":{"rendered":"
\n

\n It was only a year ago that the Supreme Court issued a landmark Second Amendment opinion that expanded gun rights nationwide and established that firearms rules must be consistent with the nation\u2019s \u201chistorical tradition.\u201d\n <\/p>\n

\n Majority opinion author Justice Clarence Thomas infuriated supporters of gun control and elated\u00a0advocates of gun rights\u00a0but also generated confusion among lower court judges who found themselves reconsidering thousands of firearms rules.\n <\/p>\n

\n Now, on Tuesday, the justices will gather again, in the wake of the yet another mass shooting, to consider the scope of its 2022 decision in\u00a0New York State Rifle & Pistol Association v. Bruen, this time in the context of domestic violence.\n <\/p>\n

\n The Supreme Court is considering a\u00a0section of federal law\u00a0that bars an individual subject to a domestic violence restraining order from possessing a firearm.\n <\/p>\n

\n The Supreme Court\u2019s ultimate decision could impact almost every type of gun control law, including one that President Joe Biden\u2019s own son is charged with violating.\n <\/p>\n

\n \u201cRahimi offers a chance for the justices to clarify aspects of Bruen\u2019s test that have divided lower courts \u2013 including how judges should assess the historical tradition of gun regulation and how closely modern laws must mirror those that existed during the Founding Era,\u201d said Andrew M. Willinger of the Duke University School of Law.\n <\/p>\n

\n Lower courts have cited Bruen in cases blocking laws restricting the use of\u00a0concealed firearms, prohibiting guns in\u00a0houses of worship\u00a0and\u00a0banning assault weapons.\n <\/p>\n

\n Last month in California, for instance, a federal judge struck down an assault weapon ban the state argued was needed to prevent mass shooters from acquiring those weapons. Many of the banned guns, the judge said,\n <\/p>\n

\n are also commonly used by \u201claw-abiding\u201d citizens for self-defense.\n <\/p>\n

\n \u201cCalifornia\u2019s answer to the criminal misuse of a few is to disarm its many good residents. That knee-jerk reaction is constitutionally untenable, just as it was 250 years ago,\u201d\u00a0Judge Roger Benitez wrote.\n <\/p>\n

\n The dispute before the court arose in December 2019 when Zackey Rahimi and his girlfriend, with whom he shares a child, had an argument in a parking lot. The government claimed that Rahimi threatened to take the child away and then dragged his girlfriend back to the car, retrieved a gun and fired at a nearby witness.\n <\/p>\n

\n In February 2020, the girlfriend\u00a0was granted\u00a0a protective order finding that Rahimi had committed family violence. The order also suspended his handgun license and prohibited him from possessing a firearm.\n <\/p>\n

\n Beginning that December, Rahimi took part in five shootings in Texas, culminating on January 7, 2021, when he fired shots in the air at a Whataburger restaurant after his friend\u2019s credit card was declined.\n <\/p>\n

\n When the police ultimately obtained a search warrant for his home, they found a rifle and a pistol and Rahimi admitted that he was subject to the protective order that had been entered in the civil proceeding.\n <\/p>\n

\n A federal grand jury indicted him, and Rahimi moved to dismiss the indictment arguing that the law was unconstitutional. He lost his court effort.\n <\/p>\n

\n But\u00a0then the Supreme Court issued its Second Amendment decision in Bruen.\n <\/p>\n

\n After reviewing the decision, the 5th US Circuit Court of Appeals\u00a0ruled in favor of Rahimi, saying that Bruen \u201cfundamentally changed our analysis of laws that implicate the Second Amendment, rendering our prior precedent obsolete.\u201d\n <\/p>\n

\n The judges pointed to the holding that the\u00a0government must justify a gun regulation as consistent with the nation\u2019s \u201chistorical tradition.\u201d\n <\/p>\n

\n The statute, the 5th Circuit wrote, is an \u201coutlier that our ancestors would never have accepted.\u201d\n <\/p>\n

\n In its appeal to the Supreme Court, the Biden administration defends the law, arguing that the Second Amendment right to bear arms is \u201cnot unlimited\u201d and it does not prohibit Congress from disarming Rahimi and other individuals subject to domestic-violence protective orders.\n <\/p>\n

\n Pointing to history, Solicitor General Elizabeth Prelogar argued that history \u201cbefore, during and after the Founding Era\u201d allowed the government to disarm individuals who were dangerous.\n <\/p>\n

\n \u201cIndividuals subject to domestic-violence protective orders pose an obvious danger to their intimate partners because guns often cause domestic violence to escalate to homicide and because abusers often use guns to threaten and injure their victims,\u201d she wrote.\n <\/p>\n

\n \u201cEvery month, an average of 70 women are shot and killed by an intimate partner,\u201d lawyers for Everytown for Gun Safety\u00a0told the justices in\u00a0a friend of the court brief filed with the court supporting the law.\n <\/p>\n

\n They argued that \u201caccess to a gun makes it five times more likely that a woman will die at the hands of her abuser,\u201d noting that in 2019, nearly two-thirds of domestic homicides in the United States were committed with a gun.\n <\/p>\n

\n J. Matthew Wright, a federal public defender in North Texas, says the justices should maintain their Bruen stance and therefore \u201cthe law is unconstitutional on its face.\u201d\n <\/p>\n

\n The federal government, Wright said, \u201chas yet to find even a single American jurisdiction that adopted a similar ban while the founding generation walked the earth.\u201d\n <\/p>\n

\n He disputed some of the findings in the civil proceeding that produced the restraining order against his client and stressed that it arose from a \u201cone-sided\u201d process that included \u201cboilerplate findings\u201d over circumstances\u00a0he questioned.\n <\/p>\n

\n Wright said that the founding generation did respond to domestic violence in numerous ways, but never by banning possession of weapons.\n <\/p>\n

\n \u201cWhatever the founding generation believed about state and local legislatures\u2019 power to restrict firearms they would have resisted a federal law purporting to say which citizens could, and which citizens could not, keep firearms,\u201d Wright argued in court papers.\n <\/p>\n

\n At oral arguments, the groups will pay special attention to select justices.\n <\/p>\n

\n The 6-3 Bruen decision broke along familiar conservative-liberal ideological lines.\n <\/p>\n

\n But Justice Brett Kavanaugh, joined by Chief Justice John Roberts, wrote separately to stress that the Second Amendment right is not unlimited.\n <\/p>\n

\n The Second Amendment is \u201cneither a regulatory straitjacket nor a regulatory blank check,\u201d Kavanaugh\u00a0said.\n <\/p>\n

\n He\u00a0wrote\u00a0that \u201cproperly interpreted\u201d the Second Amendment \u201callows a variety of gun regulations.\u201d\n <\/p>\n

\n In addition,\u00a0Justice\u00a0Amy Coney Barrett, when she served on a lower court, dissented when her colleagues rejected a Second Amendment challenge from a man with a felony who was prohibited from possessing a firearm under both federal and Wisconsin law.\n <\/p>\n

\n \u201cHistory is consistent with common sense: it demonstrates that legislatures have the power to prohibit dangerous people from possessing guns,\u201d\u00a0Barrett wrote in 2019.\n <\/p>\n

\n But she emphasized that the power extends only to people who are \u201cdangerous.\u201d\n <\/p>\n

\n She said that the fact that the law included all felons \u201cboth violent and nonviolent\u201d made it unconstitutional as applied to the plaintiff in the case \u2013 suggesting she is interested in developing some kind of standard based on \u201cdangerousness.\u201d\n <\/p>\n

\n \u201cQuestions and comments by Justices Barrett and Kavanaugh and the Chief Justice at oral arguments may be especially illuminating, given their past dissenting and concurring opinions in Second Amendment cases,\u201d Willinger said.\n <\/p>\n

\n Tuesday\u2019s case will also attract the attention of the political branches given the possible effect on the following charges filed against President Joe Biden\u2019s son Hunter.\n <\/p>\n

\n That\u2019s because the Supreme Court\u2019s ultimate decision in Rahimi will impact court decisions that relied upon Bruen to overturn other federal gun laws, including one Hunter Biden has been charged under.\n <\/p>\n

\n One of those cases involves a law which prohibits the possession of firearms by a person who is an \u201cunlawful user of or addicted to any controlled substance.\u201d The 5th Circuit struck it down earlier this year, relying heavily on both Bruen and its Rahimi rulings.\n <\/p>\n

\n Patrick Daniels was stopped in 2022 for driving without a license plate. A search of the car uncovered several marijuana cigarette butts, a loaded pistol and a loaded rifle. A federal grand jury indicted Daniels for possessing a firearm as an unlawful user of a controlled substance.\u00a0The 5th Circuit held that the law is not \u201cconsistent with our tradition of gun regulation.\u201d\n <\/p>\n

\n Hunter Biden\u2019s legal team has signaled that they plan to use the appeals court\u2019s decision as part of their defense, with his attorney Abbe Lowell previously telling CNN that \u201cthe constitutionality of these charges are very much in doubt.\u201d\n <\/p>\n

\n Their posturing is notable given the fact that it\u2019s at odds with the Biden administration\u2019s position on the federal gun law.\n <\/p>\n

\n In an op-ed published last week in USA Today, the younger Biden also criticized the nature of his case, writing that he had been charged for \u201cpossessing an unloaded gun for 11 days five years ago \u2013 charges that appear to be the first ever of their kind brought in the history of Delaware.\u201d\n <\/p>\n<\/p><\/div>\n

Read the full article here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

It was only a year ago that the Supreme Court issued a landmark Second Amendment opinion that expanded gun rights nationwide and established that firearms rules must be consistent with the nation\u2019s \u201chistorical tradition.\u201d Majority opinion author Justice Clarence Thomas infuriated supporters of gun control and elated\u00a0advocates of gun rights\u00a0but also generated confusion among lower […]<\/p>\n","protected":false},"author":1,"featured_media":43480,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"content-type":"","footnotes":""},"categories":[39],"tags":[],"class_list":{"0":"post-43479","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-politics"},"yoast_head":"\nSupreme Court revisits the scope of the right to bear arms in the wake of latest mass shooting | Prosfunds<\/title>\n<meta name=\"description\" content=\"It was only a year ago that the Supreme 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