Newsom urges Supreme Court to maintain ban on domestic abusers owning guns.
Gov. Gavin Newsom Urges Supreme Court to Uphold Federal Law on Domestic Violence and Firearms
Gov. Gavin Newsom (D-CA) is taking a stand to protect victims of domestic violence by urging the Supreme Court to uphold a federal law that prevents individuals under domestic violence restraining orders from owning firearms. In a recent amicus brief filed in the case of United States v. Rahimi, Newsom expressed his support for the law after the Biden administration appealed a previous decision that deemed the law unconstitutional under the Second Amendment.
Protecting Victims and Upholding the Constitution
Newsom firmly believes that domestic abusers should not have access to guns and that gun safety laws are not only constitutional but also align with long-standing historical tradition. He emphasizes that the Second Amendment should not be interpreted as a suicide pact and calls on the Supreme Court to reverse the lower court’s decision.
Challenging Erroneous Reasoning
In his amicus brief, Newsom argues that the 5th Circuit used flawed reasoning when interpreting and applying the landmark decision of New York State Rifle & Pistol Ass’n v. Bruen. He points out that the court failed to follow the instruction provided by Bruen, which states that historical statutes only require a “historical analogue” rather than an exact replica. Newsom highlights the confusion and disregard for this nuanced approach exhibited by multiple courts.
The Impact of the Bruen Case
The Bruen case had significant implications for gun laws across the nation, resulting in the overturning of numerous gun regulations. Justice Clarence Thomas authored the 6-3 decision, which struck down New York’s restrictive concealed carry permit regime. This ruling had far-reaching consequences and set the stage for further debates on gun regulations.
The Case of Zackey Rahimi
The 5th Circuit ruling revolves around Zackey Rahimi, a criminal defendant charged with violating a federal statute that criminalizes the possession of a firearm under a domestic violence restraining order. Rahimi’s attorneys are seeking to challenge this statute at the Supreme Court, which could have widespread implications for similar cases nationwide.
A Plea to Preserve the Federal Statute
Newsom’s amicus brief joins a chorus of voices from pro-gun control groups urging the Supreme Court to uphold the federal statute and reject the lower court’s decision. The Global Action on Gun Violence also filed a brief, calling for the preservation of the statute and the reversal of previous gun-related decisions.
Debate and Differing Perspectives
On the other side of the spectrum, pro-gun groups like Gun Owners of America support the 5th Circuit decision, arguing that the statute unfairly disarms individuals who have not been convicted of a crime. They believe that if someone poses a danger to society, they should be incarcerated rather than stripped of their Second Amendment rights.
The Supreme Court is set to hear arguments in this case in the coming months, with a decision expected in June of next year.
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