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Supreme Court upholds restraining-order firearm ban in Rahimi, narrows but complicates Bruen test

Term Talk Podcast from the Federal Judicial Center · September 26, 2024
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Summary

In United States v. Rahimi, the Supreme Court (8-1) upheld a federal statute barring people subject to domestic-violence restraining orders from possessing firearms, adopting a broader historical-analog approach that experts say will leave lower courts with mixed signals about other gun regulations.

The Supreme Court on the most recent Term upheld a federal law that prohibits people subject to domestic-violence restraining orders from possessing firearms, reversing the Fifth Circuit in an 8–1 decision.

The case centered on whether the federal statute can survive the historical-analogy test the Court set out in New York State Rifle & Pistol Association v. Bruen (2022). Erwin Chemerinsky, dean and professor of law, said the majority, written by Chief Justice Roberts, found "sufficiently similar analogs" in historical practice to permit the restriction. "The Supreme Court in an 8 to 1 decision reversed," Chemerinsky said, summarizing the outcome.

Why it matters: Bruen instructed courts to measure modern firearm regulations against history and…

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