privacy
Overview:
There is a long and evolving history regarding the right to privacy in the United States. In the context of American jurisprudence, the Supreme Court first recognized the “right to privacy” in Griswold v. Connecticut (1965).
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Bill of Rights
Second Amendment
The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
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United States v. Rahimi
Issues
Does 18 U.S.C. § 922(g)(8), which prohibits people under domestic-violence restraining orders from possessing firearms, violate the Second Amendment?
This case asks the Supreme Court to decide whether 18 U.S.C. 922(g)(8), which bans firearm possession for someone under a civil protective order due to domestic violence, violates the Second Amendment on its face. Petitioner United States argues that the ban does not violate the Second Amendment because the history and tradition of firearm regulations in the United States allow Congress to disarm individuals who are not law-abiding, responsible citizens, such as those subject to civil protective orders. In opposition, Respondent Zackey Rahimi contends that § 922(g)(8) violates the Second Amendment on its face because the Second Amendment protects the firearm rights of all United States citizens and § 922(g)(8) bears no resemblance to any firearm regulations in American history. The outcome of this case will affect the constitutionality of laws that address domestic violence, as well as how future gun regulations will be analyzed.
Questions as Framed for the Court by the Parties
Whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face.
Between December 2020 and January 2021, Respondent Zackey Rahimi was involved in five shootings. United States v. Rahimi at 2. On December 1, Rahimi sold drugs to a buyer and, when the buyer talked badly about him, fired multiple shots into the buyer’s residence with an AR-15 rifle.
Additional Resources
- Betsy Woodruff Swan, Supreme Court will decide whether domestic abusers can have guns, Politico (June 30, 2023).
- John Kruzel, US Supreme Court to Weigh Legality of Domestic-Violence Gun Curbs, Reuters (June 30, 2023).
- Marco Poggio, Justices Eye Intersection of Domestic Violence, Gun Rights, Law360 (July 7, 2023).
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