Huge Victory for Victims of Domestic Violence

Upholding Safety: Federal Law Prohibits Firearms for Those Under Domestic Violence Restraining Orders

In a landmark decision United States v. Rahimi, the federal courts have recently reaffirmed the importance of protecting domestic violence survivors by upholding a federal law that prohibits individuals subjected to domestic violence restraining orders from possessing firearms. This decision represents a significant step forward in the ongoing battle against domestic violence, emphasizing the need for stringent measures to ensure the safety of victims.

Understanding the Law

The federal law in question is part of the Lautenberg Amendment, a 1996 addition to the Gun Control Act of 1968. It specifically bars individuals who are under domestic violence restraining orders from purchasing, owning, or possessing firearms. This measure was implemented to address the alarming correlation between domestic violence and firearm-related homicides.

The Rationale Behind the Law

Domestic violence is a pervasive issue, affecting millions of individuals across the United States. Studies have shown that the presence of a firearm in a domestic violence situation significantly increases the risk of homicide. According to the National Coalition Against Domestic Violence (NCADV), the presence of a gun in a domestic violence situation increases the risk of homicide by 500%.

By preventing abusers from accessing firearms, the law aims to reduce the likelihood of lethal outcomes in domestic violence cases. This legal provision acts as a crucial safeguard for victims, providing them with a layer of protection against potentially fatal violence.

The Recent Court Decision

The recent court decision to uphold this federal law underscores the judiciary’s commitment to protecting domestic violence victims. The case in question challenged the constitutionality of the firearm prohibition, arguing that it infringed upon Second Amendment rights. However, the court ruled that the government’s interest in preventing domestic violence and protecting victims outweighed the individual’s right to possess firearms under these specific circumstances.

In its ruling, the court highlighted the compelling evidence linking firearms to increased domestic violence fatalities. The decision reaffirmed that the law is a necessary and reasonable measure to prevent gun violence and protect vulnerable individuals.

Implications for Domestic Violence Survivors

For domestic violence survivors, this decision is a beacon of hope. It sends a clear message that the legal system recognizes the gravity of their situation and is willing to take decisive action to ensure their safety. The law serves as a preventive measure, offering survivors some peace of mind by reducing the potential for firearm-related violence.

How the Law Office of Kelly Berton Rocco Can Help

At the Law Office of Kelly Berton Rocco, we specialize in family law matters.   Part of the divorce process can include obtaining a restraining order for our clients.  We are dedicated to advocating for the rights and safety of domestic violence survivors seeking divorce solutions. Our experienced domestic violence attorneys are here to provide comprehensive legal support, including:

Filing for Restraining Orders: We can help you obtain a restraining order to protect you from your abuser.

Legal Representation: Our attorneys will represent you in court, ensuring your voice is heard and your rights are upheld.

Guidance and Support: We offer compassionate guidance throughout the legal process, helping you navigate the complexities of your case.

The recent decision to uphold the federal law prohibiting individuals under domestic violence restraining orders from possessing firearms is a crucial step in protecting domestic violence survivors. At the Law Office of Kelly Berton Rocco, we stand with survivors, offering the legal expertise and support needed to ensure their safety and well-being. If you or someone you know is affected by domestic violence, please reach out to our office for a consultation. Together, we can work towards a safer, more secure future for all.

For more information or to schedule a consultation, give us a call at (201) 343-0078.