MINNEAPOLIS — Hundreds of gun control advocates rallied outside the Supreme Court on Tuesday morning, while justices inside considered a case challenging a long-standing federal law meant to keep guns out of the hands of domestic abusers.
"The federal law, which is now almost 30 years old, says if you have a restraining order against you because you did commit domestic violence, you are deemed a dangerous person and dangerous people should not be carrying around guns in society," said Tim Johnson, a University of Minnesota professor and Supreme Court scholar. "The defendant in this case actually had five different occasions where he shot a gun in public, and was deemed a dangerous person in Texas."
Though that might seem to be a textbook case for why the federal law exists, attorneys for that defendant, Zackey Rahimi, are arguing that a landmark 6-3 gun rights decision made by the courts six conservative justices in 2022, invalidates that law.
"Because of that decision, now, the only way we look at gun regulations, whether it's to ban a gun altogether, or to regulate the use of that gun, has to be based on historical context where you would point to something in the history of the United States, preferably as near the founding as possible, where such a regulation existed," Johnson said, referencing the precedent set by the Bruen Opinion in 2022. "Mr. Rahimi and his attorneys are arguing that there was no regulation on domestic violent offenders possessing guns back in 1805 or 1791 and therefore that regulation cannot exist in 2023 either."
If the majority of justices agree, Johnson says this case would just be the beginning.
"If you cannot regulate someone in this case, who has a protective order against him for having allegedly committed domestic violence, then there is almost nobody who could be barred from possessing a gun in the United States," Johnson said.
But, looking back at that Bruen decision, Johnson doesn't believe that kind of broad rollback will happen. He points to the concurring opinion, written by Justice Kavanaugh and joined by Chief Justice Roberts, in which he states that gun rights have limitations.
"Properly interpreted, the Second Amendment allows a 'variety' of gun regulations," Kavanaugh wrote.
"I think that this might very well be one of those cases where one of those limits (on the Second Amendment) is if you are dangerous," Johnson said. "For instance, Chief Justice Roberts asked at oral arguments this morning, questions that forced Mr. Rahimi's attorney to actually concede the fact that Mr. Rahimi was – in fact – dangerous."
Johnson says additional comments from arguments this morning, and a previous dissenting opinion written by Justice Amy Coney Barrett, suggests she will draw a similar line.
"It is in writing during her time on the seventh circuit that she thinks the standard, probably, is dangerousness," Johnson said. "And now you've got at least three justices who could jump with the liberal coalition. All you need is two of them to form a five justice majority."
And no matter what side the majority ends up taking, he says where they set the line – and what they say about it – will matter even more.
"Judges (in lower courts) aren't exactly sure how to apply this standard right now," he said. "What they're really looking for... really needing... is for the Supreme Court to clarify."
If you or someone you know is experiencing partner abuse there are resources to help.
- Minnesota DayOne Hotline: 866-223-1111
- Violence Free Minnesota: https://www.vfmn.org/get-help
- Chelsea’s GoFundMe: https://www.gofundme.com/f/chelsea-zam-zzarro-recovery-fund
Watch more local news:
Watch the latest local news from the Twin Cities and across Minnesota in our YouTube playlist:
WATCH MORE ON KARE 11+
Download the free KARE 11+ app for Roku, Fire TV, Apple TV and other smart TV platforms to watch more from KARE 11 anytime! The KARE 11+ app includes live streams of all of KARE 11's newscasts. You'll also find on-demand replays of newscasts; the latest from KARE 11 Investigates, Breaking the News and the Land of 10,000 Stories; exclusive programs like Verify and HeartThreads; and Minnesota sports talk from our partners at Locked On Minnesota.
- Add KARE 11+ on Roku here or by searching for KARE 11 in the Roku Channel Store.
- Add KARE 11+ on Fire TV here or by searching for KARE 11 in the Amazon App Store.
- Learn more about the KARE 11+ app for Apple TV in the Apple App Store.
- Learn more about KARE 11+ here.