The United States has petitioned the Supreme Court to reverse a lower court’s invalidation of a law prohibiting firearms possession by individuals subject to a domestic-violence restraining order.
was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury . . . .to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
The appeals court initially ruled against Rahimi, relying on its 2020 decision affirming the constitutionality of § 922. The Supreme Court later issued its 2022 landmark decision,, the Supreme Court held that when conduct—such as possession of a firearm commonly used for self-defense—falls within the scope of the Second Amendment, the government bears the burden of showing any restraint on that conduct “is consistent with this Nation’s historical tradition of firearm regulation.
The Solicitor General’s petition takes issue with the appeals court’s analysis of the purported analogs, noting thatheld that “even if a modern-day regulation is not a dead ringer for historical precursors, it still may be analogous enough to pass constitutional muster.”in response to the Solicitor General’s petition argues that the purported analogs are so dissimilar from § 922 as to disqualify them under theframework.
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