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After 90 minutes of robust arguments, the Supreme Court seems poised to uphold federal laws criminalizing firearm possession for those with domestic-violence restraining orders. The petitioner, Zackey Rahimi, sought a declaration of the law as facially invalid under the Second Amendment. However, the court’s skepticism indicated a probable affirmation of the law, albeit with a potential shift in its testing criteria.

The session delved into the implications of Bruen and the historical context of gun restrictions. Justice Elena Kagan questioned the petitioner’s argument, signaling concerns about its consequences. The focus on domestic violence heightened the scrutiny, with Solicitor General Elizabeth Prelogar emphasizing the dangers in Rahimi’s case.

Justice Ketanji Brown Jackson challenged the “”history and tradition”” test, questioning the exclusion of historical gun restrictions for slaves and Native Americans. The debate, while lively, didn’t translate into explicit support for Rahimi’s claim. Chief Justice John Roberts suggested that dangerous individuals could be disarmed, leading to doubts about the facial invalidation of the law.

Conservative justices Gorsuch and Barrett expressed reservations about the extent of the facial challenge. Gorsuch highlighted the availability of case-by-case challenges and potential issues with due process. The central point of contention remained the testing criteria, with Prelogar defending the “”law-abiding”” and “”responsible”” language borrowed from Bruen.

Despite conservative justices questioning the “”responsible”” portion of the interpretation, Prelogar justified it as addressing potential dangers from individuals not intending harm. Barrett probed whether the language was meant to describe gun owners or establish a more direct “”dangerousness”” test. However, the government did not strongly oppose even a “”not culpable but dangerous”” interpretation.

The case, U.S. v. Rahimi, anticipates a decision by June 2024, potentially shaping the landscape of gun regulations and constitutional interpretations.

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