U.S. Supreme Court Upholds Law Revoking Firearms Rights of Individuals Accused of Domestic Violence

Conflicts frequently arise pitting an individual’s Second Amendment right to bear arms against the public interest in preventing potential crime. One example is the controversial federal law that requires someone to give up their firearms temporarily if they are the subject of a domestic violence protective or restraining order. In a case involving a Texas defendant, the United States Supreme Court considered whether gun rights can be restricted even if the person in question has not been convicted of a crime. 

In a significant 8-1 decision, the United States Supreme Court reversed a Fifth Circuit ruling and affirmed the government’s ability to bar someone from possessing a firearm if a civil court has ruled that they pose a threat to an intimate partner. Many observers expected a different result in the case, U.S. v. Rahimi, based on decisions form the Court in the past few years addressing Second Amendment issues.

After an argument with his girlfriend in a parking lot, a domestic violence restraining order was imposed on Zackey Rahimi. During that incident, Rahimi had fired his gun at a bystander. While still subject to the provisions of the order, Rahimi was suspected in several other incidents involving firearm use and threats. Upon a search of his residence, he was arrested when police found he still possessed his gun in violation of the order.  

Though Rahimi claimed that disarming someone based solely on a protective order without a criminal conviction was unconstitutional, Chief Justice John Roberts disagreed. Writing for the majority, he noted that the United States has a long tradition of regulating firearm use among people found to present a threat to others. Despite the recent precedents that expanded the scope of gun rights, the decision notes that the Second Amendment does have some limits. 

This ruling has far-reaching implications for future gun regulation cases and individuals accused of domestic violence. Someone who has been named in a civil restraining order might choose not to contest the allegations made against them because they plan on staying away from the person who filed the complaint. However, it’s important to understand that failing to oppose the claim against you could infringe upon your ability to protect yourself and expose you to a federal criminal charge.    

If you’ve been accused of domestic violence or possessing a firearm while subject to a restraining order, it’s time to call Kevin L. Collins, P.C. Our San Antonio firm defends Texans accused of criminal misconduct and battles to stop the imposition of unwarranted sanctions. Please call +12102239480 or contact us online to discuss your case with a Board-certified criminal defense attorney. 

By Kevin L. Collins | Published February 1, 2025 | Posted in Criminal Case, Domestic Violence | Tagged Accused, domestic violence, firearms