Background: The Supreme Court has directed the Fifth Circuit Court of Appeals to re-examine a case involving the federal prohibition on felons possessing firearms. This comes after the recent decision in United States v. Rahimi, which struck down a law banning firearm possession by individuals subject to domestic violence restraining orders.
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Specific Case: The case in question, Kirklin v. United States, involves Richard Kirklin, who challenged the constitutionality of 18 U.S.C. § 922(g)(1), the federal law barring felons from possessing firearms, after his conviction for possession of a firearm by a felon.
Rahimi's Impact:
Precedent: In Rahimi, the Supreme Court held that the prohibition on gun possession by those subject to domestic violence restraining orders violated the Second Amendment. This decision has prompted a re-evaluation of similar gun restrictions under the precedent set by New York State Rifle & Pistol Association v. Bruen (2022), which emphasizes a historical tradition test for evaluating gun laws.
Re-evaluation: The Fifth Circuit must now reconsider Kirklin’s case under the framework established in Rahimi and Bruen. This involves assessing whether there is a historical tradition supporting the prohibition on felons possessing firearms
Potential Implications:
Legal Landscape: This reconsideration could impact the legal landscape concerning firearm restrictions and the Second Amendment. If the prohibition on felons possessing firearms is deemed unconstitutional, it may lead to significant changes in gun control laws.
Broader Challenges: The outcome may also influence other challenges to various gun control measures, particularly those that involve individuals with past criminal convictions.
Next Steps:
Review: The Fifth Circuit will now conduct a review of the case, considering the guidance from the Supreme Court. The decision could set a precedent for how courts handle similar challenges to federal gun laws.
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