WASHINGTON D.C. – Gov. Gavin Newsom Aug. 22 filed an amicus brief in the United States Supreme Court in defense of a federal law that prohibits individuals under domestic violence restraining orders from possessing firearms. The case, United States v. Rahimi, is being heard by the Supreme Court following the Fifth Circuit Court of Appeals’s decision ruling this life saving federal “red flag” law unconstitutional under the Second Amendment. The Governor’s brief argues that the lower court incorrectly interpreted the Supreme Court’s Bruen decision last year and that the federal government’s ability to enact gun regulations to protect families from dangerous individuals is supported by a longstanding historical tradition.
“It’s simple: Domestic abusers shouldn’t have guns, and America’s gun safety laws are supported by the Constitution and longstanding historical tradition,” said Gov. Newsom. “The Second Amendment is not a suicide pact. The Supreme Court must reverse the lower court’s decision.”
California has its own red flag laws that allow victims of domestic violence to seek protective orders to prohibit their abuser from possessing a gun. Across the nation, 45 states have similar laws enacted that limit the ability of those under a domestic violence restraining order from accessing firearms.
The Governor’s amicus brief defends the federal government’s ability to enact common sense gun safety laws.
A copy of the amicus brief is available here.