Advocacy groups have warned of the grave danger posed by armed abusers, citing studies showing the presence of guns increases the chances of an abused intimate partner dying
U.S. Sen. Chris Murphy speaks as activists gather outside U.S. Supreme Court for a gun-control rally in Washington on Nov. 7.U.S. Supreme Court justices on Tuesday appeared inclined to uphold the legality of a federal law that makes it a crime for people under domestic violence restraining orders to have guns in the latest major case to test the willingness of its conservative majority to further expand gun rights.
Some of the conservative justices questioned the scope of the administration’s argument that, under the Second Amendment, people who are not law-abiding and responsible – categories that include domestic abusers – may be barred from possessing firearms. “I mean, not taking your recycling to the curb on Thursdays, if it’s a serious problem it’s irresponsible,” Roberts said, adding that “what seems irresponsible to some people might seem like, well, it’s not a big deal to others.” He also cited examples of a person who gets in a fist fight at a sports event or drives a small amount over the speed limit.
Prelogar also told the justices that the law fits within the nation’s tradition of taking guns from people deemed dangerous, thus meeting the standard the court itself has established for withstanding a Second Amendment challenge. Advocacy groups have warned of the grave danger posed by armed abusers, citing studies that show that the presence of guns increases the chances that an abused intimate partner will die.
Conservative Justice Amy Coney Barrett asked Prelogar whether the court needed to use “law-abiding and responsible” as the relevant test “given some of the ambiguities in that phrase.”In a nation bitterly divided over how to address firearms violence including frequent mass shootings, the court’s 6-3 conservative majority has taken an expansive view of the Second Amendment and has broadened gun rights in three landmark rulings since 2008.
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