Rahimi Ruling: Celebrating Progress, Recognizing the Work Ahead
Written by SAFE
United States v. Rahimi
On June 21, 2024, the Supreme Court of the United States delivered a landmark ruling in the case of United States v. Rahimi, upholding the constitutionality of 18 U.S.C. § 922(g)(8). This federal statute prohibits individuals subject to domestic violence restraining orders from possessing firearms. The case originated in Texas, highlighting the state’s pivotal role in shaping national policy on domestic violence.
At SAFE, we are dedicated to supporting survivors of domestic violence and commend the Court for its decision. This ruling underscores how crucial it is to have firearm restrictions in place for individuals who pose a significant threat to their intimate partners. Restraining orders play a vital role in protecting victims of domestic violence, and the prohibition on abusers possessing firearms under these orders is a key part of these safety measures.
The intersection of domestic violence and firearm access is well-documented, with numerous studies showing a significant increase in the likelihood of homicide when abusers have access to guns. Two-thirds of women killed by an intimate partner are killed with a gun, and access to a gun makes it five times more likely that a woman will die at the hands of a domestic abuser. Every month, an average of 70 women are shot and killed by an intimate partner.
In 2023, SAFE joined the Texas Advocacy Project and a coalition of dedicated non-profit organizations across the nation in filing an amicus brief in US v. Rahimi. The brief, submitted to the Supreme Court, emphasized the importance of preventing individuals who have committed or threatened family violence from accessing firearms during the period they are under a protective order. Spann highlighted the real dangers faced by survivors: “At SAFE, we routinely meet survivors who have been threatened with guns owned by the person who has and continues to abuse them. Too often the threats escalate to their family, their children, their pets. Guns in the hands of people convicted of domestic violence are extremely dangerous. It is domestic terror, and it is deadly.”
Addressing Texas’ enforcement gaps
Despite federal and state laws designed to protect survivors of domestic violence by restricting abusers’ access to firearms, Texas has struggled to effectively enforce these provisions. The reality is that fewer than 10 of the 254 counties in Texas have established standard protocols to ensure that subjects of domestic violence protective orders surrender their firearms as required by law. This failure undermines the safety of countless individuals and highlights a critical gap in the state’s approach to combating domestic violence.
In 2009, Texas amended its state law to require courts to suspend the firearm licenses of individuals subject to domestic violence protective orders. Prior to this change, courts were merely authorized—but not mandated—to suspend these licenses. That same year, at least 110 Texans died because of domestic violence homicides. Among these victims were at least two individuals who had active restraining orders against their abusers at the time of their deaths. Another victim had planned to apply for a protective order the day after she was killed.
These deaths and the thousands of others that occur as a result of interpersonal or domestic violence serve as tragic reminders of the critical need for clear, thorough firearm restriction laws for domestic violence offenders and fully developed protocols to enact them. Without official, documented enforcement protocols and procedures for gun surrender, buy-back programs or gun transfer requirements, protective orders aren’t always enough to ensure survivors’ safety.
Under both the Texas Family Code and federal law, individuals subject to domestic violence protective orders are prohibited from possessing firearms for the duration of the order. Despite these legal prohibitions, domestic violence-related gun deaths continue to occur annually across the state, affecting people in both rural and urban areas, and in various types of relationships, including marriages and dating relationships. Tragically, many of these deaths involve survivors who had sought or obtained protective orders, only to be killed by their abusers who still had access to firearms. Often, these incidents also result in the deaths or injuries of other family members and friends.
During our press conference, SAFE and its partners discussed the need for statewide protocols to ensure implementation of the law and safety for survivors of interpersonal violence. “Research demonstrates that laws restricting firearms access for protective order respondents are an effective means to reduce injury and death for survivors, families, first responders and entire communities. Ensuring that these laws are fully implemented and fairly enforced in every Texas county is a critical access to justice issue for survivors,” Shelli Egger of Texas Legal Service Centers urged. The City of Austin, Travis County, and community partners including domestic violence organizations are members of the Firearms Technical Assistance Project (FTAP) to address enforcement protocols.
The effects of intimate partner gun violence
The lack of standardized enforcement protocols across Texas counties increases the risk of firearm-related fatalities in domestic violence cases. For example, in the case of Amanda Broderick, despite the existence of a protective order, her former partner Stephen Broderick was able to retain his firearm, leading to the tragic deaths of herself, her daughter Alyssa, and Alyssa’s boyfriend Willie Simmons III. 10 months before their murders, Alyssa disclosed to her mother that Stephen Broderick had sexually abused that day and many times before over the 13 years of their relationship. This led to their pursuance of a protective order, a decision they pursued cautiously in fear of Stephen’s retaliation.
The day they filed the protective order, Alyssa’s words were tragically preeminent, “I’m afraid that to him, a protective order will be just a piece of paper. I’m worried that he’ll come after my family and try to take my brother. I’m afraid he might hurt me or my mom for coming forward.” Cases like this and the trepidation Amanda and Alyssa felt to come forward underscore the urgent need for comprehensive measures to ensure abusers relinquish their firearms and the deadly consequences survivors face with inadequate enforcement.
Read more about the tragic effects of intimate partner gun violence here.
The influence of gun rights advocates has played a significant role in shaping the legislative landscape around firearm surrender laws. It wasn’t until the tragic 2012 shooting at Sandy Hook Elementary, where a gunman killed his mother and then 26 others, that many legislators in other states began to seriously address the connection between guns and domestic violence. This incident spurred a national conversation about the importance of using protective orders to remove firearms from abusers.
In 68.2% of mass shootings, the perpetrator either killed at least one partner or family member or had a history of domestic violence (DV). This statistic shows that mass shootings that involve a shooter with a history of DV are more deadly with higher fatality rates in over 80% of cases. There is significant differences in the average number of injuries and fatalities between DV and history of DV shootings and a higher average case fatality rate associated with DV-related mass shootings (83.7%).
Texas must take immediate steps to bridge the enforcement gap by implementing standardized protocols across all counties to ensure that abusers surrender their firearms as required by law. This includes adequate training for law enforcement officers, judges, and court personnel, as well as robust monitoring and accountability mechanisms. Additionally, state legislators should strengthen laws and resources aimed at preventing domestic violence and supporting survivors.
SAFE and other advocacy groups urge state and federal lawmakers to build on this victory by strengthening laws and resources aimed at preventing domestic violence and supporting survivors. Together, we can create a safer and more just society for all.
Austin City Councilmember Alison Alter encouraged, “Today, let’s celebrate one more step knowing that tomorrow we need to take another step and then another and then another – because the work to create real, enduring change to protect the lives of survivors and those currently experiencing abuse is our collective work.”
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Read about how we can protect children from gun violence at home.
