Supreme Court to Rule on Firearms after Domestic Violence Restraining Order
In United States v. Rahimi, the Supreme Court will decide if people who are subject to a restraining order because of alleged domestic violence can own a firearm. As the law currently stands, 18 U.S.C. § 922(g)(8) prohibits anyone with a domestic violence restraining order against them from possessing firearms, even if the person was never convicted of a crime. It is a felony to possess a firearm in these circumstances.
The petitioner, Rahimi, argued that, historically, people subject to restraining orders were not barred from firearm ownership, so the law is unconstitutional. On November 7, 2023, the Supreme Court Justices heard oral argument on the case. Experts observed that the Supreme Court was skeptical of striking down the law prohibiting firearm ownership. Nonetheless, it is still a possibility that the Court will find that those subject to a domestic violence restraining order should be allowed to possess a gun. The opinion will likely be released in the end of summer or fall of 2024.
In California, people become subject to a domestic violence restraining order after a partner alleges violence or harassment and files for a restraining order in the superior court. Typically, the family law division handles these cases. First the court will issue a Temporary Restraining Order (TRO), and then set a short cause or long cause hearing date for the “final” restraining order, where each side can present witnesses and testify. The length of restraining orders are usually three to five years. Once a final order is made, the restraining order can be seen on a person’s State of California RAP sheet. This is why many people hire a lawyer to oppose a domestic violence restraining order, or engage in negotiations to avoid a final order. During the TRO the person must temporarily give up their firearms. If the final restraining order issues, the person is prohibited from possessing a firearm during the entirety of the order.
As a knowledgable clean criminal record attorney, Mr. David Reagan keeps abreast of all the firearm eligibility laws. He is available for free consultations on firearm eligibility and cleaning criminal records.
