Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)
In the decision it is stated:
"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment."
Upon reading, with inclusion of "may be TEMPORARILY disarmed," it seems that the lifetime ban provided by 922(8)(g) would fall out of line, at least in some states that offer no operation of law, as well as federally, since the Lautenberg Amendment offers no details on a timeline.
Some states offer a few years, then the defendant may automatically regain the right, although some auto-restoration doesn't provide it for individuals convicted before a certain date(Virginia, for instance). What of lifetime bans for DV misdemeanants after?
I hope the question makes sense.
A:
This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date and personalized legal advice.
1. Rahimi v. United States Decision:
The Supreme Court's decision in Rahimi v. United States (2023) struck down a federal law that prohibited individuals subject to domestic violence restraining orders from possessing firearms. The Court found that this blanket prohibition violated the Second Amendment because it wasn't sufficiently rooted in historical tradition of firearms regulation.
2. Temporary vs. Lifetime Bans:
You're correct in noting that the Court's language emphasizes temporary disarmament. The quote you provided suggests that temporary firearms restrictions for individuals posing a credible threat may be constitutional, but it doesn't directly address lifetime bans.
3. 18 U.S.C. § 922(g)(9) (Lautenberg Amendment):
This federal law imposes a lifetime ban on firearm possession for individuals convicted of misdemeanor domestic violence. The Rahimi decision doesn't directly overturn this law, but it does raise questions about its constitutionality under the new historical test established in New York State Rifle & Pistol Association v. Bruen (2022).
4. State Laws:
As you mentioned, some states have laws that allow for the restoration of firearm rights after a certain period or under certain conditions. These laws vary widely and may be more likely to withstand constitutional scrutiny than blanket lifetime bans.
5. Future of Lifetime Bans:
The emphasis on "temporary" disarmament in Rahimi does suggest that lifetime bans for misdemeanor domestic violence convictions could be vulnerable to constitutional challenges. However, this hasn't been directly decided by the Supreme Court yet.
6. Ongoing Legal Uncertainty:
The Rahimi decision has created significant uncertainty in this area of law. Lower courts are still grappling with how to apply the historical test from Bruen to various firearm regulations, including domestic violence-related restrictions.
In conclusion, while the Rahimi decision doesn't explicitly rule lifetime bans unconstitutional, it does raise serious questions about their validity under the current Second Amendment framework. It's likely that we'll see more legal challenges to these bans in the near future, potentially leading to further clarification from the courts.
If you're dealing with a specific case or situation, it's crucial to consult with a criminal defense attorney or a lawyer specializing in Second Amendment issues. They can provide more tailored advice based on the latest developments in your jurisdiction.
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