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Abstract: 

Earlier this year, a federal court in Texas found unconstitutional the prohibition preventing those restrained by qualifying domestic violence orders of protection from having or owning or possessing firearms and ammunition during the time a qualifying civil protective domestic violence order is in place under 18 U.S.C. § 922(g)(8). In striking down the prohibition and vacating the defendant’s sentence resulting from a series of violent firearms-related incidents, the court came to a dangerous, extreme, and unnecessary conclusion that puts survivors and communities at risk, and prevents enforcement of this lifesaving domestic violence prevention policy in the three states directly impacted. Professor Weber analyzes the decision in United States v. Rahimi in light of the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc.v. Bruen and explores the implications of these legally problematic rulings.

Keywords: United States v. Rahimi; New York State Rifle & Pistol Association, Inc. v. Bruen

Affiliations:  1: Golden Gate University School of Law.