In a major ruling, the US Supreme Court on Friday (June 21) upheld a federal law that prevents domestic abusers from owning firearms.
This was the first gun-related case the court heard with a 6-3 conservative majority since a significant 2022 decision that eased gun restrictions.
Chief Justice John Roberts, writing in the 8-1 opinion, stated, “When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the second amendment.”
He continued, “Since the founding, the nation’s firearm laws have included regulations to stop individuals who threaten physical harm to others from misusing firearms. As applied to the facts of this case, (the law) fits comfortably within this tradition.”
In 2022, the Supreme Court ruled that only “reasonable” exceptions to the Second Amendment right to bear arms would be allowed, relying mostly on historical precedents regarding firearm possession.
After this ruling, lower courts struggled to determine whether gun restrictions were consistent with “the history and traditions” of US firearms regulation from the late 18th to the 19th century.
Earlier in March, an ultraconservative appeals court found that a federal law prohibiting individuals under domestic violence restraining orders from possessing firearms was unconstitutional due to a lack of historical precedent.
Solicitor General Elizabeth Prelogar argued in November last year for upholding the federal law on behalf of the Biden administration, stating, “A woman who lives in a house with a domestic abuser is five times more likely to be murdered if he has access to a gun.”
She added, “Congress may disarm those who are not law-abiding, responsible citizens.”
Prelogar further explained, “Throughout our nation’s history, legislatures have disarmed those who have committed serious criminal conduct or whose access to guns poses a danger.”
