Domestic Violence Laws and Gun Rights

Earlier this month, in United States v. Rahimi, the U.S. Court of Appeals for the Fifth Circuit struck down as unconstitutional a decades-old law barring people subject to domestic violence restraining orders from possessing firearms. The ruling comes on the heels of the U.S. Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen last term, which held that the Second Amendment protects the right to carry guns outside the home. Bruen also created a new history-and-tradition test for determining whether gun-control regulations are constitutional, which has led some lower courts to now rule differently on challenges to gun laws—including the Fifth Circuit. In this episode, two scholars and experts on the Second Amendment— Amy Swearer of the Heritage Foundation and Adam Winkler of UCLA School of Law—join to break down the Rahimi decision, which the U.S. Supreme Court may review in a future term, and explore the new landscape of Second Amendment law after Bruen. Host Jeffrey Rosen moderates. 

 Resources  

• United States v. Rahimi (5th Cir. 2023)
• NY State Rifle and Pistol Assoc. v. Bruen (2022)
• “Senate hears about legal fallout from Supreme Court gun decision,” RollCall (Mar. 2023)
• “The Essential Second Amendment,” Heritage Foundation ebook 
• Adam Winkler, Gunfight: The Battle Over the Right to Bear Arms in America (2013) 

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You can find transcripts for each episode on the podcast pages in our Media Library.