Is it Constitutional for a Prohibited Person Under a Restraining Order to Possess a Gun in the USA?

Question from tt, Is it Constitutional for a Prohibited Person Under a Restraining Order to Possess a Gun in the USA?

Answer from AI:

In the United States, the issue of gun possession by individuals under a restraining order is governed by federal law, specifically the Gun Control Act of 1968, as amended by the Lautenberg Amendment in 1996.

Federal Law on Gun Possession and Restraining Orders

Under 18 U.S.C. § 922(g)(8), it is unlawful for any person who is subject to a court order, such as a restraining order, that restrains such person from harassing, stalking, or threatening an intimate partner or child of such intimate partner, to possess a firearm. This law applies if the court order was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate.

Constitutionality of the Law

The constitutionality of this law has been challenged in courts, but it has generally been upheld. The U.S. Supreme Court has not directly ruled on this specific issue, but lower federal courts have generally found that the law does not violate the Second Amendment right to bear arms.

For example, in the case of United States v. Skoien, the Seventh Circuit Court of Appeals upheld the constitutionality of the law, finding that the government has a compelling interest in preventing domestic violence and that the law is a reasonable means of achieving that goal.

When to Seek Legal Advice

If you are subject to a restraining order and are unsure about your rights regarding gun possession, it is important to seek legal advice. A lawyer can provide personalized advice based on your specific circumstances.

General Guidelines and Resources

If you are subject to a restraining order and own a firearm, here are some general steps you might take:

• Consult with a lawyer to understand your legal obligations.
• If necessary, surrender your firearms to law enforcement or sell them to a licensed dealer.
• Comply with all terms of the restraining order, including any provisions related to firearms.

The U.S. Department of Justice provides resources for victims and witnesses, including information about restraining orders and gun laws.

Please note: This information is intended to provide a general overview of the law and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.