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Gun Rights and Domestic Violence Restraining Orders

The United States Court of Appeals for the Fifth Circuit holds 18 U.S.C. § 922(g)(8), is unconstitutional under the Second Amendment of the United States Constitution.

Applying the analysis in N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), the Fifth Circuit said:

“Doubtless, 18 U.S.C. § 922(g)(8) embodies salutary policy goals meant to protect vulnerable people in our society. Weighing those policy goals’ merits through the sort of means-end scrutiny our prior precedent indulged, we previously concluded that the societal benefits of § 922(g)(8) outweighed its burden on Rahimi’s Second Amendment rights. But Bruen forecloses any such analysis in favor of a historical analogical inquiry into the scope of the allowable burden on the Second Amendment right. Through that lens, we conclude that § 922(g)(8)’s ban on possession of firearms is an ‘outlier’ that our ancestors would never have accepted.” Id. Therefore, the statute is unconstitutional, and Rahimi’s conviction under that statute must be vacated.”

Contact the Sierra Law Center, APC to discuss your California Gun Rights – (530) 798-3548.