Supreme Court Ruling on Reckless Domestic Violence Upholds Survivor Safety

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The U.S. Supreme Court ruled yesterday that domestic violence perpetrators convicted of “reckless” misdemeanors can have their guns removed under a federal ban. This 6-2 decision maintained the strength of the 1996 Lautenberg Amendment, which prohibits individuals convicted of domestic violence misdemeanors from legally owning guns.

In this case, Voisine v. United States, two Maine men who were convicted of violating the amendment argued that the ban should not apply to them since their previous domestic violence misdemeanors were recklessly, rather than knowingly or intentionally, committed.

The Supreme Court disagreed, and Clackamas Women’s Services applauds their decision. A domestic violence perpetrator’s access to guns increases the risk of homicide and the Lautenberg Amendment was enacted in recognition of this danger. Whether a domestic assault was committed recklessly or with certainty of harm, this behavior fits into a clear pattern of controlling, power-seeking behavior that too often escalates towards deadly violence.

“These common-sense restrictions help keep survivors safe, and yesterday’s decision reinforces that,” said CWS Executive Director, Melissa Erlbaum. “However, there is still much more work to be done to keep victims safe, hold abusers accountable, and to help nurture a society in which domestic and sexual violence are no longer tolerated.

You can read more about the case at the following links:

To learn about the role that you can play in ending domestic violence, please visit www.cwsor.org.