At Dawn King Law Group, we usually adopt a lighter tone in our blogs, however, we do want to address a gravely serious topic presently under the U.S. Supreme Court’s scrutiny, originating from a case in our own backyard of Texas.
In United States v. Rahimi, Zackey Rahimi is challenging a Texas law, mirrored in many other states, that revokes the gun rights of individuals subject to domestic violence restraining orders. The case stems from a protective order issued in Feb. 2020 right here in Tarrant County, Texas but is part of a significant push by gun rights advocates to adhere closely to some of the Second Amendment’s wording. Grasping the nuances of this case is crucial, as its outcome will significantly impact both domestic violence victims and the accused.
United States v. Rahimi
This legal challenge emerged from Rahimi’s case in Texas as he was handed a protective order in February 2020 by a Texas state court. This followed an incident where Rahimi assaulted his then-girlfriend and the mother of his child, and then fired a gun after noticing that a bystander witnessed the assault. Luckily, she was able to excape and call for help. The order prohibited Rahimi from being near his former girlfriend’s residence and workplace and from possessing firearms.
Rahimi, however, defied the restraining order. He tried to communicate with his ex. on social media and approached her house in the middle of the night,which led to an arrest for violation of the protective order. A couple of months later, Rahimi threatened another woman with a gun and was charged with aggravated assault with a deadly weapon. To add more fuel to the fire, Rahimi then participated in a series of five shootings from December 2020 to January 2021. First, after someone who had bought drugs from him “started talking ‘trash’” on social media, he went to the man’s home and fired bullets into it using an AR-15 rifle.. The next day, after colliding with another vehicle, he shot at the other driver, fled, returned to the scene, fired more shots at the other car, and fled again.Three days later, Rahimi fired a gun in the air in a residential neighborhood in the presence of young children, and a few weeks after that, fired multiple shots at another car that had been traveling behind a truck that flashed its headlights at Rahimi when he sped past it on a highway. Finally, in early January, Rahimi pulled out a gun and fired multiple shots in the air after a friend’s credit card was declined at a fast-food restaurant. In 2021, following his alleged involvement in the multiple shootings, police executed a search warrant and discovered a.45- caliber pistol, a .308-caliber rifle, pistol and rifle magazines, ammunition, approximately $20,000 in cash, and a copy of the previously issued restraining order, leading to his charge under 18 U.S.C. § 922(g)(8) which states any person subject to an order of protection related to an “intimate partner” is not able to legally possess a firearm. However, Rahimi contends that this law is unconstitutional due to the Second Amendment right to bear arms. The 5th Circuit Court of Appeals—which covers Texas, Mississippi, and Louisiana—heard the Rahimi case and determined that 18 U.S.C. § 922(g)(8) was unconstitutional. The Supreme Court heard arguments on this matter in November 2023 and is expected to issue a ruling this term.
Domestic Violence Often a Predecessor to Larger Acts of Violence
The intersection of domestic violence and gun ownership is a contentious issue, particularly in Texas. Here, data reveals a stark reality: out of 179 women killed by intimate partners, 129 were shot. Broadening the scope, research indicates a link between two-thirds of mass shootings and domestic violence incidents. These statistics underscore a lethal combination of domestic violence and firearms, fueling the ongoing debate over unbridled gun rights.
The case sitting in front of the Supreme Court raises significant concern for the rights of the people of Texas to protect themselves and be protected by the courts whose job it is to uphold the safety of the people. When the numbers clearly show perpetrators of domestic violence tend to escalate their violence through access to firearms, is it sensible to strip these restrictions? However, should those merely accused but not convicted face a restriction of their rights? These questions will soon be answered by the U.S. Supreme Court and then debated in the public and media for months to come.
Dawn King Stands by the People of Texas
At Dawn King Law Group, we stand by the people of Texas. This includes defending their rights, both to protect themselves against the violence of others and to protect their rights against false accusations. The standard for receiving a domestic violence protection order in Texas isn’t particularly high which sets the bar low for stripping the people of Texas of their right to bear arms. However, it’s a delicate balance when considering the heightened risk of deadly gun violence involving intimate partners.
Whether you are the victim of domestic violence by a partner or are being falsely accused, we will stand by you and protect your rights in the court of law. Contact our team today to get compassionate, honest, and steadfast representation in Texas family court cases. We will continue to keep an eye on the Supreme Court’s deliberations in this vital gun rights and gun safety case.