Credible Threat
“When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment,” the majority opinion stated.
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“Since the Founding, the Nation’s firearm laws have included regulations to stop individuals who threaten physical harm to others from misusing firearms.”
Zackey Rahimi Case
The case involved Zackey Rahimi, a Texas drug dealer, who received a restraining order in 2020 after assaulting his then-girlfriend.
Source: Freepik
The order prohibited him from contacting the woman or her family and from possessing a firearm for two years.
Maintains Imprisoned
Rahimi, who is currently incarcerated, argued that his Second Amendment rights were violated.
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Despite the restraining order, Rahimi was implicated in five subsequent shootings in Arlington.
Firing Shots Consistently
“On December 1, after selling narcotics to an individual, he fired multiple shots into that individual’s residence,” the filing states.
Source: Freepik
“The following day, Rahimi was involved in a car accident. He exited his vehicle, shot at the other driver, and fled the scene.”
Danger to the Public
“He returned to the scene in a different vehicle and shot at the other driver’s car. On December 22, Rahimi shot at a constable’s vehicle.”
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“On January 7, Rahimi fired multiple shots in the air after his friend’s credit card was declined at a Whataburger restaurant.”
Sentenced for Crimes Committed
Rahimi was indicted, convicted, and sentenced to six years in prison.
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In February 2023, the 5th U.S. Circuit Court of Appeals overturned Rahimi’s conviction.
Opposing Statement
Judge Cory T. Wilson, a former Mississippi state legislator with strong anti-gun control views, appointed by former President Donald Trump, wrote in the ruling, “Could speeders be stripped of their right to keep and bear arms? Political nonconformists? People who do not recycle or drive an electric vehicle?”
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“Rahimi, while hardly a model citizen, is nonetheless part of the political community entitled to the Second Amendment’s guarantees, all other things equal,” Wilson opined.
Justice Thomas’ Dissent
Justice Thomas, in his dissent on Friday, contended that taking away a domestic abuser’s gun rights due to a protective order violated due process, describing it as “an automatic, uncontestable consequence of certain orders.”
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“There is no hearing or opportunity to be heard on the statute’s applicability, and a court need not decide whether a person should be disarmed under §922(g)(8),” Thomas argued. “The only process §922(g)(8) requires is that provided (or not) for the underlying restraining order.”
“Preservation of liberty”
Thomas emphasized that the Second Amendment serves as “a barrier, placing the right to keep and bear arms off limits to the Government.”
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“The Framers and ratifying public understood ‘that the right to keep and bear arms was essential to the preservation of liberty,’” he concluded.
Second Amendment Rights Challenged
“Yet, in the interest of ensuring the Government can regulate one subset of society, today’s decision puts at risk the Second Amendment rights of many more.”
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“I respectfully dissent.”
Court’s Decision Praised
Following the ruling, New York State Attorney General Letitia James praised the court’s decision, calling basic gun laws “commonsense guardrails.”
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James, along with a coalition of 25 attorneys general, submitted an amicus brief in the Rahimi case, highlighting that intimate partners are five times more likely to be murdered by an abuser if a firearm is present in the home.