Bloomberg Law
Feb. 2, 2023, 8:55 PM UTCUpdated: Feb. 3, 2023, 3:52 PM UTC

Gun Ban Tied to Domestic Violence Ruled Unconstitutional (1)

Jacklyn Wille
Jacklyn Wille
Legal Reporter

A federal criminal statute barring the gun ownership by people subject to domestic violence restraining orders is unconstitutional under new US Supreme Court precedent, the Fifth Circuit ruled Thursday.

The statute, which applies to people deemed to be a credible threat to their intimate partners, isn’t consistent with the country’s “historical tradition of firearm regulation,” the US Court of Appeals for the Fifth Circuit ruled. It’s therefore unconstitutional under the Supreme Court’s 2022 opinion in N.Y. State Rifle & Pistol Ass’n Inc. v. Bruen, which invalidated a licensing requirement for carrying a firearm in public, the appeals court said. ...

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