Advocates for domestic violence survivors are worried that a controversial federal court ruling striking down a gun control measure will discourage victims from coming forward.
Earlier this month, the 5th US Circuit Court of Appeals said that those under domestic violence restraining orders have a Second Amendment right to bear arms, saying a federal law barring those alleged abusers from possessing guns is unconstitutional.
The risk of homicide in a domestic violence situation increases by 500% if a gun is present, according to research cited by the National Coalition Against Domestic Violence.
Though some of the states covered by the appeals court have similar state law restrictions, the new ruling undermines a crucial tool that survivors have in protecting themselves from their abusers. If the 5th Circuit’s logic was adopted nationwide by the US Supreme Court, the consequences would be devastating, advocates say.
“People are going to know that their abuser still has their gun. They’re going continue to live in absolute, abject fear,” said Heather Bellino, the CEO of the Texas Advocacy Project, which works with victims of domestic violence. “They are going to be afraid to get a protective order, because now that gun’s not going away, and now [the abuser is] real pissed. So, it’s going to have an absolute chilling effect on survivors.”
Guns are used to commit nearly two-thirds of intimate partner homicides, the Centers for Disease Control and Prevention has said. A 2021 study found that the majority of mass shootings are also linked to domestic violence.
“There’s a clear connection between intimate partner homicide and the accessibility of firearms,” said Kelly Roskam, director of law and policy at the Johns Hopkins Center for Gun Violence Solutions. “And not just to murder partners, but abusers use guns or even…
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