Appeals court said people under a domestic violence restraining order retain their 2nd Amendment rights
The Department of Justice has filed a petition with the U.S. Supreme Court seeking a review of a lower court decision that struck down a federal law banning people under domestic violence restraining orders from owning firearms.A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled last month that people under domestic violence restraining orders retain their constitutional right to own firearms, finding that the federal law prohibiting them from doing so was unconstitutional under the Supreme Court's landmark New York State Rifle & Pistol Association v. Bruen decision.
Attorney General Merrick Garland had promised to seek further review of the 5th Circuit's decision. In the petition, the Justice Department (DOJ) argues there is a legal tradition in the U.S. and England of disarming people who have posed a danger to the community or threatened to hurt others.
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Justice Department asks Supreme Court to overturn domestic violence gun ruling
Supreme Court is being asked to review whether a law prohibiting the possession of firearms by persons subject to domestic violence restraining orders violates the Second Amendment.
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