The U.S. Supreme Court has rejected a constitutional challenge to a federal law that prohibits individuals subject to domestic violence restraining orders from possessing firearms. This ruling marks the court’s first application of its Second Amendment historical analogue test since its 2022 decision in New York State Rifle & Pistol Association v. Bruen. The 8-1 decision affirmed the constitutionality of Title 18 Section 922(g)(8) of the U.S. Code, arguing historical parallels to laws intended to disarm dangerous individuals, though Chief Justice John Roberts noted that modern laws do not need to be exact historical replicas to be valid under the Second Amendment.
This ruling contrasts with the February 2023 decision by the Fifth Circuit, which found the statute unconstitutional under the strictest reading of the Bruen test. The high court’s decision aims to curb overly strict applications of the test, offering some clarification but still leaving various questions unanswered regarding the similarity needed between modern and historical laws to satisfy Second Amendment requirements.
For further details, see the original report on this decision at Law360.