Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions.
in a separate case, in which U.S. District Judge David Counts of the Western District of Texas made a similar ruling in a case involving a man who was disarmed at a border checkpoint because of an active protective order against him.“I don’t think that the Fifth Circuit’s decision is an obviously incorrect reading of Justice Thomas’s majority opinion.
“Bruen requires a history-focused approach to the Second Amendment, but it also requires courts to recognize that ‘unprecedented societal concerns’ — like the elimination of domestic violence — demand a more nuanced approach to the historical inquiry,” Carter said. “The purpose of these ‘dangerousness’ laws was the preservation of political and social order, not the protection of an identified person from the specific threat posed by another,” the court wrote.
Hooper said that the decision is still very new and likely hasn’t trickled down to the level of awareness for people currently under protective orders. But she said there’s a real risk that, if the law is permanently struck down, it will become yet another way abusers will terrorize their victims.
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