California Governor Urges Supreme Court to Uphold Gun Restrictions in Domestic Violence Cases
Governor Gavin Newsom of California is advocating for the Supreme Court to uphold federal laws that prohibit individuals with domestic violence restraining orders from possessing firearms. The governor filed an amicus brief in support of this position in a case known as United States v. Rahimi. This comes after the Biden administration appealed a decision by the 5th U.S. Circuit Court of Appeals that declared a federal red flag statute unconstitutional under the Second Amendment.
The case in question involves a criminal defendant named Zackey Rahimi, who was charged with violating a federal statute that criminalizes the possession of a firearm under a domestic violence restraining order. While Rahimi will still face charges for other offenses, his attorneys are seeking to invalidate this specific charge at the Supreme Court. The outcome of this case could have significant implications for gun regulations across the country.
Governor Newsom argues in his amicus brief that the 5th Circuit used flawed reasoning in its interpretation and application of last year’s landmark decision in New York State Rifle & Pistol Ass’n v. Bruen. According to Newsom, this decision emphasized that the historical tradition of firearm regulation should determine the constitutionality of such laws. He contends that multiple courts have misinterpreted this approach, calling for a reversal of the lower court’s decision.
Proponents of gun control, including Governor Newsom, have filed numerous briefs urging the Supreme Court to uphold the federal statute and reverse previous decisions that struck down certain gun laws. Conversely, pro-gun groups such as Gun Owners of America support the 5th Circuit’s decision, arguing that the statute unjustly disarms individuals who have not been convicted of a crime.
The Supreme Court is set to hear arguments in this case in the fall, with a decision expected in June of next year. Until then, the legal battle over gun restrictions in domestic violence cases continues, highlighting the ongoing debate over gun control and the interpretation of the Second Amendment.
