United States v. Rahimi

In United States v. Rahimi, the Supreme Court ruled on June 21, 2024, that a federal law prohibiting individuals subject to domestic violence restraining orders from possessing firearms does not violate the Second Amendment. The case arose after Zackey Rahimi, who was under a restraining order for assaulting his girlfriend and firing a weapon, was found in possession of guns and charged under 18 U.S.C. § 922(g)(8). The Fifth Circuit had struck down the law, applying the Supreme Court's 2022 Bruen decision which requires gun laws to align with historical tradition. The Supreme Court reversed, holding that the government may disarm individuals who pose a credible threat to others' physical safety, finding sufficient historical analogues such as surety laws and the disarmament of dangerous persons. Chief Justice John Roberts authored the 8-1 majority opinion, with Justice Clarence Thomas dissenting.

The Supreme Court upheld the law in an 8-1 decision, ruling that the Second Amendment permits temporary disarmament of individuals found by a court to pose a credible threat to others' physical safety, such as those under domestic violence protective orders.

Whether 18 U.S.C. § 922(g)(8), which criminalizes firearm possession by individuals subject to domestic violence restraining orders, violates the Second Amendment right to bear arms under the historical tradition test established in New York State Rifle & Pistol Association v. Bruen.

The ruling affirmed the constitutionality of "red flag" type laws designed to keep guns away from dangerous individuals, providing critical protection for victims of domestic violence while clarifying the scope of Bruen. It was hailed by gun control advocates and domestic violence prevention groups as a common-sense safeguard, and it set a precedent for evaluating modern firearm regulations against historical analogues.