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Supreme Court decisions
No. 22-915Jun 21, 2024Crime and Law EnforcementReversed and remanded

The question

Whether a federal law that bars someone subject to a domestic-violence restraining order from possessing a gun violates the Second Amendment.

United States v. Rahimi

What the Court decided

The Court upheld a federal law that disarms people under domestic-violence restraining orders. It held that when a court has found a person to be a credible threat to another's safety, temporarily taking away their guns fits the nation's history of firearm regulation and does not violate the Second Amendment. The decision narrowed how broadly its earlier Bruen ruling reaches.

How the justices split

8-1
In favor 8Against 1
Roberts
Alito
Sotomayor
Kagan
Gorsuch
Kavanaugh
Barrett
Jackson
Thomas

The Court's opinion

Roberts, joined by Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, Jackson

American history includes laws disarming people found to be dangerous, such as surety and going-armed laws. A modern order temporarily disarming someone a court has found to be a credible threat to another fits that tradition, so the federal law is constitutional. The Second Amendment inquiry looks for a historical principle, not a identical historical twin.

Dissenting

Thomas, writing alone

The lone dissent argued the government identified no historical law that is a close enough match, and that under the Court's own Bruen test a modern gun restriction must have a well-established historical analogue, which this one lacks.

How we know · 3 sourced claims
  • The Court held that a person found by a court to be a credible threat to another's safety may be temporarily disarmed consistent with the Second Amendment.

    Source: syllabus, Held, at 22-915

  • The Court grounded the ruling in historical surety and going-armed laws.

    Source: opinion of the Court (Roberts, C.J.)

  • Roberts, C.J., wrote for an eight-Justice majority; Thomas, J., was the sole dissenter.

    Source: syllabus, lineup

Read the opinion on supremecourt.gov