US v. Rahimi

Filed on:

In 2023, the United States Fifth Circuit Court of Appeals concluded that 18 U.S.C § 922(g)(8), which prohibits individuals subject to a domestic violence restraining order from possessing firearms, violates the Second Amendment and is therefore unconstitutional. The Supreme Court agreed to hear this case in June, and oral arguments were heard on November 7. 

Domestic violence creates significant danger for the lives of victims and their families. When a firearm is present, the chances that a domestic violence incident will result in a homicide increase by 500% (Campbell et al., 2003). Because Native women face the highest rates of domestic and intimate partner violence, the loss of Section 922(g)(8)’s protections would inevitably result in a significant loss of life in Tribal communities and throughout the country.

The National Indigenous Women’s Resource Center filed an amicus brief encouraging the United States Supreme Court to overturn the Fifth Circuit’s decision declaring section 922(g)(8) unconstitutional.

Campbell, J. C., Webster, D., Koziol-McLain, J., Block, C., Campbell, D., Curry, M. A., Gary,
F., Glass, N., McFarlane, J., Sachs, C., Sharps, P., Ulrich, Y., Wilt, S. A., Manganello, J.,
Xu, X., Schollenberger, J., Frye, V., & Laughon, K. (2003). Risk factors for femicide in
abusive relationships: results from a multisite case control study. American journal of
public health, 93(7), 1089–1097.