What was the ruling?
On June 21, 2024, the US Supreme Court held that “when an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.”
In effect, individuals subject to domestic violence protective orders do not have a constitutional right to possess guns.
There is no historical precedent that allows people who posed a danger to others to be allowed to have guns. The court points to the surety and armed laws for their reasoning. These laws said that when an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed.
Our current federal law (Section 922(g)(8)) also has a similar type of temporary restriction for firearm possession and would enforce similar punishments such as imprisonment and disarmament. This ruling is consistent with the Nation’s history and tradition. The tradition of firearm regulation differentiates citizens who have been found to pose a credible threat to the physical safety of others from those who have not.
Why is it important?
Research shows that the presence of a firearm in a domestic violence situation increases the risk of homicide by 500% for women. Over 50% of women murdered in the U.S. are killed by a current or former intimate partner. Guns are often the weapon used in these acts of violence.
This ruling is a huge step in helping reduce the number of survivors whose abuse escalates into lethal violence. This holding ensures that domestic violence survivors are protected from the continued threat of gun violence without having to seek criminal prosecution. Quite simply, this decision will save lives. Today the Supreme Court Justices recognized the vital link between gun control and domestic violence prevention.
Thank you to our fellow advocates who worked tirelessly to raise awareness and understanding of this case. Together, we can continue to build a safer, more just society for everyone.
