The Supreme Court Could Soon Let Trump Buy All the Guns He Wants
Trump is currently prohibited from buying guns because he’s under criminal indictment. But two big court cases could change that.
While making a campaign stop at a South Carolina gun store on Monday, former president Donald Trump, who is currently facing 91 federal and state indictments, apparently bought a Glock handgun with his face emblazoned on it.
I say “apparently” because video of him at the store only shows Trump making an offhand inquiry about buying the gun. Adding to the confusion, while the video was initially posted by Trump campaign spokesperson Steven Cheung with the caption “President Trump purchases a @GlockINC in South Carolina!” Cheung later deleted his tweet and the campaign told reporters that no gun had actually been bought.
From a political perspective, one can see why Trump’s team would want to suggest that Trump is packing, regardless of whether or not he actually bought the gaudy hand-cannon (or whether the campaign is telling journalists he didn’t, since the MAGA mob never believes journalists anyway). But I’m skeptical that Trump bought the gun because… he can’t. Trump is under numerous federal indictments, and current federal law prohibits such individuals from purchasing firearms.
However, that law is under direct attack by Republican judges through the federal judiciary, and the conservative legal-industrial complex. Trump can’t buy a gun today without catching (yet another) criminal indictment, but if he waits until next June, he, and every indicted person in the country, might well have an opportunity to arm themselves for whatever reasons they deem fit.
The case that puts this prohibition into question is called US v. Quiroz. The defendant in the case, Jose Gomez Quiroz, purchased an M1911 .22 caliber semiautomatic handgun while he was under federal indictment for burglary. He was convicted for the illegal purchase but challenged the verdict, saying that it violated his Second Amendment rights. US District Judge David Counts, a Trump appointee, ruled in favor of Quiroz. Counts said that in light of the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (which ruled that even gun registration was a violation of the Second Amendment), the federal government no longer had the authority to restrict gun sales to those under indictment.
The Quiroz case is up for appeal at the US Court of Appeals for the Fifth Circuit, the most rabidly conservative court in the country. The Fifth Circuit could easily uphold Counts’s ruling. If it does, that case will almost certainly be appealed to the Supreme Court.
But Trump likely won’t even have to wait that long if he desperately wants to get his tiny hands on a compensation device. That’s because the Supreme Court is already scheduled to hear a separate case called US v. Rahimi, on November 7 of this year. That case is slightly different from the Quiroz case. There, the defendant, Zachary Rahimi, was under a restraining order for domestic abuse. Federal law also prohibits people under restraining orders from buying guns. Rahimi challenged the law, again under the Second Amendment. The Fifth Circuit ruled in his favor, and now the Supreme Court will weigh in.
The progressive in me is contractually obligated to tell you that Quiroz—and, if he wants to test these laws, Donald Trump—has a stronger case than Rahimi. A restraining order is not a mere accusation: It is a ruling issued by a judge and comes with all the due process rights associated with a legal adjudication. In contrast, an indictment is just a charge. I could argue that people shouldn’t have fundamental rights taken away from them based on a mere accusation from the government.
Of course, when I think of “fundamental rights,” I think of the right to vote and participate in democracy. I don’t think of the right to murder people who are bothering you as one of our most critical rights, and I do not think that the Constitution is a murder-suicide pact. Keeping guns out of the hands of felons or potential felons is a wise and safe policy goal that would be easy to achieve in a less violent country than ours. But I’m not a Republican. For conservatives, the Constitution consists of the sacrosanct Second Amendment and then a bunch of suggestions.
The Supreme Court could well uphold Rahimi’s right to bear arms to menace his ex-girlfriends. And if the court rules for him in a sweeping fashion, it will likely do so in a way that benefits Quiroz as well. The next phase of the conservative plan to turn America into a post-apocalyptic hellscape seems to be to rearm anybody who has had their guns taken away because of their actions or crimes.
The upshot is this: If Trump did buy a gun in South Carolina, it’s just another crime he will likely get away with. I guess I would encourage people to wear bulletproof vests on Fifth Avenue next summer, because the Supreme Court could soon make it a whole lot easier for Trump to test out his theories about whom he can shoot without consequences.
We cannot back down
We now confront a second Trump presidency.
There’s not a moment to lose. We must harness our fears, our grief, and yes, our anger, to resist the dangerous policies Donald Trump will unleash on our country. We rededicate ourselves to our role as journalists and writers of principle and conscience.
Today, we also steel ourselves for the fight ahead. It will demand a fearless spirit, an informed mind, wise analysis, and humane resistance. We face the enactment of Project 2025, a far-right supreme court, political authoritarianism, increasing inequality and record homelessness, a looming climate crisis, and conflicts abroad. The Nation will expose and propose, nurture investigative reporting, and stand together as a community to keep hope and possibility alive. The Nation’s work will continue—as it has in good and not-so-good times—to develop alternative ideas and visions, to deepen our mission of truth-telling and deep reporting, and to further solidarity in a nation divided.
Armed with a remarkable 160 years of bold, independent journalism, our mandate today remains the same as when abolitionists first founded The Nation—to uphold the principles of democracy and freedom, serve as a beacon through the darkest days of resistance, and to envision and struggle for a brighter future.
The day is dark, the forces arrayed are tenacious, but as the late Nation editorial board member Toni Morrison wrote “No! This is precisely the time when artists go to work. There is no time for despair, no place for self-pity, no need for silence, no room for fear. We speak, we write, we do language. That is how civilizations heal.”
I urge you to stand with The Nation and donate today.
Onwards,
Katrina vanden Heuvel
Editorial Director and Publisher, The Nation
More from The Nation
The Red Wave Didn't Hit State Houses in This Election The Red Wave Didn't Hit State Houses in This Election
State-level Democrats largely held their ground, even scoring key victories in battleground states—and under Trump, that's going to matter.
How Nominally Pro-Choice RFK Jr. Can Get Anti-Abortion Groups to Back His HHS Nomination How Nominally Pro-Choice RFK Jr. Can Get Anti-Abortion Groups to Back His HHS Nomination
He can pick a strident abortion opponent like Roger Severino, who wrote the Project 2025 chapter on HHS, as his number two.
Red Flags Red Flags
The result of the presidential election reflects individual and collective responsibility.
How Loyalty Trumps Qualification in Trump Universe How Loyalty Trumps Qualification in Trump Universe
Meet “first buddy” Elon Musk.
Bury the #Resistance, Once and For All Bury the #Resistance, Once and For All
It had a bad run, and now it’s over. Let’s move on and find a new way to fight the right.
Trans People Shouldn’t Be Scapegoated for Democrats’ Failures Trans People Shouldn’t Be Scapegoated for Democrats’ Failures
Politicians and pundits are stoking a backlash to trans rights in the wake of the election. They’re playing a dangerous game.