SCOTUS Ruling in Rahimi Case Upholds Protections for Domestic Violence Survivors, BWJP Experts Celebrate
June 21 2024 - 2:52PM
Business Wire
BWJP Advocates Applaud Supreme Court Decision
to Maintain Gun Control Law Safeguarding Domestic Violence
Survivors
In a landmark 8-1 decision, the Supreme Court of the United
States (SCOTUS) has upheld a significant gun control law, prompting
widespread relief and celebration among domestic violence experts
and advocates. The ruling has been heralded as a crucial victory
for the safety and well-being of domestic violence survivors
nationwide.
The U.S. v. Rahimi case centered on the constitutionality of
barring individuals with domestic violence protection orders from
accessing firearms. In a closely watched decision, the Court ruled
that such restrictions are consistent with the Second Amendment,
thereby preserving critical protections for survivors.
In a decision authored by Chief Justice Roberts, the Court held
that “An individual found by a court to pose a credible threat to
the physical safety of another may be temporarily disarmed
consistent with the Second Amendment.” In a welcome narrowing of
previous holdings, the ruling emphasized that “the [Second
Amendment] right was not a right to keep and carry any weapon
whatsoever in any manner whatsoever and for whatever purpose,”
noting that “From the earliest days of the common law, firearm
regulations have included provisions barring people from misusing
weapons to harm or menace others.”
Specifically, the Court held that the federal statute that
prohibits individuals subject to a domestic violence restraining
order from possessing a firearm is Constitutional on its face.
Because the law applies only to those found by a court to pose “a
credible threat to the physical safety of another,” and the
restriction is limited to the time that the restraining order is in
place, the Court had “no trouble concluding” that the statute
survives Rahimi’s challenge to its Constitutionality.
This ruling has been met with resounding approval from domestic
violence prevention organizations and legal experts. The Battered
Women’s Justice Project (BWJP) has been particularly vocal,
expressing profound appreciation for the decision that underscores
the Court's commitment to protecting the vulnerable. BWJP experts
assert that this ruling reinforces essential protections for
domestic violence survivors and helps to prevent a significant rise
in fatalities.
“We are immensely relieved and encouraged by this decision,”
said BWJP CEO Amy Sánchez. “Protection orders are a vital tool in
safeguarding survivors of domestic violence. Upholding the
restriction on firearm access for abusers ensures that these
protective measures remain effective and that survivors are not
placed at greater risk.”
Statistics have long demonstrated a chilling link between
firearm access and domestic violence fatalities. Research shows the
presence of a gun where domestic violence is perpetrated increases
the risk of homicide by five times. BWJP believes that the SCOTUS
ruling will help mitigate this alarming statistic, making it more
difficult for abusers to inflict lethal harm by prohibiting their
access to guns.
Survivor advocates also highlight the broader societal benefits
of the decision. “This ruling sends a powerful message,” stated
Jennifer Becker, Director of the National Center on Gun Violence in
Relationships at BWJP. “Today’s ruling affirms that the lives and
safety of survivors are paramount and that their protection takes
precedence over the abuser’s ability to access firearms. We urge
lawmakers to continue strengthening protections for domestic
violence survivors.”
The decision has garnered widespread support from legislators
and advocacy groups. “We cannot relax our efforts; we must remain
vigilant in protecting the most vulnerable members of our society,”
said Christina Jones, Chief Executive of External Relations at
BWJP. “Thirty years ago, Congress enacted legislation to ensure
that individuals with a history of domestic violence cannot access
firearms, and today, that commitment has been upheld.”
Domestic violence is not confined to the four walls of a home;
it impacts the entire community. Over half of all mass shootings
are related to domestic violence. We must support laws that protect
survivors, communities, and first responders when addressing
domestic violence incidents.
As the nation celebrates this pivotal SCOTUS ruling, domestic
violence prevention organizations are redoubling their efforts to
support survivors. The BWJP and other advocacy groups are calling
for increased funding for shelters, legal aid, and counseling
services to help protect those at risk. Reach out to BWJP if you
need resources and assistance. Get involved in your local politics.
Contact your local officials to support lifesaving legislation that
helps keep survivors safe and support your local domestic violence
shelter and volunteer.
In the wake of the Rahimi decision, the safety of countless
domestic violence survivors is reinforced. As legal and political
battles continue, we at BWJP remain resolute in our mission to
safeguard the lives of those vulnerable to abuse. “We will continue
to fight for the rights and safety of survivors,” said Sánchez.
“Their lives depend on it.”
About BWJP
BWJP is the national non-profit leader at the intersection of
gender-based violence (GBV) and the law. BWJP is organized as a
dynamic collection of national policy and practice centers which
provide support, education, best practice, and innovation to
advocates, systems professionals, community leaders, and policy
experts. BWJP works with jurisdictions across the country to
improve access to systems while paying attention to not causing
further harm and injustice to historically marginalized
communities. BWJP will continue this critical work to inform and
keep survivors safe while supporting thriving families and
communities. Find out more about BWJP at bwjp.org.
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Sara Wong sjendruschwong@sunwestpr.com Pio del Castillo
piodelcastillo@sunwestpr.com