NRA Releases Statement on Rahimi Decision

by
posted on June 22, 2024
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
NRA Logo On Blue

Today, in United States v. Rahimi, the U.S. Supreme Court upheld the federal prohibition on firearms possession by individuals subject to domestic violence restraining orders.

The federal prohibition, codified at 18 U.S.C. § 922(g)(8), is triggered when: (A) a court issues an order after notice and a hearing; (B) the order restrains the individual from “harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child”; and (C)(i) the order “includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child” or (C)(ii) “explicitly prohibits the use, attempted use, or threatened use of physical force against” those individuals.

Rahimi brought a facial challenge, arguing that Section 922(g)(8) violates the Second Amendment in all its applications. The Court ruled against Rahimi, finding that Section 922(g)(8)(C)(i) is constitutional as applied to the facts of Rahimi’s own case, because the nation’s historical tradition demonstrates that “[w]hen an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed.” The Court declined to decide whether disarmament under Section 922(g)(8)(C)(ii)—which does not necessarily require a judicial finding of dangerousness—is also constitutional. Nor did the Court address what due process is required before disarmament.

“The Supreme Court's narrow opinion offers no endorsement of red flag laws or of the dozens of other unconstitutional laws that the NRA is challenging across the country that burden the right of peaceable Americans to keep and bear arms,” said NRA-ILA Executive Director Randy Kozuch. “This decision holds only that an individual who poses a clear threat of violence may be temporarily disarmed after a judicial finding of dangerousness.”

Latest

William A. Bachenberg
William A. Bachenberg

President’s Column | What a Year It Has Been!

Wow! How fast a year has gone by since being elected president at the end of April last year! My first column was titled “It’s A New Day At The NRA,” and included the following:

Standing Guard | We Are the Good Citizens

I am a big believer in transparency. Each individual needs privacy from unconstitutional government intrusion—this especially includes what guns a law-abiding American citizen might own—but an association of freedom-loving citizens must be transparent.

U.S. v. Hemani Arguments

On March 2, the U.S. Supreme Court heard oral arguments in U.S. v. Hemani. The case involves a defendant who is fighting a federal indictment for possessing a firearm while being a marijuana user.

President’s Column | Getting You Up to Speed

A lot of things have occurred over the past month or so that not all members are completely aware of. I’ll use my column this month to update you on some important issues—transparency.

Standing Guard | The NRA Gathers to Celebrate Our Freedom

The momentum we’re seeing across the country is both encouraging and energizing. January opened with tremendous activity at the NRA booth during SHOT Show, where members, industry partners and supporters stopped by to connect, share ideas and reaffirm their commitment to freedom and the Second Amendment.

Port Authority Doubles Down on Constitution-Free Zone with High-Profile Arrest

As anyone who has passed a basic civics class knows, the U.S. Constitution is the supreme law of the land. All legislation and official government actions are subject to its limits.



Get the best of America's 1st Freedom delivered to your inbox.