In Texas Case, U.S. Supreme Court Says Individuals Accused of Domestic Violence Can Lose their Gun Rights

An accusation of domestic violence can trigger criminal and civil consequences. While someone cannot be convicted of a crime unless they are found guilty beyond a reasonable doubt, the burden of proof for a domestic violence protective order is much lower. Language in a protective order often restricts someone from coming into contact with their accuser. Phone calls and online communications might be prohibited as well. As confirmed by a recent Supreme Court ruling, someone named in a domestic violence protective order can even lose their right to possess a firearm. 

The case United States v. Rahimi relates to a Texas resident, Zackey Rahimi, who was the target of a domestic violence protective order that restricted his access to guns. Rahimi objected to this provision as a violation of his Second Amendment right to bear firearms. Despite recent Supreme Court precedents striking down restrictions of gun rights, the justices voted 8-1 to uphold the federal law mandating restrictions on alleged perpetrators of domestic violence. Citing a tradition of gun regulation dating back to the founding of this country, the decision states that the Second Amendment allows the temporary disarming of someone who has been found by a court to pose a credible threat to another person’s physical safety. 

By upholding the firearm ban for individuals under domestic violence protective orders, the Court highlights the importance of strong defense representation in cases where someone is accused of abusing or threatening their partner, a family member or roommate. Along with the lower burden of proof, a civil protective order is issued by a judge, not a jury of one’s peers. This means that you could lose access to your firearms based on the decision of one person. 

An unjust order can restrict your freedom and compromise your ability to protect yourself. If you have been named in a ex parte protective order, or someone has brought a case against you based on an allegation of domestic violence, Tylden Shaeffer, Attorney at Law, P.C. can advocate for your rights. My firm defends clients in civil proceedings arising from domestic violence claims, as well as cases where individuals are accused of violating a protective order. To discuss your case in a free consultation at my San Antonio office, please call (210) 227-1500 or contact me online.   

By Tylden Shaeffer | Published October 6, 2024 | Posted in Criminal Law, Domestic Violence | Tagged criminal, domestic violence, Gun Rights