Federal and Texas laws prohibit people accused of domestic abuse from having firearms when they鈥檙e under a protective order. But a Supreme Court case that started in North Texas could change that.
The Supreme Court is scheduled to hear oral arguments in on Tuesday. The case, which originated in Arlington, focuses on a section of the Violence Against Women Act that makes it a federal felony to own or possess firearms while someone is subject to a domestic violence protective order. Texas has a similar state law that bars anyone who isn鈥檛 a licensed peace officer from possessing firearms while under a domestic violence protective order.
The Fifth Circuit Court of Appeals ruled last March that the domestic violence statute violated the Second Amendment rights of the defendant, Zackey Rahimi. The court based its decision on the Supreme Court鈥檚 ruling in another gun rights case,
Since then, that law hasn鈥檛 been enforceable in Texas, Louisiana or Mississippi 鈥� the states the Fifth Circuit covers. And Texas鈥� state law could also be overturned, using similar arguments.
Zackey Rahimi
Rahimi, an alleged drug dealer, was accused of assaulting his girlfriend in December 2019. He threatened to shoot her if she reported the attack, according to a petition by
A civil court granted Rahimi鈥檚 girlfriend a domestic violence protective order against him in February 2020. The order, which lasts for two years, bars him from attacking or contacting his girlfriend while it鈥檚 in effect. He also was told that having firearms while the protective order is in effect may be a federal felony. He signed a document acknowledging he received a copy of the protective order in open court at the end of the hearing.
But Texas has no statewide firearm transfer program to collect and store firearms while protective orders are in effect. That means it鈥檚 not uncommon for abusers to have guns when they鈥檙e under a protective order.
Mikisha Hooper from the Texas Council on Family Violence told 四虎影院 in February that can have dangerous consequences.
鈥淒omestic abusers with access to firearms are also a threat to their families, their children, to anyone helping a survivor, and to the general public and law enforcement,鈥� Hooper said.
The few existing firearm transfer programs are tied to district courts. But judges in Texas are elected. There have been instances where a judge has lost re-election, and the program dwindles under the new judge.
That鈥檚 what happened in the district court where Roberto Ca帽as was a judge. Ca帽as was on the bench from 2007 to 2018 in Dallas County.
Ca帽as鈥� program started in 2014 and had plans to expand it, but he lost his reelection bid in 2018. He said the county does still follow the program鈥檚 procedures, but things have slowed down.
鈥淭he program was very dependent on my keeping it up,鈥� Ca帽as said. 鈥淎nd so when I left, obviously, it diminished.鈥�
Police say Rahimi was involved in five shootings in the Arlington area in December 2020 and in January 2021 while his girlfriend鈥檚 protective order was in effect. That includes an incident where he allegedly shot into the air after his friend鈥檚 credit card was declined at a Whataburger.
Arlington Police got a warrant to search Rahimi鈥檚 home. They found firearms 鈥� and a copy of the protective order. He was arrested October 2021.
Historic Framework
Rahimi later was indicted by a federal grand jury in Tarrant County. He faced multiple charges, including three counts of assault with a deadly weapon and having a firearm while subject to a protective order.
Rahimi鈥檚 lawyers tried to argue during the trial that the domestic violence gun law wasn鈥檛 constitutional 鈥� but the district court dismissed that motion. After that, Rahimi pleaded guilty. His attorneys renewed the constitutional challenge during his appeal.
The Fifth Circuit Court of Appeals affirmed the lower court鈥檚 ruling at first. But it withdrew that decision after the Supreme Court released its ruling in the Bruen case in June 2022. Then the appeals court released its new decision where it sided with Rahimi.
Judge Cory T. Wilson wrote the Fifth Circuit鈥檚 opinion in the Rahimi case. President Donald Trump appointed him in 2020. Wilson argued that under the Supreme Court鈥檚 ruling in Bruen, governments have to justify modern gun regulations with a historic firearm law from when the country was founded.
Eric Ruben, an assistant professor at Southern Methodist University鈥檚 Dedman School of Law, said courts are having to look back centuries to find legal precedent.
鈥淭he modern-day court 鈥� addressing a modern-day law, addressing modern-day problems 鈥� has to find a historical analog from the late 1700s or maybe into the 1800s before it can uphold the modern law,鈥� Ruben said.
Ruben testified at a Senate committee hearing after Bruen about gun safety. He said courts are bringing in historians to help interpret gun laws.
Wilson said that there wasn鈥檛 a law from the time period when the U.S. Constitution was written that was similar enough to justify the modern law. But The Department of Justice disagreed. It filed a petition with the Supreme Court and asked it to review the case and overturn the Fifth Circuit鈥檚 ruling. The DOJ argued that the Fifth Circuit鈥檚 interpretation of Bruen was incorrect.
鈥淕overnments have long disarmed individuals who pose a threat to the safety of others,鈥� the petition said.
The DOJ pointed to other appeals courts in the country that upheld the domestic violence law before the Bruen ruling using historic statutes that disarmed dangerous people. It also said that if every court followed the Fifth Circuit鈥檚 reasoning, few modern gun regulations would stand.
Several advocacy groups that work with survivors of domestic violence filed letters of support in favor of the Department of Justice鈥檚 petition. The Texas Council on Family Violence said the presence of a firearm in a domestic violence situations increases the risk of homicide by 500%. The number of women in Texas killed by a male partner with a gun has almost doubled the past decade, according to a recent report from the Texas Council on Family Violence.
Kathryn Jacob, the president and CEO of SafeHaven, the family violence center for Tarrant County, told 四虎影院 in February she expects the impact of the Rahimi case will be deadly.
鈥淎t least we had the legal system behind us. Now they don't even have that,鈥� Jacob said.
Got a tip? Email Caroline Love at clove@kera.org.
Caroline Love is a corps member for 四虎影院.
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