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Saturday, February 4, 2023

Appeals Court: Gun Ban On Domestic Abusers Violates Second Amendment

The Fifth Circuit Court of Appeals ruled in favor of Second Amendment rights and tossed the conviction of a Texas man who possessed guns while under a restraining order. 

From UPI:

Feb. 3 (UPI) -- A Texas court has ruled that a federal law that bans people with restraining orders due to domestic violence from owning firearms violates the Second Amendment.

The 5th Circuit Court of Appeals on Thursday threw out the Justice Department's bid to uphold the conviction of Zackey Rahimi, a Texas man who was convicted of possessing guns while under a restraining order for assaulting a former girlfriend.

The court ruled that the law failed the so-called Bruen test, which emerged from the New York State Rifle & Pistol Association, Inc. vs. Bruen decision in the Supreme Court in June which struck down the state's concealed-carry law, ruling that gun control laws must have a precedent in the gun laws in force when the Constitution was drawn up.

"Through that lens, we conclude that [the law's] ban on possession of firearms is an 'outlier' that our ancestors would never have accepted," Judge Cory Wilson wrote in Thursday's opinion.

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