California Attorney General Joins Effort to Ask Supreme Court to Overturn Lower Court Ruling that Domestic Abusers Can Have Access to Guns

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By Leslie Acevedo

OAKLAND, CA – California Attorney General Rob Bonta joined a multi-state coalition last week in an Amicus Brief asking the “United States Supreme Court to review and overturn the Fifth Circuit Court of Appeals’ decision in United States v. Rahimi, which held that the federal prohibition on possession of firearms by an individual subject to a domestic violence restraining order violates the Second Amendment.”

AG Bonta noted, the “coalition seeks to preserve laws prohibiting subjects of domestic violence restraining orders from possessing a firearm and argues that the court’s reasoning would undermine efforts by states and the federal government to protect victims of domestic abuse and to keep guns out of the hands of individuals who present a danger to public safety.”

California Attorney Bonta added, “ Californians should know that restraining orders, including Domestic Violence Restraining Orders, can be used to prohibit dangerous people from possessing firearms in California,” noting “These orders are an essential tool that remain available to victims of domestic abuse.”

Per California law, victims of domestic abuse are allowed to seek a protection that includes a prohibition on the possession of firearms, said Bonta, arguing the court’s reasoning threatens to undermine public safety efforts, because the decision in Rahimi did not address the validity of the protective orders.

AG Bonta’s Office noted he had, “launched a first-in-the-nation Office of Gun Violence Prevention, took legal action against ghost gun retailers, advocated for and defended common sense gun laws, worked on the ground to keep firearms out of the hands of dangerous individuals, and announced Senate Bill 2 (SB 2), to strengthen California’s existing concealed carry weapon (CCW) laws.

California’s AB 1594, which was sponsored by and signed into law in July 2022, creates a pathway for Californians who have been harmed by gun violence to hold the appropriate parties — including gun manufacturers and distributors — accountable.”

Bonta also noted he had  provided grants to law enforcement to support activities related to weapons, “called on credit card companies to do their part to end illegal gun trafficking and mass shootings, and promoted the use of the state’s red flag laws to remove weapons from individuals who pose a danger to themselves or others.”

The CA AG is joined by attorney generals of Arizona, Connecticut, Maine, Maryland, North Carolina, Oregon, Michigan, Washington, Illinois and the District of Columbia in filing the amicus brief.

About The Author

Leslie Acevedo is a senior undergraduate student at California State University, Long Beach, majoring in Criminology/Criminal Justice. She intends to pursue a Master's Degree in Forensic Science or Criminal Justice. She aspires to become a forensic investigator.

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