Brief filed: 10/04/2023
United States v. Rahimi
United States Supreme Court; Case No. 22-915
61 F.4th 443 (5th Cir. 2023)
There is a shocking lack of due process, in New York courts and courts across the nation, underlying overly broad protective orders that deny people their Second Amendment rights. Wide variations in state restraining order regimes create uneven and severe burdens on Second Amendment rights. The Bronx Defenders Union are New York City public defenders who have seen hundreds of orders of protection issued in criminal and family court every day over decades. From all our collective experience, we have witnessed that, at least in New York City, judges issue orders of protection without any finding of dangerousness or violence and without affording the accused any due process. The central argument of the Government is that orders of protection are proxies for dangerousness. This premise is false, given the reality that these orders of protection are issued without any meaningful opportunity to contest the underlying allegations.
Aimee Carlisle and Christopher Smith, Bronx Defenders Union, Bronx, NY; David M. Porter, NACDL, Sacramento, CA.