Survival of the Social Interest: Redefining the Bruen Standard to Protect Women from Violence Through United States v. Rahimi

Authors

Katelyn M. Sundstrom

Author Details

Katelyn M. Sundstrom is 2024-2025 Article Editor of Lewis & Clark Law Review.

First Page

213

Abstract

This Note explores the intersection of gun rights and gender-based violence within the U.S. legal system. It delves into the pervasive issue of domestic violence and explores the 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which rejected the use of “interest balancing” in evaluating gun regulations in favor of a purely historical and traditional approach. This shift placed significant legal scrutiny on existing firearm restrictions, including 18 U.S.C. § 922(g)(8), which prohibits individuals subject to domestic violence restraining orders from possessing firearms.

The analysis centers on the 2023 case United States v. Rahimi, where the Court assessed whether the firearm prohibition under § 922(g)(8) infringes on the Second Amendment rights of domestic abusers. This Note argues that while Bruen disallows social considerations in gun regulation, Rahimi reaffirms the need to disarm dangerous individuals, framing the decision as a potential model for how courts might balance historical precedent with contemporary social interests, such as protecting women from domestic abuse.

Through an examination of legislative history, Second Amendment jurisprudence, and the complexities of applying historical tests, this Note concludes that Rahimi provides a path forward for integrating historical and traditional social interests—like protecting women from domestic violence—within constitutional frameworks for gun regulation.

Recommended Citation

Katelyn M. Sundstrom, Survival of the Social Interest: Redefining the Bruen Standard to Protect Women from Violence Through United States v. Rahimi, 1 Lewis & Clark L. Rev. 213 (2025).
Available at: https://lawcommons.lclark.edu/lclr/vol29/iss1/6