If you're charged with domestic violence, there are often stipulations enforced before the trial, like restraining orders. However, many forget about the narrowing of rights under such a measure. Pending a decision by the U.S. Supreme Court, the prohibition on firearm possession for those subject to domestic violence restraining orders is likely to be upheld. If you need to build a strong defense in a domestic violence case, contact the Lento Law Firm online or call 888-535-3686 now.

Domestic Violence Restraining Orders Prohibit Firearm Possession

The high court is set to render an opinion regarding a federal law restricting those subject to domestic violence restraining orders from possessing firearms. The case involves a Texas man, Zackey Rahimi, who hit his girlfriend during an argument and then fired a gun at a witness in December 2019. Sometime later, Rahimi threatened to shoot his girlfriend if she told anyone about the assault, but she was able to obtain a protective order against him in February 2020. The order barred Rahimi from engaging in certain behaviors toward his girlfriend, as well as owning firearms.

Nearly one year later, Rahimi was suspected in additional shootings when authorities searched his apartment and found firearms. He eventually pleaded guilty to violating federal law and remains jailed in Texas, facing further criminal charges.

However, Rahimi appealed his conviction, bringing a facial challenge to the federal law on Second Amendment grounds. While the lower court rejected his challenge, Rahimi appealed to the Fifth Circuit Court of Appeals, which—after the Supreme Court's decision in New York Rifle & Pistol Association v. Bruen—reversed the federal conviction. The Biden Administration has advocated for overturning the Fifth Circuit's determination and allowing the federal law criminalizing firearm ownership by people under domestic violence restraining orders to stand.

The Supreme Court Will Likely Uphold the Firearm Ban

U.S. v. Rahimi is the first Second Amendment case the high court has taken since the expansion of gun owner rights in last year's Bruen opinion. Despite a conservative-leaning bench, the Supreme Court is likely to reverse an appeals court ruling that struck down a 1994 firearm ban for those under court order from spouses or partners.

The Biden Administration also echoes the sentiment of the court. It claims the federal government has a vested interest in protecting those who have sought protective orders from gun violence.

How Can the Lento Law Firm Help Domestic Violence Defendants?

Parties in domestic violence cases are subject to serious implications and restrictions on their rights. But that doesn't mean you have to advocate for yourself alone.

The Lento Law Firm Criminal Defense Team understands how a protective order can limit rights even before a fair trial begins. In terms of the right to bear arms, our attorneys will review the details of any domestic violence restraining order and allegations surrounding it and evaluate the impact it may have on gun rights.

We can challenge the issuance or terms of the protective order, whether it involves presenting evidence, cross-examining witness testimony, or arguing against the necessity of the court action. Call the Lento Law Firm at 888-535-3686 today for a consultation about how our Criminal Defense Team can defend your rights or submit your details online, and we will reach out to you.