In middle schools and high schools all across the country, students are taught that few rights and obligations articulated in the U.S. Constitution are absolute. As a result of both legislation and jurisprudence, most rights are subject to various restrictions and qualifications that test their strength under a variety of circumstances. While some rights-based frameworks are relatively stable, others – including limits on the First and Second Amendments – are often hotly debated by the media, by the general public, and even by the states.

For example, New Jersey recently took action to defend its rights to regulate guns at the state level. Specifically, it articulated support for Delaware's decision to limit assault weapons and sought to influence the outcome of a U.S. Supreme Court aimed at limiting the rights of those who are subject to domestic abuse restraining orders to access firearms. Each of these state-based actions can potentially affect the everyday lives of those who seek to exercise their Second Amendment rights.

Many individuals are understandably focusing particular attention on the Supreme Court case that could soon alter the ability of convicted domestic violence offenders to access firearms. If you have either been accused of domestic violence or you have already been convicted of a related offense, and you have questions about your rights, seek personalized legal guidance by calling our offices at 888-535-3686 or by contacting the Lento Law Firm online today. When it comes to the law, knowledge is power.

A Question of Access

During its current term, the U.S. Supreme Court will determine the fate of United States v. Rahimi. This case is of particular concern to many Second Amendment advocates, as well as many victims' rights advocates, because if the Supreme Court upholds the Fifth Circuit's ruling in the matter, it will strike down specific federal restrictions on firearms. The heart of the case concerns whether the federal government has the right to ban firearms access to individuals who are subject to domestic violence restraining orders (DVROs).

It has long been understood that an individual's Second Amendment right to bear arms is not absolute. Both the federal government and state governments broadly regulate the sale, possession, and use of firearms. A failure to honor Second Amendment restrictions can lead to criminal prosecution. The question before the Court is whether the federal government has the right to bar access in this way. If the Court rules in favor of broader Second Amendment access for those subject to DVROs, the question will then become, can New Jersey lawfully restrict such access, or will its related laws be ruled unconstitutional as well?

Legal Assistance Is Available

If you've either been accused or convicted of domestic violence – whether rightfully or wrongfully – and you have questions about your rights, know that the knowledgeable Criminal Defense Team at the Lento Law Firm can help. By proactively learning about your rights, you can place yourself in a strong position to take full advantage of them. Get started by telling us about your case today by calling 888-535-3686 or by contacting us online. We look forward to assisting you.