A federal appeals court has upheld a federal law prohibiting individuals subject to certain domestic violence orders from possessing firearms, marking a significant reversal from its earlier stance after the U.S. Supreme Court’s landmark decision in United States v. Rahimi on the constitutionality of disarming individuals deemed dangerous.
The U.S. Court of Appeals for the Fifth Circuit ruled on Dec. 31 that, because alleged domestic abusers pose a clear threat of violence, the law that bars such individuals from possessing a firearm does not violate the Second Amendment.
The case, United States v. Perez-Gallan, centers on a constitutional challenge to 18 U.S.C. § 922(g)(8)(C)(ii), a provision that bars firearm ownership for individuals under court orders that explicitly prohibit the use—or threatened use—of physical force against an intimate partner or child….