Articles

It’s 2022 and Domestic Violence has Officially Entered the Firearms Chat. Is This Really a Surprise? 

Published by: Christina M. Jones, Esq.

Back in June, BWJP sounded the alarm that the Supreme Court was opening the door to allow domestic violence abusers access to firearms.  

Last week, a federal court in Texas decided that domestic violence offenders should have access to firearms because New York State Rifle Ass., Inc. v. Bruen requires that courts consider the historical context when examining firearms restrictions. The court based its reasoning on the fact that historically domestic violence was punished by religious organizations and not courts. Domestic violence offenders were punished more by taking their liquor away than their guns.i Historically the government did not take guns away from domestic violence abusers until the Violence Against Women Act of 1994.  

Other things that were not historically punished… hate crimes, marital rape, and forced child labor.  

It is ludicrous for Courts to gamble the lives of women on whether something was illegal when the vast majority of the country lacked electricity and indoor plumbing. Nearly one million women alive today report being shot or shot at by an intimate partner.ii Firearms are used to commit more than half of all intimate partner homicides in the United States.iii  Sixty-five percent of all murder-suicides involve an intimate partner.iv 

BWJP’s National Resource Center on Domestic Violence and Firearms and BWJP’s National Center on Protection Orders and Full Faith & Credit work hard to make sure attorneys, judges, advocates, and other systems professionals understand the importance of disarming domestic violence offenders. The aftershocks of the Bruen decision are currently being felt and have far-reaching effects on domestic violence victims, and on all our communities.  

We are outraged by this decision and stand by all of the systems professionals who are doing the work on the ground to protect survivors from being murdered and/or threatened by abusers with firearms. The unfortunate reality is more and more litigants will use this argument to give guns to abusers at the expense of battered women. As these cases move through the courts, BWJP will continue to use our platform by hosting webinars, providing research and resources as well as co-authoring amicus briefs. BWJP will advocate for survivors of gender-based violence to be safe from domestic violence offenders.   
 

TAGS: #Firearms #News #Protection Orders

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