"A federal appeals court has struck down a ban on gun possession by people subject to domestic-violence restraining orders, citing the historical approach required by the U.S. Supreme Court’s latest Second Amendment precedent.
In a Feb. 2 opinion, the 5th U.S. Circuit Court of Appeals at New Orleans vacated the conviction of Zackey Rahimi and struck down the law.
Rahimi was subject to a February 2020 civil protective order after an alleged assault of his ex-girlfriend. In December 2020 and January 2021, Rahimi was accused of several shootings. They included instances in which he allegedly shot at a driver and a car after a car crash. In another incident, he allegedly fired shots into the air after his friend’s credit card was declined at a Whataburger restaurant.
Police searched Rahimi’s home and found guns. He was charged under a federal law that bans possession of a firearm by anyone who is deemed by a judge to be a “credible threat” to an intimate partner or to that person’s child after notice and a court hearing.
A 5th Circuit panel originally upheld the law. But the panel withdrew its opinion and required supplemental briefing after the Supreme court decided New York State Rifle & Pistol Association v. Bruen in June 2022.”
This article was originally posted in the ABA Journal.
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