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Friday, September 20, 2024

Supreme Court upholds firearm restrictions for domestic abusers

State AG
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Attorney General Rob Bonta | Facebook Website

California Attorney General Rob Bonta released a statement following the Supreme Court's decision in United States v. Rahimi, which reversed a lower court ruling that would have allowed domestic violence abusers access to firearms. The case involved a federal law prohibiting individuals subject to Domestic Violence Restraining Orders (DVROs) from possessing guns. The Fifth Circuit Court of Appeals had previously vacated the criminal conviction of a defendant who unlawfully possessed a firearm while under a DVRO issued by a Texas state court for assaulting his ex-girlfriend.

"This is an important victory for public safety and for survivors of domestic violence nationwide," said Attorney General Bonta. "Disarming violent and dangerous individuals is a cornerstone of public safety. Many people’s lives and safety rely on efforts to keep guns out of the hands of people engaged in violent and abusive conduct. Laws prohibiting individuals subject to Domestic Violence Restraining Orders from possessing firearms are a critical tool for preventing shootings and other serious harms. These laws have played a critical role in reducing gun violence in California, and they empower survivors to build lives free from terror and abuse. Today the Supreme Court rightly held that these laws are constitutional. In California, we will continue to prioritize efforts to defend and implement policies that protect survivors from gun violence."

Attorney General Bonta joined 25 attorneys general in submitting an amicus brief urging the Supreme Court to reverse the Fifth Circuit decision and uphold the federal law barring firearm access by individuals under DVROs.

In November 2023, the California Department of Justice’s Office of Gun Violence Prevention issued a data report detailing the link between domestic violence and gun violence, documenting long-term progress in reducing such incidents in California, as well as challenges faced during the COVID-19 pandemic. The report highlighted efforts to protect domestic violence survivors through support services, crisis intervention, safety planning options, and protections via DVROs.

For Gun Violence Awareness Day in June 2024, the Office published "Pathways to Safety: California’s Nine Court Protection Orders to Prevent Gun Violence," an extensive guide on protection order processes available in California. These processes enable survivors or others acting on their behalf to obtain court-issued safety protections against those who engage in violent or abusive conduct or pose significant danger.

California's nine protection order processes include DVROs, Civil Harassment Restraining Orders, Criminal Protective Orders, Elder or Dependent Adult Abuse Restraining Orders, Gun Violence Restraining Orders, Emergency Protective Orders, Juvenile Restraining Orders, Postsecondary School Violence Restraining Orders, and Workplace Violence Restraining Orders. State and federal laws also mandate enforcement of protection orders issued by out-of-state and tribal courts.

A copy of the opinion can be found here.

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