Backing Away from Bruen? Supreme Court Upholds Law Barring Restraining Order Subjects from Possessing Guns
On June 21, the Supreme Court decided a highly-anticipated Second Amendment case. In United States v. Rahimi, 602 U.S. __ (2024), the Court considered a facial challenge to 18 U.S.C. § 922(g)(8), which makes it a felony for people subject to certain domestic violence protective orders to possess firearms. Rahimi was the Court’s first opportunity to apply the revolutionary history-focused approach to Second Amendment analysis it announced in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). In an 8-1 decision, with Chief Justice Roberts writing for the majority, the Court upheld the challenged statute. Several Justices wrote significant concurrences while Justice Thomas, the author of Bruen, dissented. This post summarizes Rahimi, considers whether the case amounts to a retreat from Bruen, and addresses Rahimi’s applicability to North Carolina DVPOs. The post also considers the implications of Rahimi on pending Second Amendment cases, including those challenging felon disqualification.