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 County, Texas, restraining him from having any contact with his girlfriend for two years, an order obtained after Rahimi assaulted her with a firearm in the presence of their young child. The order included a suspension of his license to carry a firearm. Rahimi soon violated the order by approaching the girlfriend at her home at night. He also began contacting her through several social media accounts. In addition, Rahimi threatened a different woman with a gun, resulting in a charge of aggravated assault with a deadly weapon. And while Rahimi was under arrest for that assault, the Texas police identified him as the suspect in a spate of at least five additional shootings. 

As a result, Rahimi was indicted on one count of possessing a firearm while subject to a domestic violence restraining order, in violation of 18 U. S. C. § 922(g)(8). Looking at a potential 10 years in prison (since ....

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