Domestic Violence Has New Ruling
Citizens with domestic violence restraining orders have a constitutional right to own firearms. The U.S. Circuit Court of appeals ruled yesterday the new law “embodies salutary policy goals meant to protect vulnerable people in our society.”
In addition, the circuit believed the new law could not stand under the Bruen test. “Through that lens, we conclude that (the law’s) ban on possession of firearms is an ‘outlier’ that our ancestors would have never accepted,” says the 5th circuit.
The ruling stemmed from an important case in 2021. A rifle and a pistol were found in the home of a Texas man, who was the subject to a restraining order. The court banned him not to have guns afterwards. The case ruled him guilty of his charges until he challenged the indictment. He stated that the law takes him away from Second Amendment right. The court ruled against his challenge at first. They believe that it is important to keep weapons out of the hands of people accused of domestic violence.
All beliefs changed last year when the Supreme Court went through New York State Rifle & Pistol Association v. Bruen. The case ruled New York’s law to have a license for a concealed weapon in public places is unconstitutional. The shock of the verdict derives from new standards that expounds on the Second Amendment. Sort of an out with the old, in with the new way with “the Nation’s historic tradition.”
Judges Cory Wilson, James Ho, and Edith Jones had a strong lead on the new ruling. Former president Donald Trump nominated Wilson and Ho, while former president Ronald Reagan nominated Jones.
Responses to the ruling have been cringey for some who see a higher risk of danger. The founder of Moms Demand Action, Shannon Watts, tweeted, “Given that domestic violence is often a precursor to gun violence, this ruling is a death sentence for women and families in the U.S.” Only one can imagine what the statistics of domestic violence situations will be with the new ruling.
Featured Image by Rogelio V Solis/AP