US Supreme Court Upholds Importance  of Due Process in US v. Rahimi

Today, the US Supreme Court held in US v Rahimi that the temporary restriction of a dangerous individual’s ability to possess a firearm is consistent with the history of the 2^nd Amendment. 

While there are those in Illinois who would seek to remove firearms and deny rights to individuals without the benefit of due process, The Illinois State Rifle Association points out that today’s opinion makes clear that proper due process is an important part of the process where 2^nd Amendment rights are concerned. 

Notably, Chief Justice Roberts finds that a temporary restriction under 922(g)(8) is proper because in part:

“A prosecution under Section 922(g)(8) may proceed only if three criteria are met. First, the defendant must have received actual notice and an opportunity to be heard before the order was entered.”

The Illinois State Rifle Association has opposed recent attempts by activists to pass laws which restrict 2^nd Amendment Rights without due process, and we strongly encourage those groups to heed the words written in the majority opinion today which also contains the following passages:

“we note that Section 922(g)(8) applies only once a court has found that the defendant “represents a credible threat to the physical safety” of another.”

“the Second Amendment right may only be burdened once a defendant has been found to pose a credible threat to the physical safety of others.”

Again, today’s decision makes clear that a court must make a finding before restricting 2^nd amendment rights. These rights cannot be curtailed on the basis of an unverified allegation, and the ISRA will continue to fight against attempts to remove firearm owner’s rights to due process in the Illinois legislature. 

“Today’s opinion applies solely to those who have been shown to be a credible threat to others through due process in the legal system.  The ISRA continues to fight for the rights of peaceful citizens to protect themselves through firearm ownership and exercise of their 2^nd amendment rights”  – Richard Pearson, Executive Director, Illinois State Rifle Association.

To learn more about the ISRA, join or renew your membership or make a donation, please visit www.isra.org