Local group hopes to influence US Supreme Court to reinstate law prohibiting abusers from having guns

HOUSTON – The U.S. Supreme Court is making ready to listen a Texas case that has now made it felony for any individual with a home violence restraining order in opposition to them to stay their guns. We spoke with a company that is hoping to influence the ideally suited courtroom’s determination.

In Harris County, the District Attorney’s Office sees extra home violence instances than another crime.

SUGGESTED: Resources to be had for home violence sufferers

Numerous individuals are preserving a detailed eye in this case after the fifth Circuit Court of Appeals overturned a federal law early this 12 months, pronouncing it is unconstitutional to remove accused abusers’ guns after a restraining order is granted.

“This is an alarming, potentially devastating rollback in vital protection measures,” says Houston Area Women’s Center President Emilee Whitehurst.  

The Houston Area Women’s Center is one in every of dozens of organizations operating with lawyers to report briefings and publish them to the U.S. Supreme Court. All within the hope of persuading the justices to rule in want of creating it unlawful for individuals who have home violence restraining orders in opposition to them to have a gun.

“These firearms are taken away from people who’ve already been found by a court to be dangerous to an intimate partner,” explains Attorney Connie Pfeiffer who is operating with HAWC on this case on submitting the Amicus Briefing.  

“If a firearm is involved in a domestic violence situation, that person is five times more likely to be killed,” Whitehurst provides.

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“In Harris County, we file over 15,000 cases of domestic violence (annually). That tells us how bad it is. It’s a pandemic,” explains Kelly Marshall, who is a prosecutor within the Harris County District Attorney’s Office Domestic Violence Division.  

A big a part of attempting to stay home violence sufferers protected is doing issues reminiscent of prohibiting the abuser get right of entry to to guns. 

“We can figure out what conditions would most likely keep that person safe. So that’s a huge thing right away. There’s bond conditions, a Magistrate’s Order for Emergency Protection,” Marshall provides.   

Since 1994, a federal law has allowed courts to take guns from abusers who’re the topic of a restraining order. However, that law used to be overturned in Texas, Louisiana, and Mississippi. In February 2023, the Fifth Circuit Court dominated it unconstitutional after listening to the case of Zackey Rahimi, who is accused of assaulting his female friend and of sporting out 5 other shootings.

“The 5th Circuit has held that that law is unconstitutional so that he is entitled to have his firearm because he’s short of a criminal conviction,” says Pfeiffer.  

“I hope the Supreme Court will not decide a constitutional right to a gun should trump the safety of women and children,” provides Whitehurst.

The U.S. Supreme Court is anticipated to believe this topic subsequent week.  

Click here if you want to signal a Houston Area Women’s Center petition in opposition to permitting abusers to legally have get right of entry to to guns.