Gun Ban on Accused Abusers Upheld by Fifth Circuit After Rahimi

December 31, 2024, 10:21 PM UTC

A federal law barring alleged domestic abusers from having a gun doesn’t violate the Second Amendment, the Fifth Circuit said Tuesday, reversing itself after the US Supreme Court upheld a related provision of the same statute.

Because alleged domestic abusers pose a clear threat of violence, the measure is constitutional under the high court’s United States v. Rahimi ruling, Judge Jerry E. Smith said for the US Court of Appeals for the Fifth Circuit.

The appeals court left the door open for the law to be held unconstitutional in some instances. While nixing Litsson Antonio Perez-Gallan’s facial challenge to the ...

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