SCOTUS keeps guns away from domestic abusers

A Supreme Court ruling handed down today, U.S. v. Rahimi, may serve to stem the tide of decisions over the past 16 years that have greatly expanded gun rights, as the Court ruled that guns may be taken away from people subject to restraining orders for domestic violence.

“Together, the [laws that were being challenged as too restrictive] confirm what common sense suggests: When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed,” Chief Justice John G Roberts Jr wrote for the 8-to-1 majority.

“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. Since the founding, our nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms.”

Here, the Texas law that allows guns to be taken away from domestic abusers or people who are subject to a restraining order for domestic violence has been upheld. It’s the status quo in this law, but the ruling signals a reasonable limit on how the government may impose restrictions on gun ownership.

In the world of official statistics, it can be challenging to connect restraining orders to incidents of domestic violence, as multiple agencies are involved, each tracking a different question about the data. Furthermore, most domestic abuse cases involve violence against intimate partners, though children are involved in some cases.

Older data (2011) from the National Survey of Children’s Exposure to Violence, reported by the US Department of Justice and the Centers for Disease Control and Prevention, shows that one in 15 children is exposed to intimate partner violence each year, and 90 percent of these children are eyewitnesses to this violence.

Source: Domestic Violence Services Network, help line: 888-399-6111

In Maryland and other states, the 2-1-1 hotline can serve as a resource for people in a domestic violence situation. Referral specialists are available 24/7/365 and can connect you to community resources for domestic and family violence, sexual assault, restraining or protective orders, human trafficking, child abuse or neglect, and adult abuse or neglect.