NPEIV Statement re: United States v. Rahimi
The National Partnership to End Interpersonal Violence Across the Lifespan (NPEIV), in support of statements by the Battered Women’s Justice Project (BWJP), the National Coalition Against Domestic Violence (NCADV), and the National Network to End Domestic Violence (NNEDV), regarding United States v. Rahimi
In a controversial decision, several key organizations (BWJP, NCADV, & NNEDV) have issued statements condemning the anonymous ruling of a three-judge panel of the United States Court of Appeals for the 5th Circuit in United States v. Rahimi, which struck down 30 years of federal law by ruling that offenders of domestic violence subject to a protective order have constitutional rights to possess a firearm. In summary, this appeal overrules a section of the Violence Against Women Act (VAWA, 1994) which provided some protection to victims/survivors by restricting access to firearms under protection orders. In civil cases, under federal law, these restrictions are followed by a hearing during which respondents have opportunity to appear and present their case.
The decision in United States v Rahimi deemed this section unconstitutional and further enables abusers by failing to restrict access to firearms and increasing the risk of fatal gun violence to those experiencing intimate partner violence. Attorney General Merrick B. Garland responded quickly to the 5th Circuit ruling in United States v. Rahimi by issuing a statement that the “Department [of justice] will seek further review of the Fifth Circuit’s contrary decision” (Justice.gov, 2023), noting that even when viewed through multiple lens – precedent, history, even tradition of the second amendment – the original federal statute is constitutional.
Lifting of firearm restrictions not only puts victims at risk but often leads to additional victimization. Research has shown an association between firearms, intimate partner homicide, and additional victimization. By preventing/restricting firearm access to those who have perpetrated domestic violence, it may decrease the incidence of mass shootings (Gold, 2020). NPEIV supports those who recognize the importance of firearm prohibitions that are designed to save lives and recognize that individuals who have experienced intimate partner violence have a right to feel safe. An analysis of 2020 homicide data (single victim/single perpetrator) by the Violence Policy Center (VPC, 2022) highlights the realities of the danger of firearms in relation to domestic violence. VPC reviews homicide data annually and continues to find that most intimate partner homicides are committed using firearms.
In support of the National Network to End Domestic Violence (NNEDV), the Battered Women’s Justice Project (BWJP), and the National Coalition Against Domestic Violence (NCADV), we would like to share their statements on United States v. Rahimi and highlight the importance of victims’ rights and safe communities. NPEIV agrees that the 5th Circuit ruling was flawed and that the constitutionality of the federal law that restricts access to firearms to perpetrators of domestic violence subject to protective orders be upheld.
NPEIV is a partnership of people, organizations, agencies, and coalitions working together on a national, multi-disciplinary, cross-cultural scale to end interpersonal violence. We believe it is a basic human right to be safe at home, safe at school, safe in the community, and safe when interacting with the institutions of our society. We are better together.
For more information on Domestic Violence and Firearms,
NCADV Fact Sheet (2022): https://assets.speakcdn.com/assets/2497/guns_and_dv_2022.pdf
Everytown for Gun Safety fact Sheet (2021) – Reauthorize the Violence Against Women Act: https://www.everytown.org/report/reauthorize-the-violence-against-women-act/
References
BWJP.org (2023). BWJP reacts to the United States Court of Appeals for the Fifth Circuit’s disappointing ruling undermining federal firearms prohibitions for persons who have committed acts of domestic violence. Battered Women’s Justice Project. Retrieved: https://bwjp.org/bwjp-reacts-to-the-united-states-court-of-appeals-for-the-fifth-circuits-disappointing-ruling-undermining-federal-firearms-prohibitions-for-persons-who-have-committed-acts-of-domestic-violenc/
Gold, Liza H. (2020). Domestic Violence, Firearms, and Mass Shootings. Journal of the American Academy of Psychiatry and the Law, 003939-20. Retrieved: https://jaapl.org/content/early/2020/02/05/JAAPL.003929-20
Justice.gov (2023). Statement from Attorney General Merrick B. Garland regarding United States v. Rahimi. U.S. Department of Justice. Retrieved: https://www.justice.gov/opa/pr/statement-attorney-general-merrick-b-garland-regarding-united-states-v-rahimi
NCADV.org (2023). NCADV Appalled by 5th Circuit Ruling and Demands Better for Survivors. National Coalition Against Domestic Violence (NCADV). Retrieved: https://ncadv.org/blog/posts/ncadv-appalled-by-5th-circuit-ruling-and-demands-better-for-survivors
NNEDV.org (2023). A statement from Deborah J. Vagins, President & CEO, National Network to End Domestic Violence (NNEDV), regarding United States v. Rahimi. Retrieved: https://nnedv.org/latest_update/nnedv-statement-regarding-united-states-v-rahimi/
United States v Rahimi (2023). United States Court of Appeals for the Fifth Circuit. Retrieved: https://www.ca5.uscourts.gov/opinions/pub/21/21-11001-CR1.pdf
Violence Policy Center (2022). When men murder women: An analysis of 2020 homicide data. Retrieved: https://vpc.org/when-men-murder-women/
NPEIV Mission Statement
It is our mission to make the prevention of interpersonal violence a national and international priority and to encourage healthy relationships by linking science, practice, policy and advocacy.