Key takeaways:
- The 5th Circuit Court of Appeals ruled that a federal law prohibiting people subject to domestic violence restraining orders from possessing firearms is unconstitutional.
- The court concluded that the law’s ban on possession of firearms was an unconstitutional infringement on the Second Amendment right to bear arms.
- The ruling is a major victory for gun rights advocates, and is likely to be appealed to the Supreme Court.
In a landmark decision, the 5th U.S. Circuit Court of Appeals ruled Thursday that a federal law prohibiting people subject to domestic violence restraining orders from possessing firearms is unconstitutional. This ruling is the latest in a string of lower court cases invalidating gun control laws following the Supreme Court’s 6-3 decision in New York State Rifle & Pistol Association, Inc. v. Bruen in 2022.
The 5th Circuit Court of Appeals said that the federal law targeting those believed to pose a domestic violence threat could not stand under the Bruen test, which requires that gun laws have a historical analogy to the firearm regulations in place at the time of the Constitution’s framing. The court concluded that the law’s ban on possession of firearms was an unconstitutional infringement on the Second Amendment right to bear arms.
The ruling is a major victory for gun rights advocates, who have been pushing for more lenient gun control laws in the wake of the Supreme Court’s decision. The 5th Circuit Court of Appeals’ decision is the latest in a series of rulings that have invalidated gun control laws across the country.
The ruling is likely to be appealed to the Supreme Court, which could ultimately decide the fate of the law. In the meantime, the 5th Circuit Court of Appeals’ decision stands as a major victory for gun rights advocates.
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