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Supreme Court upholds federal gun ban for those under domestic violence restraining orders

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Supreme Court upholds federal gun ban for those under domestic violence restraining orders

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The Supreme Court Friday upheld a federal law that bans guns for those subject to domestic violence restraining orders (DVROs) in the first major test of the Second Amendment at the high court this term.

In an 8-1 opinion authored by Chief Justice Roberts, the court’s majority said, “[W]e conclude only this: An individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment.” Justice Clarence Thomas was the lone dissenter.

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Both liberal and conservative justices agreed with the Biden administration that there was a history and tradition of keeping firearms from dangerous persons, despite the lack of any specific ban that may have been in place when the Constitution was enacted in the 1790s.

The case, U.S. v. Rahimi, is first major test of the Second Amendment since a high court ruling in 2022 expanding rights of law-abiding citizens to carry handguns outside the home for protection, and could have major implications for several gun-rights measures working their way through the legal system and in state legislatures.

SUPREME COURT APPEARS LIKELY TO HAND BIDEN DOJ A WIN ON CHALLENGE TO GUN LAW

The Supreme Court is seen Wednesday, June 29, 2022, in Washington. (AP Photo/Jacquelyn Martin)

The conservative majority in that case known as “Bruen” said gun regulations must be consistent and analogous with “the Nation’s historical tradition of firearm regulation” in order to withstand present-day constitutional scrutiny.

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It could also affect current cases that deal with whether current and former drug users can similarly be denied gun ownership – like that of Hunter Biden. The president’s son plans to challenge his conviction this month for lying on a federal registration form in 2018 about his addiction when buying a firearm.

The case before the court stemmed from a lawsuit that involves a Texas man, Zackey Rahimi, who – under a DVRO – argued he still had a right to keep a gun for self-protection. Rahimi was charged with separate state offenses that began with the 2019 physical assault of his ex-girlfriend and later another woman by use of firearms.

READ THE SUPREME COURT OPINION – APP USERS, CLICK HERE:

 A Texas court in a civil proceeding found Rahimi had “committed family violence,” then granted his former girlfriend a protective order that included suspension of Rahimi’s gun license. Court records show he was warned gun possession under the protective order would be a federal offense.

After repeatedly violating the order, including approaching the victim and threatening her, Rahimi was also accused of firing a gun in public in five different locations within a span of weeks. Police then searched his residence and found handgun, rifle, and ammunition.

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While contesting some of the allegations against him, he pleaded guilty to a violation of federal law for later possessing a handgun despite an earlier restraining order, but then appealed.

The 5th Circuit U-S Court of Appeals ruled for Rahimi, saying the federal restriction was unconstitutional since there was no historical analog justifying the burden on individual self-defense rights.

 A major question was whether there was a precise analog now to the 18th century legal concept of domestic violence and gun rights– that would give modern day legislatures and courts the discretion to limit gun possession for those deemed dangerous or irresponsible.

Friday’s decision in the DVRO case was narrow in scope, focusing only on whether the Second Amendment protects those considered a danger to society.

“When a restraining order contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may—consistent with the Second Amendment—be banned from possessing firearms while the order is in effect,” the Chief Justice wrote for the majority. 

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“Since the founding, our Nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms. As applied to the facts of this case, [the statute] fits comfortably within this tradition,” he wrote.  

Six justices filed separate concurrences, agreeing with the outcome, but offering separate thoughts on the scope of the majority opinion—signaling some concerns with Roberts’ reasoning laid out in the majority opinion.

Those were Justices Sonia Sotomayor – supported by Elana Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson.

Thomas wrote a long dissenting opinion. 

“The question before us is not whether Rahimi and others like him can be disarmed consistent with the Second Amendment. Instead, the question is whether the Government can strip the Second Amendment right of anyone subject to a protective order—even if he has never been accused or convicted of a crime. It cannot,” he said. 

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“The Court and Government do not point to a single historical law revoking a citizen’s Second Amendment right based on possible interpersonal violence. The Government has not borne its burden to prove that [the statute] is consistent with the Second Amendment’s text and historical understanding.

 “The Framers and ratifying public understood ‘that the right to keep and bear arms was essential to the preservation of liberty,’” he continued. 

“Yet, in the interest of ensuring the Government can regulate one subset of society, today’s decision puts at risk the Second Amendment rights of many more. I respectfully dissent,” he said.

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Video: Former Presidents Speak at Jesse Jackson’s Memorial

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Video: Former Presidents Speak at Jesse Jackson’s Memorial

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Former Presidents Speak at Jesse Jackson’s Memorial

Barack Obama, Joseph R. Biden Jr. and Bill Clinton were among the dozens of speakers at a public memorial for the late Rev. Jesse Jackson in Chicago on Friday. The event celebrated the civil rights leader’s commitment to public service and racial justice.

“It was because of that path that he had laid, because of his courage, his audacity, that two decades later a young Black senator from Chicago’s South Side would even be taken seriously as a candidate for the presidential nomination. The last time he and I had a chance to visit in person, he was already ailing. It was getting difficult for him to stand, difficult for him to speak. Figured we’d just have a low-key visit. Maybe he’d need some rest. And he starts coming up with this project and this initiative and issues I needed to look into.” “He used his gifts to influence generations, generations of Americans, and countless elected officials including presidents, as you see here today.” “We did not always agree, but I’ll tell you one thing. He made me a better president when I got in office. Because he was always pushing on things and he knew that change came from the outside in.” “In the movements for justice that have grown from the seeds that he tilled. Now, to the world, Jesse Jackson was an ambassador of hope for the oppressed who met with kings and queens and presidents and dictators and clergy of all the great religions. But here in Chicago, he was our neighbor.”

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Barack Obama, Joseph R. Biden Jr. and Bill Clinton were among the dozens of speakers at a public memorial for the late Rev. Jesse Jackson in Chicago on Friday. The event celebrated the civil rights leader’s commitment to public service and racial justice.

By Jorge Mitssunaga

March 6, 2026

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Man convicted of Iran-backed Trump assassination plot compared his plan to Butler shooting: FBI

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Man convicted of Iran-backed Trump assassination plot compared his plan to Butler shooting: FBI

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A Pakistani man convicted Friday in federal court of plotting to assassinate President Donald Trump and other politicians told an FBI agent he thought Iran “was responsible” for the assassination attempt on Trump in Butler, Pennsylvania.

Asif Merchant, 47, told the FBI agent, Jacqueline Smith, that the incident “was the same thing he was sent here to do,” Smith testified during Merchant’s trial. Merchant told jurors the Islamic Revolutionary Guard Corps (IRGC) sent him on a “mission” to kill U.S. politicians, including by telling him to attend a Republican rally.

Merchant was arrested July 12, 2024, one day prior to the shooting in Butler, where Thomas Crooks fired several shots into a rally crowd, killing one and grazing Trump’s ear. 

The FBI has said repeatedly it found no evidence that Crooks had co-conspirators or that any foreign actors were involved in the incident.

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A sketch showing Asif Merchant, a Pakistani national with alleged ties to Iran, appearing in federal court in Brooklyn, N.Y., Wednesday, March 4, 2026. Merchant was on trial for charges related to a foiled 2024 plot to assassinate a high-profile U.S. politician, identified by defense and law enforcement sources as President Donald Trump. (Christine Cornell)

Merchant, who was found guilty on all charges Friday after fewer than two hours of deliberation, was convicted by a jury in Brooklyn, New York, of murder-for-hire and attempting to commit terrorism. He testified that Trump was not his only target, telling jurors then-President Joe Biden and former presidential candidate Nikki Haley were also on his list. 

He claimed he only took part in the plot, which was foiled by the FBI before coming to fruition, because Iran’s IRGC warned it would target his family.

FORMER IRANIAN MINISTER PRAISES TRUMP ASSASSINATION FATWA AS DAUGHTER LIVES IN NEW YORK

“I had no other options,” Merchant said. “My family was threatened.”

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Merchant now faces a maximum penalty of life in prison. His sentence will be determined at a later hearing.

Attorney General Pam Bondi said in a statement that Merchant “landed on American soil hoping to kill President Trump — instead, he was met with the might of American law enforcement.”

“The Department of Justice will remain ever-vigilant to protect Americans, prosecute terrorists, and halt acts of terrorism before they happen,” Bondi said.

This image provided by the Justice Department, contained in the complaint supporting the arrest warrant, shows Asif Merchant.  (Justice Department via AP, File)

Merchant was arrested after he was recorded on camera outlining a plot on a napkin to kill a politician with a person who turned out to be an FBI informant. Federal prosecutors showed video during the trial of Merchant speaking to the informant. The prosecutors said Merchant also tried to hire two hit men and pay them $5,000, but the men turned out to be federal agents posing as assassins.

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Smith, the FBI agent who met with Merchant after his arrest, said Merchant never conveyed that he feared for his family. Merchant said he wanted to do intelligence work and be paid for it, Smith said.

TRUMP DECLARES ‘I GOT HIM BEFORE HE GOT ME’ AFTER IRAN’S SUPREME LEADER KILLED IN STRIKE

Republican presidential candidate Donald Trump is whisked away by the Secret Service after shots rang out at a campaign rally at Butler Farm Show Inc. July 13, 2024, in Butler, Pa.  (Jeff Swensen/Getty Images)

The FBI agent also said Merchant was told by an Iranian handler to attend a Republican political rally to scope out security. But Merchant was worried about being identified, so he watched the rally online instead.

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Merchant’s defense team told jurors their client, who has two wives, was a family man and cared deeply about his faith and that he intentionally acted carelessly because he wanted to be caught.

In their closing arguments, defense lawyers said Merchant had his hand forced in the operation, thinking his family would be harmed if he did not cooperate. Additionally, the lawyers cited several instances in which Merchant’s actions as an intelligence operator were little more than incompetent.

Fox News’ Danielle Cavaliere, Brendan McDonald and Alexis McAdams contributed to this report.

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Feds say Pakistani national backed by Iran plotted to assassinate Trump, others in murder-for-hire scheme
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Veteran Rep. Darrell Issa decides not to seek reelection in new Democratic-leaning district

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Veteran Rep. Darrell Issa decides not to seek reelection in new Democratic-leaning district

Veteran Republican Rep. Darrell Issa announced Friday that he will not run for reelection in his newly configured congressional district in San Diego and Riverside counties.

“This decision has been on my mind for a while and I didn’t make it lightly,” Issa said in a statement, arguing that he would have won the 2026 race based on his campaign’s polling and his support from President Trump among others. “But after a quarter-century in Congress — and before that, a quarter-century in business — it’s the right time for a new chapter and new challenges.”

Issa called serving in Congress “the honor of my life,” and highlighted his work for constituents such as 100-year-old retired Navy fighter pilot Royce Williams, who was awarded a congressional medal of honor during Trump’s State of the Union address. “… every day my teams in Washington and California have worked to deliver for our constituents,” Issa said.

Issa, among the wealthiest members of Congress, began telling people earlier this week that he would retire from Congress, sources said.

He had an outsized impact on state and national politics, according to political experts and strategists, including funding the successful 2003 recall of Gov. Gray Davis, which ushered Arnold Schwarzenegger into office, and his work as the head of the powerful House Oversight and Government Reform Committee during high-profile investigations of the Obama administration.

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“Darrell Issa was a constant and consequential presence in the Republican Party in California without ever being its most prominent leader,” said Thad Kousser, a political science professor at UC San Diego. “He’s the person probably most responsible for the recall of Gray Davis going forward, but then he got boxed out of the race when Arnold Schwarzenegger got in. He became one of the most prominent protagonists of Barack Obama. But that never elevated him to statewide prominence or statewide office in his own state.”

National and state Republicans lauded Issa.

“We are grateful for Congressman Darrell Issa’s decades of dedicated service to the people of California and our nation,” said Christian Martinez, the spokesman for the National Republican Congressional Committee. “Throughout his career, he has embodied the spirit of public service, championed our military, and fought tirelessly for a stronger America.”

Kevin Spillane, a San Diego-area GOP political strategist, said Issa substantially enhanced his national profile during the investigation into the 2012 attack on the U.S. diplomatic mission in Benghazi, that resulted in the death of Ambassador Christopher Stevens and three other Americans.

“He’s been a national figure pretty much since he has been in Congress,” Spillane said. “He was of the people most vocal on Benghazi. He has been a national foil to Obama and Hillary Clinton. He was a major statewide figure in terms of funding the recall that allowed Arnold Schwarzenegger to be elected. He has been a major figure in San Diego County politics for more than two decades. He’s an important member of Congress.

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“It is a loss for California Republicans in terms of our congressional delegation,” Spillane said. “It’s a loss for national Republicans in terms of losing a significant figure in the Republican caucus.”

Issa’s move was prompted by the reconfiguration of his congressional district under Proposition 50, a redistricting plan voters passed in November to counter President Trump’s efforts to push GOP-led states to redraw their congressional lines to favor Republicans.

“Rep. Issa is unfortunately a victim of his own inaction,” said Paul Mitchell, the Democratic strategist who drew the new congressional districts voters approved in November that made Issa’s reelection prospects shaky. “Privately all the California Republican incumbents knew it was a mistake, and yet the veterans with all the chairmanships and power didn’t speak out.”

Issa wasn’t the only Republican member of California’s congressional delegation whose reelection plans shifted on Friday because of Proposition 50.

Rep. Kevin Kiley (R-Roseville) made a surprise announcement Friday evening that he would run for reelection as an independent candidate.

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Voter-approved redistricting last year fractured Kiley’s huge Northern California district into six pieces. Earlier this week he announced he would run in the district that includes his hometown and other Sacramento-area suburbs but has a nine-point Democratic voter registration advantage.

Kiley described his decision to run as a no party preference candidate as a way to “fight back and protect our democracy” from “partisan games.”

“It is no secret I’ve been frustrated, at times disgusted, by the hyper-partisanship in Congress. In the last year it’s led to the longest government shutdown in U.S. history, a massive increase in healthcare costs, and of course, a pointless redistricting war,” Kiley wrote on the social media site X.

Shortly after Issa announced his retirement Friday evening, Democrats were quick to celebrate and boast about the party’s prospects of winning the seat and increasing its ranks in California’s congressional delegation.

“After over two decades of disastrous representation, Darrell Issa is once again running for the exits — and good riddance,” said Anna Elsasser, spokesperson for the Democratic Congressional Campaign Committee. “Issa abandoning his voters now is the clearest sign yet that Republicans know he can’t win on his record of skyrocketing prices, gutting healthcare, and looking out for himself and wealthy special interests above all else.”

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Issa endorsed San Diego County Supervisor Jim Desmond to replace him. His supervisorial districts includes more than a quarter of the new district.

Desmond has been running in a neighboring congressional district that straddles Orange and San Diego counties that is currently represented by Rep. Mike Levin (D-San Juan Capistrano). Though the Levin district has been considered competitive, Proposition 50 made it more safely Democratic. Desmond withdrew from that race and filed to run in Issa’s district on Thursday, according to the San Diego County registrar of voters.

Issa, 72, has represented various San Diego-area districts in Congress for 23 years. Issa’s once solidly Republican district had been trending more moderate in recent years.

Democratic registered voters outnumber Republicans by more than four percentage points in Issa’s new district, which spans San Diego and Riverside counties and was reshaped to include liberal communities such as Palm Springs, according to the nonpartisan California Target Book. Issa’s current congressional district had a 12-percentage-point GOP edge in voter registration in 2024.
As soon as the new districts were approved, speculation began swirling about Issa‘s reelection plans. Some of his supporters in Texas urged him to move there to run in a GOP-friendly Dallas-area district, but he said in December that he declined and would instead seek reelection in California.

“I believe that the people of San Diego County, who have elected me so many times, will, in fact, regardless of registration, vote for me,” Issa told the Fox affiliate in San Diego in December. “This is my home, and I’m going to fight for it.”

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Several Democrats had already announced plans to challenge Issa, including San Diego City Council member Marni Lynn von Wilpert and repeat candidate Ammar Campa-Najar.

Issa, a high school dropout and Army veteran, made his fortune by purchasing a struggling electronics business in 1980 and transforming it into the Viper car alarm system, with Issa’s voice warning potential thieves to “stand back.”

Times staff writer Nicole Nixon contributed to this report.

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