The Supreme Court of the United States recently heard arguments in a case that could confirm the right of the government to prohibit gun owners from having their weapons if they have been served with what's known in Pennsylvania as a Protection from Abuse order, or in other states as a restraining order. If you're facing a Protection from Abuse order in Pennsylvania and need help understanding what your rights are, contact the LLF Law Firm Criminal Defense Team at 888.535.3686 or through our contact form. Our experienced attorneys will discuss your situation with you and let you know how we can help.

Background to the Gun Rights Case

The case involved a Texas court's protective order that barred the person named in the order, Zackey Rahimi, from having contact with his girlfriend, who had requested the order. It also prohibited him from having guns. When Rahimi was later arrested and found to have a number of guns in violation of the court order, he was charged with violating a federal law that prohibits anyone subject to a domestic violence protective order from possessing “any firearm or ammunition.”

Rahmini pleaded guilty to the charge, but his conviction was reversed by the Fifth Circuit Court of Appeals on the grounds that the federal law was unconstitutional. The Department of Justice appealed the Fifth Circuit's decision to the Supreme Court. While the case hasn't yet been decided – and is unlikely to be before sometime in mid-2024 -- reports from the oral argument suggest that justices on both the liberal and conservative sides of the Court seemed to agree with arguments that the law is likely constitutional, either on its face or because it is consistent with other laws that restrict dangerous people's access to guns.

Impact on PFAs in Pennsylvania

The Fifth Circuit's decision finding the federal statute unconstitutional only affects states in that federal district – Mississippi, Louisiana, and Texas. In Pennsylvania, which is in the Third Circuit, the federal law remains valid, and judges can still restrict you from having your firearms if you are the target of a PFA order that finds you are a threat to the person who requested it. Of course, if the Supreme Court upholds the Fifth Circuit's decision – which would surprise court observers who believe, based on the oral argument, that the Court will overturn the decision – then gun prohibitions as part of PFA orders could be history in Pennsylvania as well.

You Need a Strong, Informed Advocate in a PFA Case

If you've been served with a PFA and believe it was wrongly granted or have questions about what you can and cannot do as a result of the order, contact the LLF Law Firm Criminal Defense Team today. Our experienced attorneys understand the laws and procedures used in PFA cases, and can help you make sure you follow the order's requirements while, where appropriate, helping you modify or contest the order. Call us today at 888.535.3686 or use our contact form to set up a confidential consultation to learn more about how we can help.