WASHINGTON — WASHINGTON — The Justice Department asked the Supreme Court for a federal law that makes it a crime to possess firearms by people who are subject to domestic violence restraining order.
A three-judge panel from the 5th U.S. Circuit Court of Appeals heard evidence in February. The ban was declared unconstitutional by the Circuit Court of Appeals of New Orleans. claiming it violated the Second Amendment of the U.S. Constitution. This was the latest victory for gun advocates after a Supreme Court decision last June that granted broad rights to people to carry firearms beyond the home.
In a Supreme Court decision, the Supreme Court announced a new test to assess firearms laws. It stated that restrictions must “consistent in this nation’s historic tradition of firearm regulation” and not just advance an important government interest.
Jake Charles, a Pepperdine University law professor who is an expert on gun control issues, posted the Justice Department’s petition to appeal to the Supreme Court late Friday. A petition can take up to several days to be uploaded to the public docket.
The petition states that “more than a million domestic violence incidents occur annually in the United States, and the presence a firearm increases violence’s potential to escalate into homicide.”
The Justice Department stated that it is pursuing the Supreme Court appeal under a “highly expedited timeline” in order to allow justices to take up the case before the current term ends.
The 5th Circuit panel was composed of three Republican-appointed judges and tossed the guilty plea and six year sentence for Zackey Rahimi. He admitted to possessing guns in his Kennedale, Texas home and had been accused of participating in five shootings between Dec. 2020 and January 2021.
Rahimi was placed under a restraining orders since February 2020 after he allegedly assaulted his former girlfriend.
The Justice Department and the federal public defender representing Rahimi did not immediately respond to our requests for comment.