[DV_listserv] US v. Rahimi decision is out!

[Domestic Violence issues]

GOOD NEWS this Friday morning for the protection of DV survivors!

The Supreme Court issued their decision in US v. Rahimi today! In an 8-1 opinion, they rejected the challenge to the constitutionality of the federal law banning the possession of a firearm by those subject to (qualifying) domestic violence restraining orders.  They held that where an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be disarmed consistent with the Second Amendment.

This is a HUGE relief on this particular case. But this issue and problem won't be going away anytime soon. Even with just this decision, there are 5 concurring (1 dissenting opinion)- suggesting different views for how lower courts should evaluate review of 2nd amendment issues. There's an interesting article linked below pointing out some of the problems/ arguments we might still expect to encounter going forward.

But for today, it's a win for DV survivors.

Reminder, that we have similarly structured prohibitions under Oregon law (ORS 166.255/166.250) that prohibit respondents in qualifying protection orders from possessing firearms/ammunition. (And also prohibit those convicted of certain DV misdemeanors of possessing firearms/ammunition).

LINKS:
SCOTUSblog article: Supreme Court upholds bar on guns under domestic-violence restraining orders - SCOTUSblog<https://www.scotusblog.com/2024/06/supreme-court-upholds-bar-on-guns-with-domestic-violence-restraining-orders/>

US v. Rahimi Opinion (it's over 100 pages): 22-915 United States v. Rahimi (06/21/2024) (supremecourt.gov)<https://www.supremecourt.gov/opinions/23pdf/22-915_8o6b.pdf>

US AG Merrick Garland Statement: Office of Public Affairs | Attorney General Merrick B. Garland Statement on Supreme Court's Decision in United States v. Rahimi | United States Department of Justice<https://www.justice.gov/opa/pr/attorney-general-merrick-b-garland-statement-supreme-courts-decision-united-states-v-rahimi>

An interesting, and very blunt article pointing out some of the gaps still remaining/ now caused by the Rahimi decision: The Supreme Court refuses to accept blame for its worst guns decision, in US v. Rahimi - Vox<https://www.vox.com/scotus/356267/supreme-court-us-rahimi-domestic-abuse-guns-second-amendmen>


Sarah Sabri (she/her/hers)
Domestic Violence Resource Prosecutor
Sr. Assistant Attorney General | Criminal Justice Division
Oregon Department of Justice
2250 McGilchrist St. SE Ste. 100
Salem, OR 97302

Main: 503.378.6347 | Cell: 503.932.7482 | Fax: 503.373.1936
***PLEASE NOTE: This is a new email address as of 6/1/24. ***
***Please update your address book to Sarah.m.sabri at doj.oregon.gov<mailto:Sarah.m.sabri at doj.oregon.gov>

***** CONFIDENTIALITY NOTICE ***** This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system. ************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20240621/b9a87f29/attachment.html>