United States v. Rahimi: Everyone Is Safer When Abusers Don't Have Guns

For years, survivors of intimate partner violence (IPV) have been afforded federal protections that prohibit the purchase and possession of firearms for those convicted of qualifying misdemeanor crimes of domestic violence or who are subject to certain domestic violence protective orders. In February 2023, the 5^th Circuit court ruled in U.S. v. Rahimi that restricting possession of a firearm by someone subject to a domestic violence protective order is unconstitutional, which rolled back critical protections for survivors prescribed in 18 U.S.C. 922(g)(8).

Today, the U.S. Supreme Court heard oral arguments in U.S. v. Rahimi, a case that will determine the constitutionality of a federal law barring those with a standing domestic violence-related civil protective order from possessing firearms. As always, ZeroV’s first priority is the health and safety of survivors of domestic violence and their families. In August of 2023, ZeroV joined the Brady Center to Prevent Gun Violence and twenty-six other concerned parties including the Battered Women's Justice Project, The National Domestic Violence Hotline, Esperanza United, and Futures Without Violence from the domestic violence field in submitting an amicus brief to the U.S. Supreme Court, arguing it should reverse the Rahimi ruling and uphold the ability of judges to temporarily remove firearms from abusive partners subject to domestic violence protective orders.

The Rahimi decision has far-reaching impacts that render survivors even more vulnerable, putting them at increased risk of abuse, injury, and death, specifically those who are disproportionately affected by the intersection of intimate partner violence and gun violence, including women, pregnant women, and women of color.[1] The U.S. Department of Justice has found that women are far more likely to be the victims of violent crimes committed by intimate partners than men, especially when a weapon is involved. Moreover, women are much more likely to be victimized at home than in any other place.[2] One federal study on homicide among intimate partners found that female intimate partners are more likely to be murdered with a firearm than all other means combined, concluding that “the figures demonstrate the importance of reducing access to firearms in households affected by IPV”.[3] In Kentucky, almost 75% of all IPV homicides are committed with a firearm.[4]

Research and data clearly demonstrate that domestic violence and guns are a lethal combination. When male abusers have access to a firearm, the risk they will shoot and kill their partner increases by over 1,000%.[5]  Furthermore, studies have found that one in five victims of intimate partner homicides were children, family members, people who intervened, first responders, and even strangers.[6] In about 70% of these deaths, a firearm was used.[7] For children under 13 who are victims of gun homicide, nearly one-third were connected to intimate partner or family violence.[8] Ninety-five percent of law enforcement officer deaths in response to domestic disturbances between 1996 and 2010 were from a firearm.[9]

While the full ramifications of this decision are unclear at this time, victim service providers, politicians, courts, and others must continue to work together to center efforts around protecting lives. Overturning the U.S. v. Rahimi ruling is a response that will both honor the humanity of all people and serve as an example of our American solidarity against intimate partner violence.

[1] Everytown Research & Policy (2020). Guns and Violence Against Women. https://everytownresearch.org/reports/guns-intimate-partner-violence/.
[2] Craven, D. (1997). Sex Differences in Violence Victimization, 1994. Bureau of Justice Statistics Special Report. Washington, DC: U.S. Government Printing Office, 1997.
[3] Violence Policy Center (2019). When Men Murder Women: An Analysis of 2017 Homicide Data. Violence Policy Center.
[4] Kentucky Violent Death Reporting System (2019). Kentucky Violent Death Reporting System (KYVDRS) Special Report on Kentucky Violent Deaths. Kentucky Injury Prevention and Research Center, 1-2. https://kvdrs.ky.gov/Documents/September%2019%20Infographic.pdf.
[5] Spencer, C.M. & Stith, S.M. (2020). Risk Factors for Male Perpetration and Female Victimization of Intimate Partner Homicide: A Meta-Analysis. TRAUMA, VIOLENCE, & ABUSE 2020, 21(3), 536.
[6] Smith, S.G., Fowler, K.A. & Niolon, P.H. (2014). Intimate Partner Homicide and Corollary Victims in 16 States: National Violent Death Reporting System, 2003–2009. American Journal of Public Health, 104(3), 461–66. https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2013.301582.
[7] Smith, S.G., Fowler, K.A. & Niolon, P.H. (2014). Intimate Partner Homicide and Corollary Victims in 16 States: National Violent Death Reporting System, 2003–2009. American Journal of Public Health, 104(3), 461–66. https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2013.301582.
[8] Fowler, K.A. et al. (2017). Childhood firearm injuries in the United States. Pediatrics, 140(1), e20163486., https://publications.aap.org/pediatrics/article-abstract/140/1/e20163486/38006/Childhood-Firearm-Injuries-in-the-United-States?redirectedFrom=fulltext. [9] Kercher, C. et al. (2013). Homicides of Law Enforcement Officers Responding to Domestic Disturbance Calls. Injury Prevention, 19(5), 331–35. https://injuryprevention.bmj.com/content/19/5/331.