UNITED STATES NEWS

The Supreme Court will decide if some judges have gone too far in striking down gun restrictions

Jun 30, 2023, 9:06 AM | Updated: 9:20 am

WASHINGTON (AP) — A year after its Supreme Court agreed Friday to decide whether judges are going too far in striking down restrictions on firearms.

The justices will hear the Biden administration’s appeal of one such ruling that struck down as unconstitutional a federal law meant to keep guns away from people who have domestic violence restraining orders against them.

Arguments will take place in the fall in the first case in which the court could define the limits on new standards for evaluating gun laws that its conservative majority set out last June.

That decision in the case, which has come to be known as Bruen, has upended gun laws across the country. It’s led to a rash of rulings invalidating some long-standing restrictions on firearms, but also produced confusion about what laws can survive.

Governments have to justify gun control laws by showing they are “consistent with the Nation’s historical tradition of firearm regulation,” Justice Clarence Thomas wrote in an opinion that was joined by the other five conservative justices. Until that ruling, judges could consider whether a law serves public interests such as enhancing public safety.

In the past year, judges also have struck down federal laws barring people from having guns if they possession of homemade “ghost guns.”

Lower courts are also considering challenges to states’ bans on the sale of so-called assault weapons and large-capacity magazines. The Supreme Court in May denied an emergency request to put an Illinois law on hold while that court challenge plays out.

The case now before the court involves Zackey Rahimi, whose conviction on possessing guns while subject to a restraining order was thrown out by a panel of three Republican appointees on the 5th U.S. Circuit Court of Appeals.

Rahimi was involved in five shootings over two months in and around Arlington, Texas, U.S. Circuit Judge Cory Wilson noted. When police identified Rahimi as a suspect in the shootings and showed up at his home with a search warrant, Rahimi admitted both to having guns in the house and being subject to a domestic violence restraining order that prohibited gun possession, Wilson wrote.

But though “hardly a model citizen,” Rahimi did not lose his constitutional right to have guns, Wilson concluded. The law at issue could not be justified by looking to history, he wrote for a unanimous panel.

Wilson and Judge James Ho were nominated by President Donald Trump. The third judge, Edith Jones, was chosen by President Ronald Reagan.

The appeals court initially upheld the conviction, then reconsidered once the Supreme Court ruled in Bruen. At least one district court has upheld the law since the Bruen decision

Solicitor General Elizabeth Prelogar, the Biden administration’s top Supreme Court lawyer, cited an earlier high court decision involving gun bans for domestic violence convictions to urge the justices to take up the case. “More than a million acts of domestic violence occur in the United States every year, and the presence of a firearm increases the chance that violence will escalate to homicide,” Prelogar wrote.

On the day the court finished deciding the cases argued in recent months, the legal fight over a gun law was among six cases that the justices added to their agenda for the term that begins on the first Monday in October.

The other cases include:

—a Biden administration appeal of a 5th Circuit ruling that could have far-reaching effects on the Securities and Exchange Commission and other regulatory agencies. The appeals court threw out stiff financial penalties imposed on hedge fund manager George R. Jarkesy by the SEC.

—a question about whether workers can pursue job discrimination claims under federal civil rights law when those workers are not demoted or docked pay. The case taken up by the court involve a sex discrimination claim by a St. Louis police sergeant who was transferred against her will.

United States News

Associated Press

After rare flash flood emergency, Florida prepares for more heavy rainfall in coming days

A tropical disturbance has brought a rare flash flood emergency to much of southern Florida as residents prepared to weather more heavy rainfall on Thursday and Friday. Wednesday’s downpours and subsequent flooding blocked roads, floated vehicles and delayed the Florida Panthers on their way to Stanley Cup games in Canada against the Edmonton Oilers. The […]

24 minutes ago

Forgiving father's killer hard for 3 children of Jordan Rasmussen...

KSL Podcasts/Amy Donaldson

A family decides to forgive a killer, but will the next generation follow?

Michael Moore killed Jordan Rasmussen and Buddy Booth in 1982. Forgiving their father's killer was hard for Rasmussen's three children.

3 hours ago

Associated Press

Neil Goldschmidt, former Oregon governor who confessed to sex with a minor in the 1970s, has died

Neil Goldschmidt, a former Oregon governor whose confession that he had sex with a 14-year-old girl in the 1970s blackened what had been a nearly sterling reputation, has died. He was 83. Goldschmidt died at his Portland home on Wednesday, The Oregonian reported, according to family members. The newspaper said the reported cause was heart […]

5 hours ago

Associated Press

Man charged with robbing a California bank was released from prison a day earlier, prosecutors say

SANTA ANA, Calif. (AP) — A man charged with taking three people hostage while robbing a Southern California bank last month had been released from prison a day earlier, federal prosecutors said Wednesday. The 53-year-old was indicted on robbery charges after investigators said he claimed to have a gun, jumped over the teller counter and […]

5 hours ago

Associated Press

Woman with gun taken into custody after standoff at FBI building in Seattle, authorities say

SEATTLE (AP) — A woman armed with a handgun was taken into custody after an hourlong standoff at the FBI building in Seattle on Wednesday, authorities said. The woman walked into a publicly accessible area where people have to wait to be buzzed into the lobby, according to FBI spokesperson Steve Bernd. She pointed the […]

5 hours ago

Associated Press

South Carolina man pleads guilty in federal court to fatally shooting Virginia police officer

ABINGDON, Va. (AP) — A South Carolina man pleaded guilty to federal charges Wednesday in the shooting death of a police officer in southwest Virginia in 2021. Michael Donivan White, 36, of Cross, South Carolina, had already pleaded guilty to first-degree murder charges in state court. The federal counts include drug charges and causing the […]

6 hours ago

Sponsored Articles

...

Midwestern University

Midwestern University Clinic visits boost student training & community health

Going to a Midwestern University Clinic can help make you feel good in more ways than one.

...

Sanderson Ford

3 new rides for 3 new road trips in Arizona

It's time for the Sanderson Ford Memorial Day sale with the Mighty Fine 69 Anniversary, as Sanderson Ford turned 69 years old in May.

...

DESERT INSTITUTE FOR SPINE CARE

Desert Institute for Spine Care is the place for weekend warriors to fix their back pain

Spring has sprung and nothing is better than March in Arizona. The temperatures are perfect and with the beautiful weather, Arizona has become a hotbed for hikers, runners, golfers, pickleball players and all types of weekend warriors.

The Supreme Court will decide if some judges have gone too far in striking down gun restrictions