In a recent decision, the U.S. Supreme Court upheld a federal law that prevents individuals subject to a restraining order for domestic violence from possessing a firearm. This is slightly surprising, given how the conservative-leaning Supreme Court has been issuing decisions lately, making it harder for the government to restrict gun ownership and use.

If you own a gun and have been accused of domestic violence, this recent court decision could jeopardize your ability to keep your firearm. Failing to give up possession should you be required to forfeit your gun could lead to further criminal liability. The LLF Law Firm's Criminal Defense Team can help you if you find yourself in these types of situations. You can set up a consultation by calling 888-535-3686 or using our online contact form.

United States v. Rahimi

In the case, United States v. Rahimi, the Supreme Court ruled 8-1 to uphold a law that made it illegal for someone with a domestic violence restraining order against them to possess a firearm. For this law to apply to a gun owner, three elements must exist.

First, the restraining order must prohibit the defendant from harassing, stalking, or threatening an intimate partner or a child of the defendant or partner. Alternatively, the restraining order must prohibit the defendant from engaging in any conduct that would place the intimate partner in reasonable fear of bodily injury. This law defines an intimate partner as not just a significant other or spouse but also anyone with whom the defendant lives or has lived.

Second, before a court enters the restraining order, the defendant must have notice of a restraining order hearing and the chance to defend themselves at that hearing.

Third, the court granting the restraining order must either find that the defendant poses a credible threat to the physical safety of the person seeking the restraining order or explicitly prohibit the use of physical force against the person asking for the restraining order. Either of these scenarios will also exist if they apply to the child of the defendant or the child of the person seeking the restraining order.

In the Rahimi case, the primary legal question wasn't whether this law applied to the defendant. Instead, it was whether this law violated the defendant's Second Amendment rights.

In concluding that it didn't, the Supreme Court recognized that ever since the founding of the United States (and even before), laws existed to prevent gun possession by individuals who could misuse their gun rights to harm or threaten others.

Are You Subject to a Restraining Order and Own a Gun?

The Rahimi decision makes it clear that there are special procedures and laws in place for restricting the gun ownership rights of an individual, even someone charged with domestic violence. Don't let a protection from abuse order or domestic violence charges prevent you from owning a gun. The moment you learn that either of these scenarios may apply to you, contact the Criminal Defense Team at the LLF Law Firm. We have many years of experience helping those in similar situations protect their rights and navigate this complicated and stressful process. You can call us at 888-535-3686 or use our online form to schedule a consultation.