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Supreme Court to Determine if Judicial Overreach Has Occurred in Revoking Gun Laws

by Madison Thomas
5 comments
Gun Laws Supreme Court Review

A year following its pivotal ruling on gun rights, the Supreme Court on Friday consented to consider whether certain judges have overstepped their bounds in annulling firearm regulations.

The case the justices will hear is the Biden administration’s appeal against a ruling that dismissed a federal law as unconstitutional. This law intended to prevent people with domestic violence restraining orders from accessing firearms.

The hearing will occur in the autumn and will be the court’s first chance to set parameters on the novel criteria for assessing gun laws that its conservative majority established last June.

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The case, now famously referred to as Bruen, has led to the upheaval of gun laws nationwide. It has resulted in a spate of rulings that revoked some enduring firearm restrictions, and it has also sparked uncertainty about which laws can persist.

Justice Clarence Thomas, supported by the other five conservative justices, wrote in his opinion that governments must demonstrate that their gun control laws align with “the Nation’s historical tradition of firearm regulation.” Prior to this ruling, judges had the liberty to deliberate if a law caters to the public interest, such as enhancing public safety.

Over the past year, judges have also nullified federal laws that prohibited gun ownership for individuals charged with serious offenses or who use marijuana. Other judgments have questioned the federal ban on possessing firearms with erased serial numbers, the ban on federal firearm licensees selling handguns to those under 21, and Delaware’s prohibition on owning homemade “ghost guns.”

Lower courts are currently scrutinizing challenges to states’ prohibitions on the sale of so-called assault weapons and high-capacity magazines. The Supreme Court in May dismissed an urgent request to suspend an Illinois law while its court challenge is underway.

The case now under the court’s scrutiny involves Zackey Rahimi, whose conviction for possessing guns while under a restraining order was overturned by a trio of Republican-appointed judges on the 5th U.S. Circuit Court of Appeals.

Rahimi participated in five shootings over a span of two months in and around Arlington, Texas, noted U.S. Circuit Judge Cory Wilson. When police identified Rahimi as the shooting suspect and confronted him at his residence with a search warrant, Rahimi confessed to having guns in his home and to being under a domestic violence restraining order prohibiting gun ownership, Wilson detailed.

Despite Rahimi not being an exemplary citizen, Wilson determined that Rahimi did not forfeit his constitutional right to bear arms. Wilson, writing for the unanimous panel, argued that the law under question could not be validated by historical context.

Judges Wilson and James Ho were nominated by President Donald Trump, while the third judge, Edith Jones, was appointed by President Ronald Reagan.

Following the Supreme Court’s ruling in Bruen, the appeals court reconsidered its initial decision to uphold Rahimi’s conviction. Since the Bruen ruling, at least one district court has sustained the law.

Citing a prior high court ruling on gun bans for domestic violence convicts, Solicitor General Elizabeth Prelogar, the Biden administration’s lead Supreme Court attorney, encouraged the justices to review the case. Prelogar stated that, in the United States, over a million incidents of domestic violence occur annually, and the presence of a firearm can heighten the risk of violence turning lethal.

On the day the justices completed their deliberations on recent cases, the dispute over a gun law was one of six cases added to the court’s agenda for the term beginning on the first Monday in October.

Other cases include:

  • A Biden administration appeal of a 5th Circuit verdict that may significantly impact the Securities and Exchange Commission and other regulatory bodies. The appeals court annulled substantial financial penalties levied on hedge fund manager George R. Jarkesy by the SEC.

  • A query on whether employees can make job discrimination claims under federal civil rights law without experiencing a demotion or pay reduction. The case the court has taken up involves a sex discrimination claim by a St. Louis police sergeant who was transferred against her will.

Frequently Asked Questions (FAQs) about Gun Laws Supreme Court Review

What is the Supreme Court planning to review?

The Supreme Court plans to review whether judges have overstepped their bounds by overturning gun restrictions. This decision comes a year after a significant ruling on gun rights.

Who are the involved parties in the case the Supreme Court will hear?

The Supreme Court will hear the Biden administration’s appeal of a ruling that dismissed a federal law as unconstitutional. This law was meant to keep guns away from individuals with domestic violence restraining orders.

What has the Bruen case’s effect been on gun laws across the country?

The Bruen case, a landmark decision by the Supreme Court, has resulted in the revocation of some long-standing restrictions on firearms across the nation. However, it has also sparked uncertainty about which laws can continue to exist.

Who is Zackey Rahimi and why is his case significant?

Zackey Rahimi is the subject of the case that the Supreme Court will review. His conviction for possessing guns while under a restraining order was overturned by the 5th U.S. Circuit Court of Appeals, leading to questions about judicial overreach and the interpretation of constitutional rights related to firearms.

What other cases have been added to the Supreme Court’s agenda for the upcoming term?

Other cases include a Biden administration appeal of a decision by the 5th Circuit that could significantly affect the Securities and Exchange Commission, and a case regarding job discrimination claims under federal civil rights law, even when those workers are not demoted or docked pay.

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5 comments

IReadALot July 1, 2023 - 4:34 am

its interesting to see the supreme court reconsidering rulings… hope they make the right decision, it’s not just about guns, it’s about our rights.

Reply
LarryTheConstitutionalist July 1, 2023 - 7:40 am

constitution says right to bear arms. thats it. doesnt matter what you did or didn’t do. theyre trying to take our guns away.

Reply
JamesonMiller July 1, 2023 - 11:42 am

well i guess its about time the Supreme court steps in. Feels like some of these judges are just doin’ what they want with gun laws.

Reply
Sue_RightsAdvocate July 1, 2023 - 2:45 pm

Can’t believe this is still happening… We need stronger gun control, not less! how many more people need to get hurt?

Reply
ProudTexan July 1, 2023 - 4:18 pm

Rahimi case is a tough one, aint no saint but everybody’s got rights. Lets see what the high court’s got to say…

Reply

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