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Prairie State Wire

Monday, November 4, 2024

US Supreme Court affirms due process in ruling on firearm restrictions

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Richard A. Pearson, Executive Director | ISRA website

Richard A. Pearson, Executive Director | ISRA website

On June 21, 2024, the US Supreme Court ruled in US v. Rahimi that temporarily restricting a dangerous individual's ability to possess a firearm aligns with the history of the Second Amendment. The Illinois State Rifle Association (ISRA) highlighted that this decision underscores the necessity of due process in matters concerning Second Amendment rights.

Chief Justice Roberts noted, "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 ISRA has consistently opposed recent legislative attempts to restrict Second Amendment rights without due process. The association urged activists to consider today's majority opinion carefully, which includes passages such as: "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," and "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."

Richard Pearson, Executive Director of ISRA, emphasized, "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 Second Amendment rights."

To learn more about ISRA or support their cause, visit www.isra.org.

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