CNN
,
Domestic violence survivors’ advocates worried about a contentious federal court ruling ruling Eliminating gun control measures will discourage victims from coming forward.
Earlier this month, the 5th US Circuit Court of Appeals ruled that those under domestic violence restraining orders have a Second Amendment right to bear arms, saying a federal law preventing alleged abusers from owning guns is unconstitutional.
500% increased risk of homicide in a domestic violence situation if a gun is presentAccording to research cited by the National Coalition Against Domestic Violence,
Although some states covered by the appeals court have similar state law restrictions, the new decision undermines an important tool that survivors have in protecting themselves from their abusers. Advocates say that if the 5th Circuit’s reasoning were adopted nationwide by the US Supreme Court, the results would be disastrous.
“People are discovering that their abuser still has their gun. They will continue to live in utter, inexplicable fear,” said Heather Bellino, CEO of the Texas Advocacy Project, which works with victims of domestic violence. “They’re going to be scared of getting a protective order, because now that gun isn’t going away, and now [the abuser is] Real pissed off. So, it’s going to have an absolutely chilling effect on the survivors.
Guns are used in about two-thirds of intimate partner murders, The Centers for Disease Control and Prevention has said. A 2021 study Most mass shootings were also found to be linked to domestic violence.
“There is a clear correlation between intimate partner homicide and access to firearms,” said Kelly Roskam, director of law and policy at the Johns Hopkins Center for Gun Violence Solutions. “And not only to murder partners, but abusers use guns or even the appearance of a gun to intimidate, threaten, and terrorize their victims of all genders.”
The ruling only applies in the circuit — which includes Texas, Louisiana and Mississippi — and, for now, does not affect similar state laws that are on the books in two of those three states.
The Fifth Circuit held that the federal law was unconstitutional because it lacked a substantial parallel to the firearms regulations that existed at the creation of the Constitution. That Historic Trial Was Held in a Blockbuster US Supreme Court opinion last year This has since led lower courts to strike down a variety of state and federal gun restrictions across the country.
Attorney General Merrick Garland has indicated that the Justice Department will appeal the decision to the 5th Circuit.
The federal law in question was passed in 1996. Many states have similar prohibitions, though they, too, would be unconstitutional if the Supreme Court agrees with the 5th Circuit’s reasoning, according to Roskam.
Unlike some state laws that restrict access to firearms under a domestic violence protective order, federal law provides a specific method for forcing an alleged abuser to return his or her weapons after being placed under a protective order. Does not keep process. However, some local jurisdictions have used federal law to implement such procedures, according to Julia Weber, director of the National Center on Gun Violence in Relationships at the Battered Women’s Justice Project.
Advocates say this makes the federal law an important tool for urging survivors to leave their abusive situations, even though enforcement of the law has been inconsistent across the country.
“In Texas, it’s not easy to take someone’s gun … It shouldn’t be too easy,” Bellino said. “But we were always able to say, ‘Federal law trumps state law, so guess what? You’re going to get rid of your gun.’ And we’ve done that in as many cases as possible.”
According to experts and advocates who work directly with survivors, abusers may use guns to make explicit threats of violence against their victims and may also wield their weapons in low-key ways that create intimidation. Bullying has inherent functions.
Ruth Glenn, a domestic violence survivor who was shot by her estranged husband, recalled to CNN how just being aware that her abuser had a firearm horrified her — even then when he wasn’t actively running against her.
Glenn, who is now president of the National Coalition Against Domestic Violence, said, “The whole idea that there was always a threat and knowing that the firearm was there was such a control mechanism.”
Advocates say that when a victim decides to come forward and seek court intervention, it is a particularly vulnerable time for her, and victims feel safe when protective orders are in place to keep their abuser away and protect them. come with a two-pronged effect of deprivation. a deadly weapon.
“The time frame when they’re accessing that order of protection is very important,” said Monica McLaughlin, senior director of public policy at the National Network to End Domestic Violence. “So, the ability to remove firearms at that point, we think, is one of the most important components to survivor safety.”
In the short term, the 5th Circuit’s decision overturned the conviction of a defendant who challenged his prosecution under federal law. While this decision is in effect, federal prosecutors will be unable to bring charges under federal law within the circuit. Others who have been convicted under federal law within the 5th Circuit can also ask that courts overturn those convictions under appeals court rulings that the law is unconstitutional.
The 5th Circuit’s decision does not apply to states in other federal circuits. Nor does it prevent enforcement of state laws targeted at domestic abuse accusers in the 5th Circuit — though those laws may soon face court challenges citing the 5th Circuit’s opinion.
texas law bars Possession of a firearm is under a protective order but there is only limited mechanism to compel the surrender of a firearm – and only once a standing order is issued.
Prohibition of Louisiana Create a process for firearm removal once a permanent injunction is obtained against the abuser.
The third state within the circuit, Mississippi, no state law Restricting ownership of firearms by those under domestic violence protective orders, according to Disarm Domestic Violence, which tracks state and federal policy on the issue.
What happens next in the case could have wide-ranging consequences for domestic abuse victims. The case could potentially go before the Supreme Court, and if the high court adopts the 5th Circuit’s reasoning, it will take control nationwide.
“People have to make choices about whether they come forward and where to go for help,” said Weber of the Battered Women’s Justice Project. “And they’re not going to our courts, or reaching out to law enforcement, or maybe even reaching out to community-based organizations, if they don’t feel that the risks they’re living with will be taken seriously.” ”