The Department of Justice is appealing to the Supreme Court after the domestic violence court overturned the gun ban order
The Ministry of Justice requests US Supreme Court To allow a federal ban to remain in effect that would prohibit people subjected to domestic violence from owning weapons, restraining orders were issued.
the Department of Justice He is seeking to intervene after a federal appeals court ruled last month that people with domestic violence restraining orders have a constitutional right to own guns.
The DOJ petition states that “more than one million acts of domestic violence occur in the United States each year, and the presence of a firearm increases the chance that the violence will escalate into murder.”
Court of Appeal Rules The government cannot stop people who are subjected to domestic violence on the orders of proprietary weapons
The petition to the Supreme Court was posted on Twitter by Pepperdine University law professor Jake Charles on Friday.
The national controversy began after the police found it in Texas gun and pistol In the home of a man who was the subject of a civil protection order that prevented him from harassing, stalking, or threatening his ex-girlfriend and their child. The order also forbade him from owning weapons.
A federal grand jury indicted the man, who pleaded guilty. He later challenged the indictment, arguing that the law prevented him from doing so It was unconstitutional to own a gun.
Missouri law prohibits police enforcement gun laws from remaining in force during a court fight
Initially, a federal appeals court ruled against him, saying it was more important to society to keep guns out of the hands of people accused of domestic violence than to protect an individual’s right to own a gun.
But, last year, the US Supreme Court issued a new ruling in the case New York State Rifle and Revolver Association v. brownwhich set new standards for interpretation of the Second Amendment by saying that the government must justify gun control laws by showing that they are “consistent with the nation’s historic tradition of regulating firearms.”
An appeals court overturned its original decision and decided to overturn the man’s conviction, ruling that a federal law barring persons subjected to domestic violence from owning guns was unconstitutional.
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The decision came from a three-judge panel consisting of Justices Corey Wilson, James Ho and Edith Jones. Wilson has been nominated before Former Republican President Trump. Jones was nominated by former Republican President Reagan.