The eponymous case of Zackey Rahimi demonstrates precisely why Red Flag laws are so critical to the safety of communities and illustrates how the gun lobby’s efforts make our country less safe.
Focusing on the use of GVROs to reduce the impacts of domestic violence is key to protecting those experiencing abuse, but it can also protect entire communities. In the U.S., domestic violence has been identified as a common factor in nearly 70 percent of fatal mass shootings, meaning the perpetrator first killed a partner or family member or had a history of domestic abuse. It was the case in Sandy Hook, it was the case in Majorie Stillman Douglas High School, it was the case in Robb Elementary, it was the case in Pulse NIghtclub, and it was the case in the most recent spree shooting in Lewiston. The use of GVROs and Domestic Violence Restraining Orders (DVROs) in cases of domestic violence is constitutionally consistent with the Second Amendment to the United States Constitution. However, next month, the Supreme Court will hear United States v. Rahimi, which examines whether federal law can prohibit someone subject to a qualifying domestic violence restraining order from having a gun.
The eponymous case of Zackey Rahimi demonstrates precisely why Red Flag laws are so critical to the safety of communities and illustrates how the gun lobby’s efforts make our country less safe. In United States v. Rahimi, Rahimi pled guilty in 2021 to possessing guns in violation of a federal law, 18 USC § 922(g)(8), that makes it a crime to possess guns when you are the subject of a qualifying domestic violence restraining order.
Rahimi had such a protective order against him because of his actions against his ex-girlfriend, with whom he has a young child, and after he was involved in six separate shooting incidents around Arlington, Texas, a search of his bedroom turned up a pistol with an extended magazine and a semi-automatic rifle. A federal grand jury indicted him for possessing the guns, but his lawyers challenged the constitutionality of prosecuting him. The U.S. Fifth Circuit Court of Appeals ultimately sided with Rahimi, ruling that the Second Amendment prevents the government from barring individuals subject to qualifying domestic violence protective orders from possessing a gun. The U.S. Solicitor General’s Office appealed to the U.S. Supreme Court, which agreed to hear the case.
Americans overwhelmingly want restrictions on gun ownership in domestic violence scenarios. Indeed, a federal law banning those convicted of domestic violence from purchasing a gun is an approach supported by 81 percent of those self-identifying as Republicans and 91 percent of self-identified Democrats polled. The issue the public has with red flag laws isn’t a lack of support for them but rather a lack of awareness of them. Most Americans in the 21 states with red flag laws are unaware this powerful, relatively new crisis intervention tool is available to disarm a dangerous situation. Though gun violence restraining orders had been available in California for five years, two-thirds of the Californians surveyed had no knowledge of them. As we desperately search for solutions, spreading awareness on how the public can use these laws right now may be the fastest and most effective way to address one of the most chronic patterns in our nation’s gun violence epidemic.
This op-ed was distributed by American Forum.
