DOJ appeals to Supreme Court after court invalidates domestic violence restraining order gun ban

The Justice Department is asking the U.S. Supreme Court to allow the federal government’s ban on gun ownership to continue for those under domestic violence restraining orders.

The Justice Department is seeking to intervene after a federal appeals court ruled last month that people under domestic violence restraining orders have a constitutional right to own a gun.

“More than one million cases of domestic violence occur in the United States each year, and the presence of firearms increases the likelihood that violence will culminate in homicide,” the Justice Department petition states.

Court of Appeals Rules Government Can’t Stop People for Domestic Violence Order Restricting Gun Ownership

The Supreme Court’s petition was posted to Twitter on Friday by Pepperdine University law professor Jake Charles.

US Supreme Court main entrance (AP Photo/Patrick Semansky, File)

National debate began after Texas police found rifle and pistol At the home of a man subject to a civil protection order prohibiting harassment, stalking and threatening ex-girlfriends and their children. The order also prohibited him from carrying a gun.

A federal grand jury indicted a man who pleaded guilty. He later contested the indictment, arguing that the laws that prohibited him from owning a gun were unconstitutional.

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A Sig Sauer P320 handgun at the WEX Gunworks store in Delray Beach, Florida, January 31, 2023.

A Sig Sauer P320 handgun at the WEX Gunworks store in Delray Beach, Florida, January 31, 2023. (Joe Radle/Getty Images)

Initially, a federal appeals court ruled against him, arguing that keeping guns out of the hands of people accused of domestic violence is more important to society than protecting the rights of individuals who own guns. I put it down.

But last year, the U.S. Supreme Court issued a new ruling in the New York Rifle & Pistol Association v. Bruen, interpreting the Second Amendment by showing that the government must justify gun control laws. set a new standard for “Consistent with the nation’s historical tradition of firearms control.”

An appeals court overturned the original decision and decided to vacate the man’s conviction, stating that federal laws prohibiting orders restricting people subject to domestic violence from owning guns are unconstitutional. I decided that there was.


U.S. Department of Justice

U.S. Department of Justice (Chip Somodevilla/Getty Images)

The decision was made by a panel of three judges, Cory Wilson, James Ho and Edith Jones. Wilson and Ho were nominated by former Republican President Trump. Jones was nominated by former Republican President Ronald Reagan.

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