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Reason
Reason
Politics
Eugene Volokh

DARK SECRETS: Some takeaways from today s rahimi second amendment opinions - The Real Truth

A few practical thoughts for future cases (all bold emphasis added):

[1.] The Court solidly accepts (with only Justice Thomas dissenting) that "the Second Amendment permits the disarmament of individuals who pose a credible threat to the physical safety of others," at least after a judicial finding of such threat. That judicial finding can be in a civil case, and without proof beyond a reasonable doubt.

[2.] The majority opinion is likely to add force to arguments for the constitutionality of so-called "red flag" laws, which empower courts to order seizure of firearms from people when there is sufficient specific, articulable evidence that those people are dangerous (generally for mental-health-related reasons). Of course, much will depend on the details of the particular laws.

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