FPCAF Files New Supreme Court Brief in Prohibited Persons Case
WASHINGTON, DC (October 9, 2023) – FPC Action Foundation (FPCAF) announced today that it has filed a brief with the United States Supreme Court in United States v. Rahimi, which challenges the constitutionality of 18 U.S.C. § 922(g)(8), the federal law prohibiting firearms possession by those subject to civil protection orders. The brief can be viewed here.
“Historically, only dangerous persons could be disarmed,” argues the brief. “But Section 922(g)(8)’s applications are not limited to dangerous persons. Because it applies to peaceable persons as well, it contradicts our nation’s tradition of firearm regulation and violates the Second Amendment.”
“Someone can be disarmed based solely on the content of the [court] order, with no regard for the individual’s actual conduct,” continues the brief. “In such cases, no history of dangerous behavior or even a likelihood of future dangerous behavior is required. Nothing, therefore, prevents a peaceable person from being disarmed under Section 922(g)(8) if an overbroad order contains the restrictions in §922(g)(8)(B) & (C)(ii).”
“The Government argues that it may disarm anyone who is not both law-abiding and responsible,” said FPCAF’s Director of Constitutional Studies and brief author, Joseph Greenlee. “But we make clear that the Second Amendment protects all peaceable persons. And because Section 922(g)(8) disarms peaceable persons, it is unconstitutional.”
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FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action education, and research programs.
FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.
