Gov. Gavin Newsom (D-CA) is urging the Supreme Court to uphold a federal law that blocks people under domestic violence restraining orders from owning firearms.
The Golden State governor filed an amicus brief on Monday in a case to be argued later this year known as United States v. Rahimi after the Biden administration appealed a 5th U.S. Circuit Court of Appeals decision that held a federal"red flag" statute against domestic violence offenders was unconstitutional under the Second Amendment.
"Bruen instructed that when invoking historical statutes, the government need identify only a “historical analogue, not a historical twin," according to Newsom's brief, which added that multiple"courts have either ignored this instruction or expressed confusion as to what that more nuanced approach entails."
The 5th Circuit ruling centers on criminal defendant Zackey Rahimi, who was charged with violating 18 U.S. Code § 922 after police executed a search warrant on his home following repeated alleged instances of violent abuse of a firearm. When officers searched his home, they discovered he was subject to a domestic violence restraining order, and the federal statute criminalizes those who possess a gun under such an order.
Newsom's filing joins a chorus of briefs from pro-gun control groups that have urged the Supreme Court not to uphold the lower court decision.
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