WASHINGTON, DC (October 5, 2023) – Firearms Policy Coalition (FPC) announced today that it has filed a brief with the United States Supreme Court in United States v. Rahimi, which challenges the constitutionality of 18 U.S.C. § 922(g)(8), the federal law prohibiting firearms possession by those subject to civil protection orders. The brief can be viewed at FPCLaw.org.
FPC’s brief focuses specifically on Congress’ lack of authority to engage in broad federal firearm disarmament–noting that it is a power that was specifically reserved to the states and not granted to Congress. “Amicus agrees with Respondent that 18 U.S.C. § 922(g)(8) violates the Second Amendment,” argues the brief. “This brief focuses on Respondent’s alternative argument that Congress has no authority to enact a ban on firearm possession by individuals subject to family law restraining orders.”
“The United States confirms that 48 states, including Respondent’s state of Texas, ‘restrict gun possession by persons subject to protective orders or permit courts to impose such restrictions,’” the brief goes on to argue. “The states have already exercised their police powers to accomplish precisely what § 922(g)(8) aims to accomplish.”
The brief also argues that if the Supreme Court addresses the Second Amendment question, instead of merely striking the statute as an improper act of Congress, the Court should focus on the history of firearm regulation concurrent with the ratification of the Second Amendment, and not later history: “In short, the Founders’ understanding is the interpretive lodestar when considering the Bill of Rights. This methodology is essential to ensure parity of protection against federal or state action.”
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Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.
FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.