The Troubling Case of Zackey Rahimi and the Second Amendment

An Introduction to the Case

When detectives went looking for Zackey Rahimi at his family home in Kennedale, Texas, on Jan. 14, 2021, they didn’t find him. Rahimi, whom authorities suspected was a drug dealer who had been involved in a handful of recent shootings, had already been arrested on charges of aggravated assault with a firearm in a separate case out of nearby Fort Worth.

The Discovery of Illegal Firearms

On the nightstand in his empty bedroom, the officers found a loaded .45 caliber Glock with a 24-round extended magazine. Under the bed, they found a .308 semi-automatic rifle loaded with 16 rounds lying in an open box. And in his dresser, they found a protective order for domestic abuse, which stripped him of the right to possess either of the guns. Violating the provision is a federal crime.

The Criminal Complaint and Conviction

The detectives passed the information to an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, who filed a criminal complaint in federal court the next day. It seemed likely to be an open-and-shut case. A few months later, Rahimi pleaded guilty and was sentenced to six years in federal prison.

The Overturning of Conviction

But in the wake of the Supreme Court’s sweeping reinterpretation of the Second Amendment last year, the 5th U.S. Circuit Court of Appeals overturned Rahimi’s conviction, ruling that the law barring domestic abusers from keeping guns unconstitutionally violates their right to bear arms. The ruling dealt a heavy blow to those working to protect people from abusers.

The Extensive Allegations Against Rahimi

Many perpetrators of domestic abuse have clean criminal records and no other allegations of violence. Rahimi, by contrast, has an extensive list of allegations against him involving guns and violence, some of which have not been previously reported.

The Impact of the Supreme Court’s Decision

For the courts to conclude that his right to a gun deserves more urgent protection than the woman who asked a judge to keep her and her child safe raises the chilling prospect that it could become all but impossible to take guns from any abuser. For now, the ruling only applies in the states of the 5th Circuit: Texas, Mississippi, and Louisiana. But the Supreme Court on Friday agreed to review the case, turning Rahimi into one of the most closely watched tests for how far the conservative court will expand gun rights.

Rahimi’s History of Violence

Rahimi is currently locked up at Green Bay Jail in Fort Worth. Grand juries have indicted him for aggravated assault with a firearm against three people, for recklessly shooting into an occupied home, and for felony possession of fentanyl. Court filings and police records describe a violent drug dealer who threatened to shoot at least two women with firearms and repeatedly opened fire in public.

The Protective Order and Violations

In February 2020, a judge issued a protective order meant to keep Rahimi’s former girlfriend and their child safe after an incident in which Rahimi allegedly hurled her to the ground by the wrist in a parking lot, dragged her to a car, and shoved her inside, banging her head on the dashboard in the process. He then allegedly grabbed a gun and shot at a bystander who witnessed the interaction. Rahimi violated that protective order at least twice, according to federal court records.

The Supreme Court’s New Second Amendment Standard

The Supreme Court’s ruling in New York State Rifle & Pistol Association Inc. v. Bruen last year overturned a century-year-old law banning people from carrying a handgun without a license. The decision announced a new standard for judging the constitutionality of firearm restrictions, fundamentally reshaping gun law and leaving the government with less wiggle room to limit gun violence.

The Uncertainty and Future Impact

With a hazy time frame and unclear definition of what amounts to a “historical tradition,” the Supreme Court’s new Second Amendment standard has caused uncertainty. Lower courts are now hearing cases that question the constitutionality of gun laws, like the one that led to Zackey Rahimi’s overturned conviction. The Supreme Court’s upcoming review of Rahimi’s case will provide insight into how far the conservative court will expand gun rights.