In 2019, Texan Zackey Rahimi assaulted his girlfriend and fired his gun at a witness. He was put under a domestic violence restraining order, which he violated by possessing a firearm—an infraction under a 1994 federal laws—which he fired at people on multiple occasions. In his defense, Rahimi argued that the restraining order’s gun ban violated his 2nd Amendment right to bear arms.
The 5th Circuit Court of Appeals agreed: there was no 18th century law analogous enough to the statute barring Rahimi from possessing a gun, and therefore under Bruen, that statute must be unconstitutional.
Yo what the FUCK
I can see why Texas is the venue that Republicans go to when they wanna get some crazy shit into precedent on a federal level
The 18th century analogy standard was widely misused. Probably because SCOTUS didn’t make it clear and it’s a strange standard anyway. But yeah, the fifth circuit is a wild one
Yo what the FUCK
I can see why Texas is the venue that Republicans go to when they wanna get some crazy shit into precedent on a federal level
The 18th century analogy standard was widely misused. Probably because SCOTUS didn’t make it clear and it’s a strange standard anyway. But yeah, the fifth circuit is a wild one
I mean it’s basically a gateway to bad laws
“If there’s any dispute between how it used to be and how it is now, we want to make it so how it used to be wins”
“Wait isn’t there usually a reason they changed it?”
“I said no questions”
It’s like exigent circumstances only exist when it benefits their arguments…