Gun control groups hail Supreme Court decision upholding gun ban for domestic abusers (2024)

Gun control advocates and domestic abuse victims' rights groups on Friday praised a U.S. Supreme Court ruling upholding a federal ban on people under domestic violence restraining orders from owning guns.

The 8-1 decision in U.S. v. Rahimi, which ruled that federal and state laws that prevent domestic abusers from temporarily owning a firearm do not violate the Second Amendment, came after several decisions by the conservative-leaning court in the last two years that have scaled back gun control laws.

Janet Carter, senior director of issues and appeals at the gun control non-profit Everytown Law, said in a statement that the ruling was a step in the right direction but more work needs to be done to prevent gun violence.

"Our country has stood at a tipping point, with the safety of survivors of domestic violence on the line. But today, we took a step toward protecting millions from their abusers," she said in a statement.

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MORE: Supreme Court says domestic abusers can be temporarily disarmed

La’Shea Cretain, an Everytown volunteer, told ABC News she knows the decision will go a long way after she survived a violent encounter with her ex-boyfriend, a case profiled by ABC News.

The five bullets that put Cretain in a coma are still inside her body.

MORE: Shot 5 times, domestic abuse survivor implores Supreme Court to uphold gun ban

"It's going to affect so many children from witnessing their mothers, fathers, grandparents or friends or anyone, experiencing gun violence, at the hands of abusers,” Cretain told ABC News.

Gun control groups hail Supreme Court decision upholding gun ban for domestic abusers (1)

Certain added that the court showed that they listened to survivors' experiences.

"They listened to us. Because it's not a day, a minute, our second, but we don't think about it. We don't feel the pain. But we have to continue to go on in spite of it all," she said.

Former Arizona Democratic Rep. Gabrielle Giffords, who survived a shooting in 2011 and now heads the Giffords Law Center to Prevent Gun Violence, echoed that statement.

Her organization noted that women in the United States are 21 times more likely to die from a firearm than women in other high-income countries.

"This is a win for women, children, and anyone who has experienced domestic abuse. Women should be able to live their lives free from the fear of gun violence," Giffords said in a statement.

Although gun control advocates contend the decision could pave the way for similar laws and firearms restrictions against dangerous individuals, one of the nation's most prominent gun rights groups argued that the Supreme Court's decision is narrow.

Randy Kozuch, executive director of the National Rifle Association, said in a post on X Friday, that the decision "holds only that an individual who poses a clear threat of violence may be temporarily disarmed after a judicial finding of dangerousness." The NRA has been vocal against red flag laws passed in several states which allow people or law enforcement the right to petition a court to have a person's firearms removed if they pose a threat to others or themselves.

Gun control groups hail Supreme Court decision upholding gun ban for domestic abusers (2)

"The Supreme Court's narrow opinion offers no endorsem*nt of red flag laws or of the dozens of other unconstitutional laws that the NRA is challenging across the country that burden the right of peaceable Americans to keep and bear arms," Kozuch said.

Kelly Roskam, director of law and policy at the Johns Hopkins Center for Gun Violence Solutions, said in a statement that research has shown that armed domestic abusers are not just a threat to their significant other but to the general public.

"It also shows that laws prohibiting these individuals from having firearms are effective at reducing intimate partner homicide. It is imperative that we be able to continue to do so," she said in a statement.

Gun control groups hail Supreme Court decision upholding gun ban for domestic abusers (3)

President Joe Biden, a staunch gun control advocate, vowed to continue to advocate for laws and policies that prevent arming domestic violence suspects.

MORE: 'Red flag' laws can help reduce gun violence, if more widely used: Experts

Biden noted that Congress and his office have pushed forward policies to prevent shootings in domestic violence cases citing the Violence Against Women Act of 1994, which he helped pass during his time in the U.S. Senate, and the recent Bipartisan Safer Communities Act that narrowed the so-called “boyfriend loophole” so that dating partners convicted of domestic violence cannot buy a firearm.

"No one who has been abused should have to worry about their abuser getting a gun. As a result of today’s ruling, survivors of domestic violence and their families will still be able to count on critical protections, just as they have for the past three decades," he said in a statement.

ABC News' Devin Dwyer contributed to this report.

Gun control groups hail Supreme Court decision upholding gun ban for domestic abusers originally appeared on abcnews.go.com

Gun control groups hail Supreme Court decision upholding gun ban for domestic abusers (2024)

FAQs

Gun control groups hail Supreme Court decision upholding gun ban for domestic abusers? ›

The NRA argued the ruling was "no endorsem*nt of red flag laws." Gun control advocates and domestic abuse victims' rights groups on Friday praised a U.S. Supreme Court ruling upholding a federal ban on people under domestic violence restraining orders from owning guns.

What was the Supreme Court ruling on guns today? ›

The Supreme Court on Friday upheld the federallaw making it a crime for anyone subject to a domestic violence court order to possess a gun. The 8-to-1 decision was the first since the court in 2022 broke sharply with the way gun laws had previously been evaluated by the courts.

What are some Supreme Court cases involving the 2nd Amendment? ›

Gun Rights Supreme Court Cases
  • Garland v. Cargill (2024) Author: Clarence Thomas. ...
  • New York State Rifle & Pistol Association, Inc. v. Bruen (2022) ...
  • McDonald v. City of Chicago (2010) ...
  • District of Columbia v. Heller (2008) ...
  • Lewis v. U.S. (1980) ...
  • U.S. v. Miller (1939) ...
  • Presser v. Illinois (1886) ...
  • U.S. v. Cruikshank (1876)

What is the Gun Control Act Lautenberg Amendment? ›

The Lautenberg Amendment makes it a felony for anyone convicted of a misdemeanor crime of domestic violence such as an assault or attempted assault on a family member, to ship, transport, possess, or receive firearms or ammunition.

Who is Rahimi in the Supreme Court? ›

SUPREME COURT OF THE UNITED STATES

Respondent Zackey Rahimi was indicted under 18 U. S. C. §922(g)(8), a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm.

What is the new gun rule for Biden? ›

Biden created the first-ever White House office of gun violence prevention and issued new rules that mean tens of thousands more firearms dealers across the United States will have to run background checks on buyers at gun shows or other places outside brick-and-mortar stores.

Does gun control violate the 2nd Amendment? ›

Since the Supreme Court ruled that citizens may keep a handgun at home for self-defense in District of Columbia v. Heller, courts across the country have reaffirmed that gun safety laws are constitutional and not in conflict with Second Amendment rights.

What was the Supreme Court decision on individual gun ownership? ›

In their first Second Amendment case since they expanded gun rights in 2022, the justices ruled 8-1 in favor of a 1994 ban on firearms for people under restraining orders to stay away from their spouses or partners.

Does the Second Amendment give you the right to own a gun? ›

The Court meticulously detailed the history and tradition of the Second Amendment at the time of the Constitutional Convention and proclaimed that the Second Amendment established an individual right for U.S. citizens to possess firearms.

What weapons are protected by the Second Amendment? ›

Heller, the Supreme Court held that the "Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."

What is the Spectre Amendment? ›

Meanwhile, in 2004, the Specter Amendment expanded the scope to include certain Iranian religious minorities experiencing heightened discrimination, arrests, and imprisonment. This comprised Jews, Armenian and Assyrian Christians, Baha'is, Sabaean-Mandaeans, and Zoroastrians.

What is the gun violence Prevention Act? ›

Banning assault weapons and high-capacity magazines; Requiring safe storage of firearms; Requiring background checks for all gun sales; Eliminating gun manufacturers' immunity from liability; and.

What is the Gun Control Act 18 USC 922? ›

Further, the GCA at 18 U.S.C. § 922(d) makes it unlawful to sell or otherwise dispose of firearms or ammunition to any person who is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.

Who is the boss of the Supreme Court? ›

The Honorable John G. Roberts, Jr., is the 17th Chief Justice of the United States, and there have been 104 Associate Justices in the Court's history.

Who replaced Brandeis on the Supreme Court? ›

Brandeis retired from the Court on February 13, 1939 and was replaced by Justice William O. Douglas. He died on October 5, 1941 in Washington, D.C. Brandeis is buried in Kentucky under the portico of the University of Louisville law school, one of many educational institutions that bears his name.

What did the Supreme Court rule in U.S. v. Rahimi? ›

What did the Supreme Court decide? On June 21, 2024, the Supreme Court ruled, in an 8 to 1 decision, that the federal law prohibiting domestic abusers subject to protective orders from possessing guns is constitutional under the Second Amendment.

Does the 2nd Amendment apply to all weapons? ›

And what that test says is, weapons that are in common use (1) by law-abiding citizens, (2) for lawful purposes get second amendment protection. So, weapons that are not in common use by law-abiding citizens for lawful purposes presumptively don't have constitutional protection.

Is the Second Amendment not an unlimited or individual right to own guns? ›

Scholars call this theory "the collective rights theory." A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a ...

Why is the right to bear arms important? ›

Our Constitution's framers affirmed our right to bear arms through the Second Amendment for an important reason; to provide Americans with means of protection and self-defense.

What Supreme Court case expanded the rights of those who carry guns? ›

Many of the gun law cases grow out of the Bruen decision. That high court ruling not only expanded Americans' gun rights under the Constitution but also changed the way courts are supposed to evaluate restrictions on firearms.

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