In a landmark decision with far-reaching implications for domestic abuse prevention, the Supreme Court upheld a federal law that prohibits individuals subject to domestic abuse restraining orders from possessing firearms. The 8-1 ruling, announced on June 21, 2024, represents a significant victory for advocates of stricter gun control measures and a crucial step toward ensuring the safety of domestic abuse survivors.
The law in questions, originally passed in 1994 as part of the Violence Against Women Act (VAWA), was designed to address the alarming intersection of domestic and violence and gun violence. Research consistently demonstrates that the presence of a gun in a domestic violence situation dramatically increases the risk of homicide for the victim.
History of the Law
The VAWA, a bipartisan effort spearheaded by then-Senator Joe Biden, has been instrumental in combatting domestic violence and providing critical support services to survivors. The inclusion of the firearm prohibition within the VAWA marked a turning point in recognizing the unique dangers posed by firearms with respect to domestic abuse.
The law specifically targets individuals who have been found by a court of law to pose a credible threat to the physical safety of an intimate partner or family member. It prohibits these individuals from purchasing or possessing firearms, thereby removing a significant means of lethal violence from their reach.
Impact on Victims of Domestic/Sexual Violence
For survivors of domestic and sexual abuse, the Supreme Court decision is a huge affirmation of their right to safety and protection. By upholding the firearm prohibition, the Court recognizes the heightened risk faced by survivors when their abusers have access to guns. This decision has the potential to save countless lives by preventing firearm-related homicides and serious injuries in domestic violence situations.
“This is a major win and frankly a huge relief to victims of domestic violence and sexual assault,” said GOLDLAW’s Litigation Director, Spencer Kuvin, “Thankfully the Court took a common sense approach to making sure that violent individuals are not permitted to have dangerous weapons.’ Having represented countless victims of sexual assault and abuse against infamous predators such as Jeffrey Epstein, and Bill Cosby, Kuvin is well aware of the challenges faced by victims of domestic abuse.
Arguments For and Against Gun Control
The Supreme Court’s majority opinion, authored by Chief Justice John Roberts, emphasized the historical context of firearm regulation and the longstanding tradition of disarming individuals deemed to be dangerous. The Court concluded that the federal law’s prohibition on gun possession by domestic abusers aligns with these historical precedents and does not violate the Second Amendment’s right to bear arms.
In the lone dissenting opinion, Justice Clarence Thomas argued that the law infringes upon the Second Amendment rights of individuals subject to restraining orders. He expressed concerns about the potential for misuse of restraining orders and depriving individuals of constitutional rights without due process.
Looking Ahead at Gun Control
While the Supreme Court’s ruling is a major victory, the fight against domestic violence is far from over. Ongoing efforts to strengthen gun control measures expand support services for survivors, expand support services for survivors, and raise awareness about the issue remain critical. The decision serves as a powerful reminder that the safety of survivors must remain a top priority and that the legal system has a crucial role to play in preventing further tragedies.
