Advocates for survivors of domestic abuse around the country breathed a sigh of relief last week, when the U.S. Supreme Court ruled that laws preventing abusers from possessing firearms are constitutional. In a state with the fifth-highest rate of women murdered by intimate partners, this approach has been crucial in saving the lives of Louisiana women.
We believe that the 8-1 ruling was correct. But we also have only tepid applause for the court cleaning up a mess it itself made.
That all began with a 2022 case, New York State Rifle & Pistol Association, Inc. v. Bruen, in which the Supreme Court held that in order for a particular gun restriction to be constitutional, there must be an analogous law rooted in American history. That new test led to confusion in the lower courts, culminating last year with the 5th Circuit Court of Appeals out of New Orleans ruling in favor of a Texas man who challenged a law preventing him from owning a gun due to a domestic violence restraining order. The appeals court said such laws were unconstitutional under the Second Amendment. Its decision in United States v. Rahimi sent shockwaves through the community of advocates working on domestic violence prevention and protection as they awaited Supreme Court action.
Last week’s high court ruling means that a Louisiana law that disarms abusers, passed with bipartisan support, will remain intact. It also validates the work of law enforcement officials around the state who have made it a priority to take guns out of the hands of those subject to protective orders. We’ve noted in this newspaper how it’s working in places like Lafourche Parish, where a team of women leading a program to keep track of abusers and guns is often pointed to as a national model.
Domestic violence is a problem in all corners of the state. Often, it only comes into focus after a spate of killings — eight women killed in six weeks in New Orleans in the middle of last year, or three women shot dead in Shreveport at the start of 2024. But it remains in the background, quietly claiming the lives of mothers, daughters and sisters in our communities.
Polls show that most Americans favor sensible limits on gun rights. In this newspaper’s most recent poll, a large majority of Louisianans said they oppose the new law on permitless concealed carry, which is set to go into effect July 4. In the poll, 63% said that those who want to carry concealed firearms should be required to get a permit.
But lawmakers and courts sometimes appear to be trapped in an all-or-nothing mentality when it comes to gun rights.
Those in our society who have had to deal with the consequences of gun violence deserve better. And those dealing with domestic violence especially need to know the laws and the courts are there to protect them.