2nd Amendment Update: Those Under a Protection Order or Facing Stalking Charges Can Be Barred from Possessing Guns

By Robert Phillips, Deputy Disrict Attorney (Ret).

Second Amendment Update: Those Subject to a Civil Protection Order or Facing a Felony Stalking Charge Can Lawfully Be Prohibited from Possessing Firearms  

Case Citations 

• United States v. Rahimi (U.S. Supreme Court, June 21, 2024) 
• United States v. VanDyke (9th Cir. Oct. 27, 2025) 

On June 21, 2024, the United States Supreme Court decided the case of United States v. Rahimi (2024) 602 U.S. 680 [144 S.Ct. 1889; 219 L.Ed.2nd 351]. The case involved an individual (Zackey Rahimi) who was indicted for violating 18 U. S. C. § 922(g)(8), a federal statute prohibiting individuals subject to a domestic violence restraining order from possessing a firearm. Section 922(g)(8) is violated only if the defendant “represents a credible threat to the physical safety” of his intimate partner or his or his partner’s child (18 U.S.C. § 922(g)(8)(C)(i)), or uses,” attempts to use, or threatens to use “physical force” against those individuals (18 U.S.C. § 922(g)(8)(C)(ii)).  

Rahimi’s indictment stemmed from his having violated a state court order issued in Tarrant ....

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