The case will test how far the court’s conservative majority is willing to go in interpreting the scope of its 2022 ruling that expanded gun rights outside the home.
The Supreme Court on Tuesday indicated it would uphold a federal law that prohibits people under domestic violence restraining orders from owning firearms, potentially limiting the scope of its own major gun rights ruling from last year.
The case gives the court’s 6-3 conservative majority a chance to consider the broad ramifications of the 2022 decision, which for the first time found that there is a right to bear arms outside the home under the Constitution’s Second Amendment.
Yes, the terms used in those statutes are substantially similar to the terms used in my jurisdiction. I’m not sure what your point is?
What does substantiated mean to you? People are routinely convicted of crimes (beyond a reasonable doubt standard) on testimony and circumstantial evidence alone. Restraining orders are civil and only require a preponderance of the evidence standard.
Attorneys aren’t required for any cases (except corporations outside of small claims). Family law, small claims, and restraining orders typically use a simplified structure to allow for easy access by the general public.
Regardless, the issuance of a restraining order still has elements that need to be met, and they need to be proven to a preponderance of the evidence.