The U.S Supreme Court Says “No.”
The federal statute criminalizing the possession of a gun by anyone subject to a domestic restraining order was upheld by the U.S. Supreme Court in June 2024. That decision in the case of United States v. Zacky Rahimi reversed the ruling of the Circuit Court which declared the statute was a violation of the Second Amendment rights of a man charged with the offense.
The law at issue is the Gun Control Act (GCA) 18 U.S.C. § 922(g)(8). This federal statute provides that if someone has a domestic violence restraining order against them, knowingly possessing a firearm is a federal felony. The restraining order must come after a court hearing where the person had a chance to be heard, and it must say that the person poses a credible threat to the safety of their partner or child. If someone is caught with a gun in violation of this law, they could face up to ten years in prison.
At Stechschulte Nell, Attorneys at Law in Tampa, we have extensive experience defending gun possession charges in both federal and state court. If you are facing gun charges anywhere in Florida, contact us for a full review of your case. Our knowledge of the law and trial court experience can be invaluable in dealing with the evolving legal issues surrounding gun possession laws and constitutional rights.
Lower Court Ruled the Law Was Unconstitutional
In the Rahimi case, the Fifth Circuit Court of Appeals ruled in 2023 that the law was too broad and infringed on his Second Amendment rights. Rahimi argued that the law’s blanket ban on gun possession for those with a domestic violence restraining order didn’t fit with the historical context of the Second Amendment. The Fifth Circuit agreed, saying that the right to bear arms shouldn’t be taken away so easily based on a restraining order, even one for domestic violence.
But the U.S. Supreme Court didn’t agree. With an 8 to 1 vote, the Court reversed the lower court’s decision, saying that 18 U.S.C. § 922(g)(8) is a reasonable and necessary restriction on the Second Amendment. The Supreme Court said that the government’s interest in preventing domestic violence and protecting victims is more important than an individual’s right to have a gun in these situations.
The Supreme Court made several important points in its decision:
- First, they said that preventing domestic violence and protecting people from harm is a legitimate and important government interest. They pointed out that domestic violence can escalate and become deadly when guns are involved.
- Second, they noted that the Second Amendment, like other constitutional rights, is not absolute and can have reasonable restrictions, especially when public safety is at stake. The Court compared this to other restrictions on gun ownership, like those for felons or people who are mentally ill.
Supreme Court Cited the History of the Second Amendment
The Supreme Court also looked at the history of the Second Amendment. The Justices said that historically, the right to bear arms has always had some limits, especially for public safety. They gave examples of past restrictions on gun ownership for dangerous groups, suggesting that today’s restrictions on people with domestic violence restraining orders are similar.
In the only dissenting opinion, Associate Justice Clarence Thomas argued that the law is too broad and might go too far. Thomas said that 18 U.S.C. § 922(g)(8) might unfairly take away people’s Second Amendment rights without enough due process. He expressed concern that people could face harsh penalties based on minor incidents which result in the issuance of a restraining order. Such a minor incident could strip them of their constitutional rights without a good enough reason.
Note: While the U.S. Supreme Court’s Rahimi decision was a federal case and focused on federal law, the State of Florida also has a state law criminalizing gun possession by anyone against whom a domestic restraining order is issued. The Florida law (F.S. § 790.233) is a First-Degree Misdemeanor carrying up to one year in jail and a $1,000 fine.
Domestic Violence Restraining Orders in Florida
In Florida, domestic violence restraining orders are serious legal tools designed to protect individuals from abuse. These orders can be issued against individuals who are accused or have committed acts of domestic violence or pose an imminent threat of such violence. According to Florida Statutes Section 741.30, domestic violence includes various forms of abuse such as assault, battery, stalking, kidnapping, or any criminal offense resulting in physical injury or death of one family or household member by another.
To obtain a domestic violence restraining order in Florida, a petitioner must show that they are a victim of domestic violence, or they reasonably fear they will become a victim in the immediate future. The statute defines “family or household member” broadly, including spouses, ex-spouses, individuals related by blood or marriage, individuals who are presently residing together as if a family, or have resided together in the past as if a family, and individuals who share a child. The court will consider the evidence presented and determine whether the restraining order is warranted based on the circumstances.
A domestic violence restraining order has a powerful impact on the daily life and legal rights of the person against whom it is issued. In addition to the prohibition of gun possession under federal law (18 U.S.C. § 922(g)(8)), the order usually includes restrictions prohibiting contact with the complainant/victim, requiring the alleged abuser to leave a shared residence. As noted above, violation of a Florida domestic restraining order can and often does result in criminal charges.
Get Experienced Criminal Defense in a Gun Possession Case
For anyone facing gun possession charges under 18 U.S.C. § 922(g)(8), it’s important to get good, experienced legal help. Ben Stechschulte, the founding lawyer at Stechschulte Nell is a Board Certified Criminal Defense Lawyer, one of a small percentage of attorneys in Florida to obtain that credential.
Contact us today for a case review at 813-280-1244.
