Bay Area/ San Francisco/ Politics & Govt
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Published on June 22, 2024
Supreme Court Reaffirms Firearm Ban for Domestic Violence Restraining Orders, California Attorney General Hails Landmark Gun Safety TriumphSource: Google Street View

In a significant legal turn, the Supreme Court has upheld protections for survivors of domestic violence in United States v. Rahimi, a decision announced yesterday. California Attorney General Rob Bonta praised the verdict, which overturned a previous ruling by the Fifth Circuit Court of Appeals that a defendant's criminal conviction for gun possession while under a Domestic Violence Restraining Order (DVRO) was invalid. "This is an important victory for public safety and for survivors of domestic violence nationwide," Bonta said, advocating for the disarming of violent individuals as key to upholding public safety. The Office of the Attorney General emphasized the significance of this ruling in the ongoing battle against gun violence.

Lending his voice to the amicus brief that urged the Supreme Court's decision were Bonta and 25 other attorneys general. They collectively vouched for the constitutionality of prohibiting individuals with DVROs from possessing firearms. A data report from the California Department of Justice’s (DOJ) Office of Gun Violence Prevention, issued in November 2023, documented the nexus between domestic violence and gun violence, detailing the state's triumphs in diminishing incidents involving firearms and the obstacles posed during the COVID-19 pandemic. With the constitutionality of said prohibition now affirmed, the impetus to enforce these laws remains stronger, even with the challenges faced.

In June, coinciding with Gun Violence Awareness Day, the California DOJ's Office of Gun Violence Prevention released an additional report titled "Pathways to Safety: California’s Nine Court Protection Orders to Prevent Gun Violence." The report's nine protective order processes are over and above the conventional DVRO, which safeguards individuals facing violence and threats. Among the protection orders described, individuals can seek court aid via mechanisms like the Civil Harassment Restraining Order, Criminal Protective Order, Elder or Dependent Adult Abuse Restraining Order, and several others tailored to specific vulnerable populations or situations where there is a demonstrated need for protection.