CRIME, POLICE + COURTS

Court says gun law targeting domestic violence suspects is unconstitutional

Feb 3, 2023, 6:00 AM | Updated: 10:05 am

A federal law that prohibits people subject to domestic violence restraining orders from possessing...

A federal law that prohibits people subject to domestic violence restraining orders from possessing firearms is unconstitutional, a conservative-leaning appeals court ruled on February 2. Supporters of gun control and firearm safety measures protest at the US Supreme Court in 2019. Photo credit: SAUL LOEB/AFP/AFP via Getty Images

 (CNN) — A federal law that prohibits people subject to domestic violence restraining orders from possessing firearms is unconstitutional, a conservative-leaning appeals court ruled Thursday.

The ruling is the latest significant decision dismantling a gun restriction in the wake of the Supreme Court’s expansion of Second Amendment rights last year in the New York State Rifle & Pistol Association, Inc. v. Bruen decision.

The 5th US Circuit Court of Appeals said that the federal law targeting those believed to pose a domestic violence threat could not stand under the Bruen test, which requires that gun laws have a historical analogy to the firearm regulations in place at the time of the Constitution’s framing.

“Through that lens, we conclude that (the law’s) ban on possession of firearms is an ‘outlier’ that our ancestors would never have accepted,” the 5th Circuit said.

The Justice Department signaled Thursday night that it plans to appeal the ruling. Attorney General Merrick Garland said in a statement that Congress had determined the statute “nearly 30 years ago.”

“Whether analyzed through the lens of Supreme Court precedent, or of the text, history, and tradition of the Second Amendment, that statute is constitutional. Accordingly, the Department will seek further review of the Fifth Circuit’s contrary decision,” he said.

The Justice Department did not specify its next step in seeking review of the ruling, which could include asking the 5th US Circuit Court of Appeals for an en banc rehearing by all the judges on the court, or asking the US Supreme Court to take up an appeal.

The court’s opinion was written by Judge Cory Todd Wilson, who was appointed by former President Donald Trump. He was joined by Reagan-appointee Judge Edith Jones and Judge James Ho, another Trump appointee who also wrote a concurrence.

The 5th Circuit panel was not persuaded by the historical parallels put forward by the US Justice Department, which was defending the conviction of a person who possessed a firearm while under a domestic violence restraining order that had been imposed after he was accused of assaulting his ex-girlfriend. The Justice Department argued that the domestic violence law was analogous to 17th-and 18th century regulations that disarmed “dangerous” persons.

“The purpose of these ‘dangerousness’ laws was the preservation of political and social order, not the protection of an identified person from the specific threat posed by another,” the 5th Circuit opinion read. “Therefore, laws disarming ‘dangerous’ classes of people are not ‘relevantly similar'” to “serve as historical analogues.”

A spokesperson for the Justice Department did not immediately respond to a CNN inquiry. If the 5th Circuit’s ruling is appealed, it could set up another showdown over gun rights at the Supreme Court.

Steve Vladeck, a CNN Supreme Court analyst and professor at the University of Texas School of Law, said clarity from the court is necessary.

“One of two things is true: Either this kind of blind, rigid, context-free, and common-sense-defying assessment of history is exactly what the Supreme Court intended in its landmark ruling last June in Bruen, or it isn’t,” Vladeck said.

“Either way, it’s incumbent upon the justices in the Bruen majority to clarify which one they meant — and to either endorse or reject the rather terrifying idea that individuals under an active domestic violence-related restraining order are nevertheless constitutionally entitled to possess firearms,” he added.

The defendant challenging his conviction, Zackey Rahimi, had lost in an earlier round before the 5th Circuit, before the Supreme Court issued its Bruen ruling last year. The previous 5th Circuit opinion was withdrawn after the Bruen decision was handed down, and the appeals court did another round of briefing directed at the new test.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Crime, Police + Courts

Salt Lake Police Department are investigating a crash between a motorcycle and SUV, that led to cri...

Emma Keddington

Critical injury crash reported between motorcycle and SUV Downtown

SALT LAKE CITY — Salt Lake Police Department is investigating a crash in Central City, involving a motorcyclist and an SUV,  causing critical injuries to the motorcyclist.  The crash, taking place in a neighborhood around 350 South and 200 East, was reported at around 5:25 p.m. Monday, March 18.  The-28-year old motorcyclist was taken to […]

48 minutes ago

A Logan police cruiser is pictured outside the department on Thursday, Nov. 14, 2019....

Jessica Lowell

Logan Police Department releases new arrest details

Logan Police Department said former officer Carlos Cubias has been part of a year long internal investigation after being accused of sexual abuse.

3 hours ago

tooele health department sign, the department is investigating counterfeit car seat cases...

Alex Cabrero, KSL TV

Four ways to figure out if you have a counterfeit car seat

The Tooele County Health Department says the registration card is one of the four most important things you can do to check for a counterfeit car seat.

4 hours ago

L - People leave the U.S. Supreme Court on February 21, 2024. 
R - Immigrants walk handcuffed after...

LINDSAY WHITEHURST Associated Press

Supreme Court extends block on Texas law that would allow police to arrest migrants

Opponents have called the law the most dramatic attempt by a state to police immigration in more than a decade.

5 hours ago

Former US President and current GOP Presidential candidate Donald Trump...

MICHAEL R. SISAK, Associated Press

Trump’s lawyers say it is impossible for him to post bond covering $454 million civil fraud judgment

Trump's lawyers said “obtaining an appeal bond in the full amount” of the judgment “is not possible under the circumstances presented."

5 hours ago

supreme court shown, social media decision...

MARK SHERMAN, Associated Press

Supreme Court seems favorable to Biden administration over efforts to combat social media posts

The case Monday was among several the court is considering that affect social media companies in the context of free speech.

6 hours ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

Court says gun law targeting domestic violence suspects is unconstitutional