Eugene Volokh | 11.5.2024 12:35 PM

In U.S. v. Rahimi, the Supreme Court held that the law may forbid gun possession by people subject to harassment restraining orders, when the orders were entered based on a showing of actual violence or domestic violence. Sometimes, such orders contain gun restrictions even without such a violence-related showing (see, e.g., the restraining order in the Sarrita Adams case, PDF p. 43); that, I think, violates the Second Amendment.

But in K.G. v. E.G., decided Monday by California Court of Appeal Judge Kathleen O'Leary, joined by Justices Thomas Goethals and Joanne Motoike, the trial judge had denied a domestic violence restraining order, and still issued a gun surrender order.

Appellant and respondent were married in 2009 and had three children. Respondent filed for dissolution of the marriage in 2021. During the ensuing period, respondent made various allegations against appellant, including that he had molested the couple's young daughter. The parties nevertheless stipulated to joint legal and physical custody,........

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