Protection of domestic violence victims is at stake in US Supreme Court case

On June 30, the U.S. Supreme Court decided to grant review in U.S. v. Rahimi, a case from the U.S. Court of Appeals for the 5th Circuit. The sole issue presented for the court’s review is the constitutionality of the federal law that prohibits possession of firearms by people subject to protective orders issued under domestic-violence laws. 

Although the 5th Circuit initially upheld the federal statutory protection granted to victims, it changed its mind after the Supreme Court handed down New York State Rifle & Pistol Association Inc. v. Bruen, a 2022 decision that struck down a New York law because it infringed upon the right to bear arms. The Bruen case did not involve a domestic violence issue, but the decision did represent a more assertive effort by the court to strengthen the Second Amendment right to bear arms.    

The court’s disposition of the Rahimi case has the potential to drastically impact victims of domestic violence nationwide and particularly here in South Dakota.  

Under current federal law, South Dakota victims are protected by federal law in two aspects: gun possession is prohibited for people convicted of a misdemeanor crime of domestic violence, and gun possession is also prohibited for people who are currently subject to a restraining order issued on behalf of an intimate partner or children. Furthermore, a specific provision in the South Dakota statute (SDCL 25-10-24) permits a judge to order a defendant to surrender dangerous weapons and concealed carry permits to law enforcement authorities. 

South Dakota lies within the jurisdiction of the U.S. Court of Appeals for the 8th Circuit, which has already ruled on the right to bear arms issue.  In U.S. v Bena, decided in 2011, the 8th Circuit held that the federal statute (protecting victims of domestic violence) is not defeated by the Second Amendment right to bear arms.  But, the continued reliability of the Bena decision hinges on the Supreme Court’s ruling in Rahimi.  

If the approach adopted by the 5th Circuit is also adopted by the U.S. Supreme Court, the 8th Circuit’s Bena decision will be overridden and victims of domestic violence in South Dakota will lose substantial protection.