Circuit Court Delivers Jaw-Dropping Power To ARMED Domestic Abusers

The 5th U.S. Circuit Court of Appeals ruled in favor of allowing domestic abusers the right to own guns even though there is chilling proof that it creates far worse danger for partners. John Iadarola and Brett Erlich break it down on The Damage Report.

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5th Circuit Rules That People Accused of Domestic Violence Have a Right to Keep Their Guns

"The Second Amendment protects an individual’s right to possess a gun while under a restraining order for domestic violence, the 5th U.S. Circuit Court of Appeals ruled on Thursday in a decision with alarming implications for gun violence in America. Although mass shootings and intimate partner murders are heavily linked to domestic violence, the 5th Circuit held that the government cannot disarm alleged abusers solely because they are subject to a civil protective order. The court vacated the conviction of a man, Zackey Rahimi, who possessed a gun after allegedly assaulting his girlfriend, and invalidated the federal law that prevents alleged abusers from bearing arms. If upheld, its decision will prove lethal to countless Americans who rely on the government to protect them from intimate partner violence.

Thursday’s ruling in U.S. v. Rahimi springs from the Supreme Court’s recent decision in last year’s Bruen, which dramatically expanded the scope of the Second Amendment. Justice Clarence Thomas’ majority opinion in Bruen held that all restrictions on the right to “armed self-defense” are presumptively unconstitutional. The only gun safety laws that pass legal muster, Thomas declared, are those with “historical analogues” from 1791 (when the Second Amendment was ratified) or 1868 (when it was applied to the states). This sea change in the law created a flood of litigation in the lower courts as litigants tried to prove that modern gun restrictions were not deeply rooted in American history. Courts have been receptive, relying on Bruen to strike down a slew of laws targeting the criminal use of firearms."

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