The Supreme Court will hear a case this coming term, United States v. Rahimi, that could have significant ramifications for Second Amendment law.- The case centers on Zackey Rahimi — an individual who is “hardly a model citizen,” as the Fifth Circuit acknowledged while siding with him — and his constitutional challenge to the statute he was convicted under, which bars subjects of domestic violence restraining owners from possessing firearms.
- “The question is whether a restraining order achieved through the civil law process (lower burden of proof), and not the criminal law process (higher burden of proof) is enough to strip a person’s constitutional rights when that person has not been convicted of a felony,” John Shu, an attorney and legal commentator who served in the George H.W. Bush and George W. Bush administrations, told the Daily Caller News Foundation.
The Supreme Court will hear a case this coming term challenging a federal law that prohibits individuals subject to domestic violence restraining orders from possessing firearms, which is expected to shape the future of Second Amendment law.
Zackey Rahimi, the individual at the center of the case, was involved in five shootings between December 2020 and January 2021, in one instance firing shots into the air after his friend’s credit card was declined at a Whataburger, according to court documents. When police obtained a warrant to search his home, they found him in possession of a firearm, a violation of a civil protective order entered against him in February 2020 for allegedly assaulting his ex-girlfriend.
A federal grand jury indicted Rahimi under a statute barring subjects of domestic violence restraining owners from possessing firearms. The Fifth Circuit agreed with Rahimi’s challenge to the law’s constitutionality in February, finding it did not fit “within our Nation’s historical tradition of firearm regulation,” the standard set out in the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen.
“Rahimi, while hardly a model citizen, is nonetheless part of the political community entitled to the Second Amendment’s guarantees, all other things equal,” the court found.
The Fifth Circuit specified in its ruling that the question at hand in the case is “not whether prohibiting the possession of firearms by someone subject to a domestic violence restraining order is a laudable policy goal.” Rather, it frames it as a more nuanced question of due process.
“The question is whether a restraining order achieved through the civil law process (lower burden of proof), and not the criminal law process (higher burden of proof) is enough to strip a person’s constitutional rights when that person has not been convicted of a felony,” John Shu, an attorney and legal commentator who served in the George H.W. Bush and George W. Bush administrations, explained to the Daily Caller News Foundation.
Rahimi was charged with multiple state offenses prior to engaging in the five shootings — including aggravated assault with a deadly weapon in November 2020 and use of a firearm in the physical assault of his girlfriend in December 2019 — but was not convicted. If Rahimi had been convicted of a felony, the question now before the Supreme Court would be a non-issue because, as Shu said, he “definitely would have had his firearms taken away” as “federal and state law is clear, in line with history and tradition, that convicted felons may not buy, own, or possess firearms.”
“There’s no question that Rahimi admitted to engaging in reprehensible, felonious, criminal acts, independent of the domestic violence allegations,” he said. “One huge question is why both the Texas state and federal criminal justice systems failed to investigate, arrest, charge, hold without bail, and eventually convict and incarcerate Rahimi for any of them, especially given that the civil restraining order was issued nearly a year before most of his misdeeds.”
Advocates against domestic violence have come out in full force against Rahimi: “For thousands of women, children, and other potential victims of domestic violence, as well as potential other victims of mass shootings by domestic abusers, the stakes are literally life or death,” a coalition of gun violence and domestic violence prevention groups told the Supreme Court in a brief.
While gun groups note Rahimi is not a sympathetic plaintiff, they bristle at efforts to frame his case as one about domestic violence.
“One of the problems with this kind of gun control is it merely disarms a dangerous individual and then leaves them at large in society,” Aidan Johnston, director of Federal Affairs for Gun Owners of America, told the DCNF. “If Zackey Rahimi is too dangerous to own a gun, then why are we letting him run around in society to go and abuse other women?”
In divorce proceedings, Johnston said the judge will sometimes issue the kind of order applied to Rahimi to both parties in the case — the victim and the abuser.
“That’s what Gun Owners of America is fighting for in this case: to empower victims with their Second Amendment rights,” he said. “An unconstitutional, broad statute like this prohibited person category can result in the good guys getting disarmed while bad guys run free.”
Insofar as the Supreme Court’s ruling clarifies Bruen’s historical standard, legal experts say it could have an impact on pending cases challenging various gun restrictions in the lower courts.
In Florida, for example, the Eleventh Circuit is waiting for the Supreme Court’s ruling before proceeding with a lawsuit that challenges the states’ ban on individuals under 21 owning guns.
National Foundation for Gun Rights Executive Director Hannah Hill told the DCNF she anticipates the case having a big impact on “red flag” laws numerous states have passed.
“The arguments for stripping citizens of a Bill of Rights guarantee just based on a restraining order are identical to the arguments for red flagging someone,” Hill said. “The policies are very, very similar, and both should be struck down for the same reasons. You cannot deprive people of Bill of Rights guarantees unless a) they’ve committed an appropriate crime, and b) they’ve received full due process.”
Democratic Michigan Gov. Gretchen Whitmer signed a “red flag” bill into law in May. Republican Tennessee Gov. Bill Lee called on the state legislature to pass one in April, weeks after the Nashville Covenant School shooting.
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“Due process includes jury trial, the right to face your accusers, beyond a reasonable doubt standard of evidence, etc. – namely all the protections on the criminal justice process side, which are laid out in the Constitution and the extensive body of statutory and case law fleshing out exactly what those due process protections are,” Hill told the DCNF.
The Biden administration urged the Supreme Court on Monday to rule against Rahimi, arguing that individuals subject to domestic violence protective orders “pose an obvious danger to their intimate partners because guns often cause domestic violence to escalate to homicide and because abusers often use guns to threaten and injure their victims.” Moreover, the government notes protective orders must “satisfy strict requirements” to strip an individual of their firearms under federal law.
“An order must either contain a judicial finding that the person poses a credible threat to the physical safety of another, or explicitly prohibit the use, attempted use, or threatened use of physical force,” Department of Justice Solicitor General Elizabeth Prelogar wrote in the government’s brief. “A court must have issued the order after notice and a hearing. And the disqualification lasts only as long as the order remains in effect.”
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Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.