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Constitutional Law,
U.S. Supreme Court

Jun. 28, 2024

Restraining order meets threat criteria, complies with the Second Amendment

The Supreme Court found that Section 922 (g)(8) is analogous to the surety laws in England and Massachusetts, which allowed magistrates to disarm individuals who posed a threat of future violence.

Philip M. Howe

Howe is a member of the California and Massachusetts State Bars, having last practiced in California in 2019.

Shutterstock

In an 8-1 decision, the U.S. Supreme Court on June 21 upheld as constitutional a federal statute restricting someone from possessing guns if they are subject to a domestic violence restraining order finding that the person “represents a credible threat to the physical safety of [an] intimate partner.” Justice Roberts wrote the decision for the majority. [Page 1.]

U.S. v. Rahimi, 602 U.S. ____ (June 21, 20...

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