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Friday, September 20, 2024

Supreme Court upholds federal law barring domestic abusers from possessing firearms

State AG
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Attorney General Letitia James | Ballotpedia

New York Attorney General Letitia James issued a statement following the United States Supreme Court's decision in United States v. Rahimi, which reversed the U.S. Court of Appeals for the Fifth Circuit’s ruling that a federal law prohibiting individuals under a domestic violence restraining order from accessing guns violates the Second Amendment. The case centered on Zackey Rahimi, who was barred from possessing firearms due to a domestic violence restraining order after assaulting his girlfriend. Rahimi was later involved in multiple shootings and indicted for firearm possession while under the restraining order. The Supreme Court's decision upholds the federal law preventing domestic abusers from legally accessing firearms.

"Gun safety laws save lives. I am pleased with the U.S. Supreme Court’s decision to uphold the federal law that stops domestic abusers from legally possessing firearms," stated Attorney General James. "This law, and similar statutes established in nearly every American state and territory, help protect vulnerable people and keep guns out of dangerous hands."

Attorney General James emphasized her commitment to removing guns from New York streets and protecting residents from gun violence: "I am proud of the work my fellow attorneys general and I did to stand up for this federal law and to protect commonsense guardrails when it comes to gun safety."

As part of a coalition of 25 attorneys general, Attorney General James submitted an amicus brief arguing that overturning the existing federal law would hinder efforts to protect survivors of domestic abuse. The coalition highlighted studies showing that an abuser is five times more likely to murder an intimate partner if a firearm is present in the home.

The coalition also noted that 46 states, along with Washington D.C., and multiple territories have laws restricting firearm access for those under domestic violence restraining orders. They argued that striking down these protections could negatively impact existing laws designed to safeguard lives.

Additionally, they pointed out that 80 percent of homicide victims related to intimate partner violence are women, with pregnant women and women of color being disproportionately affected.

Attorney General James has been active in addressing gun violence both within New York and nationwide. In April 2024, she dismantled gun trafficking operations selling ghost guns in Central New York. In March 2024, she secured a $7.8 million judgment against Indie Guns for illegally selling ghost gun components in New York. Other actions include defending Delaware’s ban on assault weapons and large capacity magazines in August 2023, suing a gun accessory manufacturer linked to the Buffalo mass shooting in May 2023, and obtaining court orders banning ten distributors from selling ghost gun parts into New York in March 2023.

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