U.S. Catholic Bishops Urge Supreme Court to Uphold Firearm Restrictions for Domestic Violence Cases

In a recent amicus brief submitted to a pending U.S. Supreme Court case, the U.S. Conference of Catholic Bishops has expressed strong support for the enforcement of federal laws that restrict individuals under domestic restraining orders from carrying firearms. The case, U.S. v. Rahimi, will be heard during the upcoming Supreme Court session in response to a previous decision by the Fifth Circuit Court of Appeals.

Photo credit: David Leveque

Highlights

By Catholic Online (NEWS CONSORTIUM)
8/24/2023 (1 year ago)

Published in Politics & Policy

Keywords: USCCB, United States Conference of Catholic Bishops, U.S. Supreme Court, gun, Domestic violence, Domestic Abuse

The bishops' amicus brief, filed on August 22, emphasizes the importance of balanced firearm regulations and the need to protect vulnerable family members from potential harm. The document asserts that the right to bear arms, as acknowledged by the Second Amendment, should not overshadow the responsibility of the government to safeguard those who are at risk due to domestic abuse situations.

The case at hand involves Zackey Rahimi, a Texan with a history of violence and involvement in drug-related activities. The Fifth Circuit Court of Appeals previously ruled in favor of Rahimi, overturning his conviction for illegal gun possession while being subject to a domestic violence restraining order. The lower court argued that the federal law Rahimi violated in 1994 was not aligned with the principles of the Second Amendment and the historical legal traditions of the United States. This decision was based on a new standard established in the Supreme Court's 2022 ruling, New York State Rifle & Pistol Association v. Bruen, which affirmed an individual's right to carry a handgun for self-defense outside the home.

The U.S. Catholic Bishops' amicus brief argues that they have a vested interest in the U.S. v. Rahimi case due to their commitment to protecting the well-being and dignity of vulnerable individuals living under the threat of violence. Contrary to the Fifth Circuit's ruling, the brief contends that the federal law under consideration does not contradict the Supreme Court's precedent set in the Bruen decision.

The bishops' brief underscores that Congress has the authority to disarm individuals deemed uniquely dangerous and poses a risk to those around them and the greater good. It highlights the necessity of firearm restrictions that align with the nation's historical tradition of such regulations. The brief also calls for the clarification that the comparison should encompass the entirety of the historical tradition, rather than assessing individual historical laws in isolation.

The document challenges the Fifth Circuit's interpretation of tradition and history, particularly its failure to recognize the historical development of legal protections for domestic violence victims. It disputes the notion that the protection of society's political and social order stands separately from safeguarding vulnerable individuals who have a moral claim on society.

The bishops' brief raises concerns about financial constraints faced by domestic violence victims seeking restraining orders. It highlights the potential inability of victims to afford filing fees or legal representation, especially when their finances are controlled by their abusers.

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As the U.S. Supreme Court prepares to hear U.S. v. Rahimi, the Catholic Bishops' amicus brief serves as a testament to their commitment to upholding a balanced approach to gun regulations, one that prioritizes the safety and well-being of individuals who are at risk due to domestic violence situations. The outcome of this case could significantly influence the legal landscape surrounding firearm ownership for individuals under domestic restraining orders.