The US supreme court will hear oral arguments on Tuesday in a case which gun and domestic violence prevention groups are warning could be a matter of life and death for thousands of abuse victims and their families.

Tuesday’s hearing on United States v Rahimi is seen as one of the most consequential cases with which the nine justices will grapple this term. At stake is how far the new hard-right supermajority of the court will go in unraveling the US’s already lax gun laws, even as the country reels from a spate of devastating mass shootings.

Also at stake, say experts, are the lives of thousands of Americans, overwhelmingly women, threatened with gun violence at the hands of their current or former intimate partners.

  • Mac@mander.xyz
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    11 months ago

    Someone should also mention that anyone convicted of domestic violence should also not be in possession of any guns that are issued by an employer since I’m certain those folks would argue they don’t “own” the gun.

    • theyoyomaster@lemmy.world
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      11 months ago

      That is already a thing. The prohibited persons restriction of the Lautenberg Amendment applies to any possession, not just ownership. Even the military is required to continually verify that servicemembers are still legally allowed to be issues weapons for duty.

  • dhork@lemmy.world
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    11 months ago

    I wish the Founders were more explicit about the responsibilities of citizens when they bear arms. Maybe they thought the Militia clause explained it plainly, as citizens needed to be armed in order to protect their towns when asked to, so bearing arms for other purposes clearly wasn’t covered.

    Evey other enumerated right in the Constitution is balanced against other responsibilities. The right to Free Speech doesn’t mean you can get away with libel and slander. The right to religious freedom doesn’t mean you can use religion as an excuse to ignore laws. I don’t understand why the right to bear arms is the only one Conservatives see as an absolute right, subordinate to nothing, with no responsibilities attached to it.

    • BaroqueInMind@kbin.social
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      11 months ago

      Because without guns, they have no real agency to threaten you follow their rules they want to impose on you. An imaginary sky wizard won’t scare you, but a rifle pointed at you for sure will keep you in line.

    • stella@lemm.ee
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      11 months ago

      The right to bear arms doesn’t mean you can own any gun you want. There are already restrictions.

  • tacosanonymous@lemm.ee
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    11 months ago

    Well, the regressive judges have always maintained that they love violence against women so, I see them leaning into the 2A nonsense.

  • ComradeWeebelo@lemm.ee
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    11 months ago

    Incoming “We are completely impartial and not beholden to political parties or outside influence.” from the big three bois on the bench.

  • HelixDab2@lemm.ee
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    11 months ago

    Inaccurate headline.

    SCOTUS will hear a case about whether people accused of domestic abuse–but not convicted of any offense–and subject to a protection order are permitted to own firearms.

    Why does that matter?

    The evidentiary bar is much, much lower to get a protection order than it is to convict a person of a domestic violence offense, including misdemeanor domestic violence offenses. Because it’s not a criminal proceeding, and because the stakes are generally much lower for the accused, it can be considerably easier to get a protection order from a judge than it is to get a criminal conviction of any offense.

    That’s not a good basis for eliminating rights.

    If you want to take the guns from domestic abusers, then for fucks’ sake, prosecute them. Even a misdemeanor conviction is sufficient to bar someone from owning firearms for life, or until the conviction is vacated.

    EDIT - the defendant in this case did plenty of other things that should have gotten him barred from owning firearms. For instance, he was involved in selling drugs (habitual users of prohibited drugs, including marijuana, are prohibited from owning firearms), and had a long-ass record (although apparently no felony convictions?). There were a lot of other things that they could have nailed him on, but they pursued a gun charge based on the protective order.

  • BrotherL0v3@lemmy.world
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    11 months ago

    There are plenty of gun laws out there that a reasonable person could see merit in challenging: rules about short-barrel rifles / braces & pot smokers not being able to own guns probably aren’t saving any lives.

    The fact that this is the one they go after is just such a demonstration of malintent. There’s good evidence for a relationship between domestic violence and mass shooters.

    This should be a bi-partisan slam-dunk. Minimally invasive to law-abiding gun owners, gets guns out of the hands of dangerous criminals. What public good is served in challenging it?

    • bluGill@kbin.social
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      11 months ago

      This is on law this is often used against law abiding gun owners. Their marriage is going south and suddenly they are hit by a restraining order. Some cases there is domestic violence going on, but others the spouse is just trying to make their ex’s life bad. Many gun owners have been hit with this and lot their ability to do the legal things they would do with guns even though they weren’t going to harm their ex.

      That isn’t to say that everyone hit by a restraining order won’t harm their ex. Only that there are a number of cases where there is no evidence of harm or harm planned but someone lost their guns. (Yes I’m aware that we only get one side of this story and don’t know the truth, but it happens enough that gun owners are worried it could happen to them)

    • lightnsfw@reddthat.com
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      11 months ago

      I’m not against disarming dangerous criminals or opposed to this at all but at the point we have identified that they are too dangerous to own a gun why not just imprison them while we’re at it? Taking their guns won’t stop them from victimizing people in other ways.

  • bluGill@kbin.social
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    11 months ago

    What a terribly biased headline and summary. This is not about those who have done wrong, just those ACCUSED of wrong doing. We have no idea if they are guilty, just that someone accused them. In the US we normally say innocent until proven guilty,.and here is one of the most common ways someone innocent is accused.

    • RedditWanderer@lemmy.world
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      11 months ago

      The hearing will put the spotlight on a federal law that prohibits anyone under a domestic violence restraining order from possessing guns.

      If there is a domestic violence restraining order, it’s not just that “someone accused them”. Ironic you call the headline terribly biased. If a court has to put in on paper that you’re such a threat to someone that you get a restraining order, it makes sense you lose your guns too.

      Bad guys with guns and good guys with restraining orders… Yeah that makes sense.

    • dhork@lemmy.world
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      11 months ago

      There is at least enough proof to issue a restraining order, though. They don’t do that frivolously.

      • bluGill@kbin.social
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        11 months ago

        In order for a restraining order to be useful it needs to be issued on no proof at all. It takes a lot of investigation to find enough proof issue them - time that actual abusers can use to harm their victims even more. In short they are frivolously issued by nature. Then we do a proper investigation and determine if there really is something going on.

        • HotDogFingies@kbin.social
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          11 months ago

          And, in the mean time, abuser shoots his ex-partner in the face, even with a restraining order, because guns make it extremely quick and easy to murder a person. That is exactly what they’re designed to do, after all.

    • HotDogFingies@kbin.social
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      11 months ago

      Owning a gun is not an essential right. Food, water, shelter, dignity, an attorney - these are essential. Guns are not. Taking something non-essential, a privilege, away to protect someone’s life, especially if it’s a temporary measure, is not impeding upon anyone’s rights. The 2nd ammendment is massively outdated. You don’t need a gun to live. It is not a human right to carry a firearm.

      Whether or not this is your intention, your comment sounds rather misogynistic. More often than what you’re describing, abuse victims, generally female, are scared into silence. Women get murdered by their intimate partners at an alarming rate.

      I implore you to tap into your powers of empathy and do some research. This is really happening.

      https://bjs.ojp.gov/female-murder-victims-and-victim-offender-relationship-2021

    • lolcatnip@reddthat.com
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      11 months ago

      Not all accusations are equal. It’s not like I could have a random stranger’s guns taken away by accusing them of domestic violence.

    • DrPop@lemmy.one
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      11 months ago

      I know what your saying but the person in question in this case should 100% not have a gun and way involved in domestic violence with a gun. And multiple accounts of gun violence after the domestic abuse order was issued.

    • flipht@kbin.social
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      11 months ago

      Yeah, and they’ll probably side when the accused abuser, even though they didn’t give a single fuck when it was people accused of nebulous terrorism ties not being able to fly.