The government can disarm "dangerous individuals" without violating the Second Amendment, U.S. Solicitor General Elizabeth Prelogar told the Supreme Court on Tuesday. J. Matthew Wright, the lawyer arguing the other side of United States v. Rahimi, agreed with that general principle.
But he did not agree that the federal law Prelogar was defending, which criminalizes gun possession by people who are subject to domestic violence restraining orders, fits within that tradition.
Neither did the U.S. Court of Appeals for the 5th Circuit, which last February ruled that the law, 18 USC 922(g)(8), was not "consistent with this Nation's historical tradition of firearm regulation"—the constitutional test that the Supreme Court established last year in New York State Rifle & Pistol Association v. Bruen.