The Department of Justice (DOJ) has requested the Supreme Court to review an appeals court ruling that overturned a federal law that previously banned those with domestic violence restraining orders from being allowed to own firearms.
In February, the Fifth Circuit Court of Appeals ruled that the law was not constitutional following the Supreme Court’s decision last June in New York State Rifle & Pistol Association v. Bruen, which determined that gun regulations needed to fall in line with the historic traditions regarding gun control in the country.
Following this decision, the DOJ filed a petition with the high court to have the case reviewed on a “highly expedited schedule,” claiming that the appeals court ruling had resulted in “significant disruptive consequences.” The expedited schedule would potentially mean that the Supreme Court would look at the case before the summer recess.
The government has argued in the petition that the Fifth Circuit in their ruling had not taken into account the “strong historical evidence” of the government disarming individuals that were considered dangerous throughout history. The DOJ further wrote that the Court when considering the historic tradition should realize that “‘even if a modern-day regulation is not a dead ringer for historical precursors, it still may be analogous enough to pass constitutional muster.’”
The case centers on Zackey Rahimi, who pleaded guilty to charges regarding possession of firearms while he had a restraining order from his ex-girlfriend. His appeal had been filed following the Supreme Court’s ruling last June.