5th US Circuit Court of Appeals (New Orleans): Shameful Rule Guns Okay for Domestic Abusers

Sad statistic the Court apparently missed

A very sad gun-related Court ruling getting a lot of blowback and rightly so reported on here from Bloomberg News and here from Reuters News with this general headline:

“Gun Ruling Giving Domestic Abusers Rights Prompts Garland Rebuke”

The case is USA v. Rahimi, 21-11001, US Court of Appeals for the Fifth Circuit (New Orleans).

(Bloomberg) – The decades-old U.S law barring domestic abusers from possessing firearms (1968 and 1996) contradicts the nation’s “historical tradition of access to guns even for people who may not be model citizens,” an appeals court said in a ruling that prompted a DOJ rebuke.

The statute is unconstitutional because it gives too much power to Congress to determine who qualifies as “law-abiding, responsible citizens when it comes to gun ownership,” ruled the 5th US Circuit Court of Appeals said Thursday (February 2).

A unanimous three-judge panel wondered who’s next, as they asked: “Could speeders be stripped of their right to keep and bear arms? Political nonconformists? People who do not recycle or drive an electric vehicle?”

The ruling vacated the conviction of a TX man, Zackey Rahimi, who pleaded guilty to violating the law by keeping a pistol at home despite being subject to a civil domestic-violence restraining order for assaulting his former girlfriend.

This ruling is the latest fallout from a Supreme Court’s ruling in June that paved the way for courts to reconsider a wide variety of gun restrictions.

This appellate panel, comprised of two judges appointed by former President Donald Trump and one by Ronald Reagan said in part: “Rahimi, while hardly a model citizen, is nonetheless part of the political community entitled to the Second Amendment’s guarantees, all other things equal.”

FYI: Rahimi’s home was searched after he was involved in five shootings in a two-month span that included:

(1) Firing at a law enforcement vehicle in December 2020, (2) firing at a driver after getting in a car accident, and (3) shooting multiple rounds in the air in January 2021 “after his friend’s credit card was declined at a Whataburger restaurant.”

AG General Merrick Garland said in a statement that Congress passed the law 30 years ago after determining: “A person who is subject to a court order that restrains him or her from threatening an intimate partner or child cannot lawfully possess a firearm. Whether analyzed through the lens of Supreme Court precedent, or of the text, history, and tradition of the Second Amendment, that statute is constitutional. Accordingly, the department will seek further review of the Fifth Circuit’s contrary decision.”

Rahimi’s lawyer, James Matthew Wright, didn’t immediately respond to a message seeking comment.

California AG Rob Bonta said: “This decision is dangerous as firearms are used to commit more than half of all intimate partner homicides in the U.S. and restraining orders still bar possession of guns and urged residents to utilize these life-saving tools.”

Shannon Watts, founder of “Moms Demand Action,” said in a statement that the 5th Circuit decision should be overturned, adding: “This extreme and dangerous ruling is a death sentence for women and families as domestic violence is far too often a precursor to gun violence. When someone is able to secure a restraining order, we must do everything possible to keep them and their families safe — not empower the abuser with easy access to firearms.”

“Everytown for Gun Safety,” which advocates gun-safety measures, is backed by Michael Bloomberg, founder and majority owner of Bloomberg LP. 

Related topic: Supreme Court Opens Path to More Guns in Public in Big Cities

My 2 Cents: I say as many others are now saying too after this ruling that this is a horrible decision on so many levels that it’s hard outline them all here but suffice it to say it is simply a terrible decision. One that court will long regret.

Hopefully AG Garland’s appeal to the USSC will reverse this ruling for the sake of the entire country is at stake over this insane ruling at least in my view. But, as usual, we shall see – stay tuned.

Thanks for stopping by.