Supreme Court to Decide Whether Some Domestic Abusers Can Have Guns

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Supreme Court to Decide Whether Some Domestic Abusers Can Have Guns
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The United States Supreme Court.

n Tuesday, the Supreme Court will consider whether the government can deny access to guns for those placed under a domestic violence protection order.

The stakes of Rahimi’s case pit the safety of domestic violence victims against the nation’s broad Second Amendment rights. Gun rights groups stress that people facing a protection order have not been convicted of a crime. “The Government seeks to turn Americans who have never committed a felony into felons based on their mere act of possessing a firearm, and claims to justify this with historically unsupportable rationales,” gun-rights groups argued in anin this case. They stated that Rahimi had agreed to a two-year protective order but was not represented by counsel.

Bruen’s new standard “introduced a lot of uncertainty and divergent results in the lower courts,” says Joseph Blocher, a professor at Duke University School of Law and gun rights expert. “It's quite hard for judges, lawyers and law clerks to figure out what regulatory traditions were in 1791 when the categories of rights holders and the kinds of weapons available were just so different.”

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