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The Citizens Committee for the Right to Keep and Bear Arms and Prof. William English, Ph.D., have submitted an amicus brief to the U.S. Supreme Court in a Texas case challenging a federal law which denies Second Amendment rights to all people who may be subject to domestic violence restraining orders.

English is a political economist and assistant professor of Strategy, Economics, Ethics, and Public Policy at the McDonough School of Business, Georgetown University. He has held teaching and research positions at Brown University and Harvard University before joining the faculty of Georgetown. In 2021, English conducted the largest-ever nationally representative survey of firearms owners, which estimated how frequently firearms are used for self-defense. The National Firearms Survey was the subject of an amicus brief submitted in New York State Rifle & Pistol Association, Inc. v. Bruen.

CCRKBA is not a party to the case, known as United States v. Rahimi. The amicus brief was submitted by attorneys Craig L. Uhrich and Serge Krimnus at Bochner PLLC in New York.

As noted in the brief, Domestic Violence Restraining Orders (“DVROs”), such as the one at issue in this case, are a relatively recent addition to the American legal landscape. The standards for obtaining DVROs vary by jurisdiction, and multiple studies have shown that such orders are widely abused, often in an effort by a party to obtain a tactical advantage during divorce and child custody cases. Though DVROs are often part of the legal process in such cases, the empirical evidence that restrictions on firearms ownership accompanying such orders are effective at preventing domestic violence is weak. The federal statute is known as § 922(g)(8). Read more

The Second Amendment Foundation has submitted an amicus brief to the U.S. Supreme Court in a complicated case known as United States v. Rahimi challenging a civil restraining order disarmament provision. The brief relies on last year’s ruling in New York State Rifle & Pistol Association v. Bruen to argue that the total disarmament is not analogous to the Founding era regulations, calling into question the constitutionality of such provisions.

SAF’s interest in this case is based on the fact that many firearms owners in this country suddenly find themselves subject to civil restraining orders, which deny them their fundamental constitutional right to keep and bear arms in a manner that does not comport with the Second Amendment’s text, as informed by history.

“As our brief explains,” noted SAF Executive Director Adam Kraut, “laws mandating total disarmament, in the relevant historical period, were related to disarming loyalists to preserve the integrity of our newly-formed government. The current federal law governing how gun owners’ rights are treated in relation to civil restraining orders lacks any well-established historical analogue.” Read more