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  • World - North America
  • Updated: June 21, 2024

US Supreme court upholds gun ban for individuals with domestic violence

US Supreme court upholds gun ban for individuals with domest

The US Supreme Court, on Friday, upheld a federal law that prevents individuals under domestic violence restraining orders from possessing firearms. 

Chief Justice John Roberts, writing for the 8-1 majority, emphasized the court's stance that public safety can justify temporary restrictions on gun ownership.

“When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.”

This decision is the first major gun rights case the Supreme Court has tackled since its ruling last year that relaxed certain gun restrictions.

In that previous ruling, the court, with a conservative majority of 6-3, stated that only “reasonable” exceptions to the Second Amendment right to bear arms would be allowed, and that these exceptions must be grounded in historical precedents from the late 18th to the 19th century.

Since the 2022 decision, lower courts have struggled with how to apply this historical framework to modern gun regulations. They must now determine whether current laws align with the historical context and traditions of firearms regulation in early American history.

On the basis of that decision, an ultraconservative appeals court ruled in March that a federal law banning gun ownership by people with domestic violence restraining orders was unconstitutional, for lack of historical precedent.

Roberts wrote that “some courts have misunderstood the methodology of our recent Second Amendment cases. These precedents were not meant to suggest a law trapped in amber.”

This latest ruling reinforces the idea that while the right to bear arms is protected, it can be reasonably restricted in situations where an individual's behavior poses a significant threat to public safety.

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