AR192

An Assembly Resolution urging the United States Supreme Court to overturn a lower court opinion that allows domestic violence abusers to possess firearms.

Whereas, Guns and domestic violence are a lethal combination. Nearly half of all women murdered in the United States are killed by a current or former intimate partner, and more than half of these intimate partner homicides are by firearm; and

Whereas, Women are five times more likely to be murdered by an abusive partner when the abuser has access to a gun. The mere presence of a gun increases the risk of domestic violence homicide by 500 percent; and

Whereas, When a victim of domestic violence attempts to take adverse action against their partner by leaving the relationship or obtaining a restraining order is when they are in the most danger. In fact, one-fifth of homicide victims with restraining orders are murdered within two days of obtaining the order and one-third are murdered within the first month; and

Whereas, It is critical to make sure that persons who commit domestic violence and other acts of violence against intimate partners should have their access to weapons restricted; and

Whereas, On March 2, 2023, the United States Court of Appeals for the Fifth Circuit ruled in United States v. Rahimi, 61 F.4th 443 (5th Cir. 2023), that the federal law banning possession of a firearm by a person subject to a domestic violence protective order is unconstitutional under the Second Amendment; and

Whereas, The federal law, 18 U.S.C. s.922(g)(8), has been in effect since 1994; and

Whereas, A domestic violence protective order was issued in February 2020 against the defendant in the case, Texas resident Zackey Rahimi, after he assaulted his former girlfriend; and

Whereas, The protective order that barred Rahimi from contact with the victim expressly prohibited him from possessing a firearm; and

Whereas, Despite the protective order and the federal law barring Rahimi from possessing a firearm, he had a pistol and a rifle, and was alleged to be responsible for five separate shootings in Texas between December 2020 and January 2021; and

Whereas, The decision by the Fifth Circuit Court of Appeals holding the federal law unconstitutional was prompted by a June 2022 United States Supreme Court decision, N.Y. State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111 (2022); and

Whereas, In Bruen, the Supreme Court struck down a New York state law that required a person to prove “proper cause” in order to obtain a license to carry a concealed firearm, ruling that the “proper cause” requirement violated the Second Amendment to the United States Constitution, which grants “the right of the people to keep and bear Arms”; and

Whereas, The Solicitor General of the United States has urged the Supreme Court to reverse the appeals court decision in Rahimi, because it “threatens grave harms for victims of domestic violence”; and

Whereas, In the view of this House, the Rahimi decision, if not struck down, would destroy an important law protecting the public safety, and would endanger the lives of thousands of domestic violence survivors; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey:

1. This House respectfully requests the United States Supreme Court to overturn the decision of the Fifth Circuit Court of Appeals in United States v. Rahimi, 61 F.4th 443 (5th Cir. 2023) allowing domestic violence abusers to possess firearms.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to each member of the United States Supreme Court and to the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and each member of Congress elected from this State.

STATEMENT

This resolution respectfully requests the United States Supreme Court to overturn the decision of the Fifth Circuit Court of Appeals in United States v. Rahimi, 61 F.4th 443 (5th Cir. 2023), allowing domestic violence abusers to possess firearms.

Guns and domestic violence are a lethal combination. Nearly half of all women murdered in the United States are killed by a current or former intimate partner, and more than half of these intimate partner homicides are by firearm. Women are five times more likely to be murdered by an abusive partner when the abuser has access to a gun. The mere presence of a gun increases the risk of domestic violence homicide by 500 percent. When a victim of domestic violence attempts to take adverse action against their partner by leaving the relationship or obtaining a restraining order is when they are in the most danger. In fact, one-fifth of homicide victims with restraining orders are murdered within two days of obtaining the order and one-third are murdered within the first month. This is why it is critical to make sure that persons who commit domestic violence and other acts of violence against intimate partners should have their access to weapons restricted.

On March 2, 2023, the United States Court of Appeals for the Fifth Circuit ruled in Rahimi that the federal law banning possession of a firearm by a person subject to a domestic violence protective order is unconstitutional under the Second Amendment. The federal law, 18 U.S.C. s.922(g)(8), has been in effect since 1994.

A domestic violence protective order was issued in February 2020 against the defendant in the case, Texas resident Zackey Rahimi, after he assaulted his former girlfriend. The protective order that barred Rahimi from contact with the victim expressly prohibited him from possessing a firearm. Despite the protective order and the federal law barring Rahimi from possessing a firearm, he had a pistol and a rifle, and was alleged to be responsible for five separate shootings in Texas between December 2020 and January 2021.

The decision by the Fifth Circuit Court of Appeals holding the federal law unconstitutional was prompted by a June 2022 United States Supreme Court decision, N.Y. State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111 (2022). In Bruen, the Supreme Court struck down a New York state law that required a person to prove “proper cause” in order to obtain a license to carry a concealed firearm, ruling that the “proper cause” requirement violated the Second Amendment to the United States Constitution, which grants “the right of the people to keep and bear Arms.”

The Solicitor General of the United States has urged the Supreme Court to reverse the appeals court decision in Rahimi because it “threatens grave harms for victims of domestic violence.”

In the view of this House, the Rahimi decision, if not struck down, would destroy an important law protecting the public safety and would endanger the lives of thousands of domestic violence survivors.