this post was submitted on 24 Oct 2023
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Kelly Roskam of the Johns Hopkins Center for Gun Violence Solutions discusses a Supreme Court case that will decide if a federal law prohibiting possession of firearms by people subject to domestic violence protection orders is constitutional

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[–] [email protected] 57 points 1 year ago

Finally disarming cops, eh?

[–] [email protected] 27 points 1 year ago (2 children)

No. They don’t. If you’re not a responsible person you cannot be a responsible gun owner.

[–] krayj 7 points 1 year ago* (last edited 1 year ago) (15 children)

Domestic abusers shouldn't have guns...this is true.

The problem is that responsible people get protection orders issued against them all the time (and what's being discussed are protection orders, not convicted abusers)...because many states require no proof other than the word of the accuser...which inevitably leads to people weaponizing the process out of petty revenge or anger solely to make life hell for their ex. People convicted of domestic abuse would still lose their guns. What the article is discussing is whether people who've been accused without evidence should continue to have their rights stripped or not.

[–] [email protected] 1 points 1 year ago (2 children)

Where do they issue protective orders without more than the word of the accused?

Temporary POs, yes. But actual POs are pretty hard to get. Mine was denied even though my abuser plead guilty to domestic violence because the courts believed he should have the parental right to abuse his children without supervision, too.

[–] krayj 2 points 1 year ago* (last edited 1 year ago)

The current precedent that is being used to apply the law makes no distinction between "protective order" and "restraining order". It also makes no distinction between "protective order" and "temporary protective order" nor does it recognize a distinction between "restraining order" and "temporary restraining order". So considering that, and because the naming convention varies from state to state, we're forced to consider all those terms equal under the current interpretation of law and current court precedence.

You've already admitted that Temporary POs are easy. How easy? In most states, the only requirement is a signed affidavit from an accuser claiming they feel threatened. That's it.

I'm not going to go look it up state by state to give you the requirements, but I did look up California's (since they have such a huge population and since many other states base their own laws on the precedence that California sets). In California, an EPO (emergency protective order) can be granted solely from "a person's allegation of a recent incident of abuse or threat of abuse". See California Family Code, Chapter 2, Section 6250 Paragraph (A) here: https://studentaffairs.fresnostate.edu/survivoradvocate/documents/CA%20Victim%20Protection%20Statutes.pdf

That's it. Also in California (and in many other states), EPOs are temporary, but can be repeatedly extended until some upcoming court date can decide on a permanent resolution (and this can take weeks to months). Also in California (and in many other states), a domestic EPO is sufficient to deny someone access to firearms, revoke their concealed handgun license, etc. Here's the quote from the State of California Emergency Protective Order Bench Guide for judges:

Any EPO issued prohibits the restrained person from owning, possessing, purchasing, or receiving any firearms or ammunition during the term of the protective order. A violation of this prohibition is a misdemeanor punishable by a maximum of one year in jail, a $1000 fine, or both.15 Any firearm must be surrendered while the protective order is in effect. Additionally, in a gun violence EPO (form EPO-002), ammunition, including magazines, must also be surrendered.

And that bit about "must be surrendered"...comes with some pretty big penalties also. When surrendered, the state takes possession and assigns fees to the subject of the order for hanging onto them...and then if/when the protective order is ultimately lifted or defeated in court, that poor bastard still needs to hire a lawyer to navigate the legal system and all the forms and filings to get them back. One fraudulent protection order ends up costing the subject tens of thousands of dollars.

...And this is the precedent that is currently being challenged.

I had my own brother crashing on my couch for 4 months for this very issue (his ex had filed a fraudulent one against him without needing any more evidence than an allegation....and 3 months into it (after a dozen extensions), she threatened to file one against ME for refusing to let her into my house where he was staying. Obviously, some protection orders are valid and necessary, but the system is currently easily abused by anyone who wants to make their ex's life miserable and there are ZERO repercussions for filing a fraudulent protection order. I think it's fair to reconsider how many rights we are willing to violate against an innocent person before there is due process in a court proceeding.

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[–] [email protected] 6 points 1 year ago (2 children)

This is a rather conservative supreme Court though. I honestly think they might find that gun rights trump an abuse survivor's right to safety.

[–] ryathal 10 points 1 year ago

It's not just gun rights. It's really a 5th ammendment issue that due process is required to deprive a person on life, liberty, or property.

[–] [email protected] 6 points 1 year ago

It's not even a gun rights thing. It goes deeper. The conservative movement has the ideal of the Pater Familias, the male head of the family who holds the power of life and death over the members. In every way that matters, the Pater Familias owns their wife and children.

That's the traditional family that they want to bring back.

The thing is, even in ancient Rome (where the term was created) the community would often step in and take the family away if the abuse got too bad.

All throughout human history, if a husband beat his family too much, the other men in the community might "have a word" with him. Sometimes that was a quiet conversation, and sometimes it was a beating with the wife and kids staying suddenly with her sister.

It was only after we started living in cities that people started "minding their own business".

And yes, there have always been abusers who have been clever about hiding their abuse. But the conservative ideal of a man who could do whatever he wanted to his own family, never actually existed.

[–] krayj 17 points 1 year ago (1 children)

Unfortunately, in many states, no actual proof or evidence is required to get a domestic protection order issued against someone. Some individuals do actually weaponize the justice system just to take out their anger on another person, damage their reputation, and make their life hell for no other reason than to make their life hell.

This article title is bait and switch. The law still would prohibit convicted domestic abusers from possessing firearms. The subject of this current challenge is about whether it should continue to impact people who've merely been accused by someone or not.

This has happened to both my brother and a very good long-time friend. Both individuals were eventually completely vindicated but the current system allowed an accuser, without any evidence, the ability to have protection orders placed, their firearms confiscated, their concealed pistol licenses revoked, their reputations damaged, and it cost them thousands in attorneys fees to deal with. And at the end of it all, and after being completely vindicated, zero repercussions for the accuser of the false accusations.

I don't know what the right answer is here, but the discussion has merit before blindly accepting the title of this post at face value because there's a lot more to it than what the title implies.

[–] [email protected] 9 points 1 year ago (2 children)

In order for such orders to be useful they need to be easy to get wothout evidence. However because they must be easy to get falsely the effect must be limited to the minimum needed and they cannot destory someones life.

[–] ryathal 6 points 1 year ago (17 children)

In contrast people's rights and privileges shouldn't be allowed to be taken away with a one sided claim with no evidence. It's really tough to balance, and if it only happened to actual abusers, no one would really care.

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[–] [email protected] 16 points 1 year ago (1 children)

I know that one: no, no they don't.

'Indeed, a woman is five times more likely to be murdered when her abuser has access to a gun.'

Read this link if you want to know more https://efsgv.org/learn/type-of-gun-violence/domestic-violence-and-firearms/

[–] [email protected] 3 points 1 year ago* (last edited 1 year ago) (1 children)

It's interesting that you support a Johns Hopkins piece with... a John Hopkins piece. That's a bit like doubling down on Everytown.

That particular claim is built upon some incredibly sketch analysis. This is the most common backing source.

The methodology:

An 11-city case–control design was used; femicide victims were cases (n = 220), and randomly identified abused women residing in the same metropolitan area were control women (n = 343). Co-investigators at each site collaborated with domestic violence advocacy, law enforcement, and medical examiner offices in implementing the study. Sampling quotas for cases and control women in each city were proportionately calculated so that the cities with the highest annual femicide rates included the largest number of cases and control women.

There's already a flaw here - bias in selection. By prioritizing 11 of the ~20k cities, towns, and villages in the US which has the highest counts of domestic violence murder of the female, they're skewing away from instances where there's... less murder. Of course your homicide rates are going to report higher, no matter what the risk factor.

It gets better, though - they skew numbers further by eliminating those with a history of abuse and those just too old to care about:

Two exclusion criteria, age (18–50 years) and no previous abuse by the femicide perpetrator, resulted in the elimination of 87 additional cases (28.3% of 307 cases), with 59 (19.2% of 307 cases) eliminated solely as a result of the latter criterion.

It's interesting they don't actually note what those cities are - it would be good to know if there are other notable stats e.g. crime rate, poverty, safety nets, so on. Heck, they recognize such:

Another limitation was that we excluded women who did not reside in large urban areas (other than Wichita, Kan) and control group women who did not have telephones. We also failed to keep records of exactly which proxy interviews (estimated to be less than 10% of the total) were conducted in person rather than by telephone, and thus we cannot evaluate the effects of this source of bias. Finally, we have no way to compare the control women who participated with those who did not, and women living in the most dangerous situations may have been less likely to participate as control women. If so, true exposure to the risk factors of interest among women involved in abusive intimate relationships may be greater than our control data suggest, thus inflating our estimates of increased risks associated with these exposures.

I'm going to go out on a limb and suggest Wichita isn't a model of prosperity and social safety nets.

That brings us to another flaw - this study isn't interested in identifying the spread and impact of all risk factors but instead is only interested in confirming presence of an already-suspected risk factor - another problem they recognize:

The interview included previously tested instruments, such as the Danger Assessment,16,17 and gathered information on demographic and relationship characteristics, including type, frequency, and severity of violence, psychological abuse, and harassment; alcohol and drug use; and weapon availability. ... Perhaps the most important limitation of the study is its necessary reliance on proxy respondents for data regarding hypothesized risk factors for intimate partner femicide cases.

This flaw entirely precludes consideration for the whether or not the presence of the firearm was material in the person's decision to murder e.g. impulsivity, whether or not they'd have just used another implement, etc.

That brings us to the most egregious flaw - simple, classic misleading through emotional appeal. Setting aside the selection bias and risk of over-representation, what is the actual rate and actual factor? You'll note none of the studies seem to actually address this. Going with Violence Policy Center's analysis of 2019 data, they at least provide numbers:

In 2019, there were 1,795 females murdered by males in single victim/single offender incidents that were submitted to the FBI for its Supplementary Homicide Report.

So, in 2019, a given woman was subject to odds of five ten thousandths of a percent (1,795/~330 million) likely to be murdered in domestic violence. If we extrapolate up to an expected life span of, say, 80 years, a given woman has been exposed to an ~0.04% total likelihood of being murdered in domestic violence. Oh, but that would hypothetically only be ~0.009% without those firearms; clearly they're the problem.

This source also provide a breakdown of implements:

Nationwide, for homicides in which the weapon could be determined (1,566), more female homicides were committed with firearms (58 percent) than with all other weapons combined. Knives and other cutting instruments accounted for 19 percent of all female murders, bodily force 10 percent, and murder by blunt object five percent. Of the homicides committed with firearms, 65 percent were committed with handguns.

Despite the arguments made regarding how firearms are the devil for making murder so easy, fists and knives gave an incredible showing of ~1/3 the murders. Notably, John Hopkins provides no hyperbole about knives. Weird, that. Notably absent is any implication of the presence of any of those items increasing risk.

This data also highlights clear skew toward some states regarding domestic violence homicide rates. Want to place a bet on where significant portions of the John Hopkins data came from?

For that year, Alaska ranked first as the state with the highest homicide rate among female victims killed by male offenders in single victim/single offender incidents. Its rate of 5.14 per 100,000 was more than four times the national rate. Alaska was followed by New Mexico (2.64 per 100,000) and Nevada (2.28 per 100,000). The remaining states with the 10 highest rates, all of which had female homicide victimization rates higher than the national rate, can be found in the chart below.

Ultimately, we're left with not a lot of support for Johns Hopkins' stance - which makes sense, as they can't really seem to support it either.

I'm all for addressing domestic violence, but let's not lie to ourselves and pretend it's all sunshine and rainbows without firearms, and let's not thoughtlessly share the conclusions of biased sources as if they're meaningful - we've had enough erosion of sense over the last decade.

[–] [email protected] 4 points 1 year ago* (last edited 1 year ago) (1 children)

This is a lot of splitting of hairs on your part. Are you a social scientist and a statistician? If not, I will defer to the experts on this. The amount of unreported domestic abuse dwarfs the amount that is reported. Also, solely focusing on deaths is a misnomer. Being threatened by an abuser with a gun is rather common and also detrimental to the mental health of the victim.

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[–] [email protected] 16 points 1 year ago (1 children)

I know all caps isn't the proper Netiquette but that's what the article published.

[–] [email protected] 13 points 1 year ago (1 children)

Thanks for saying so. All caps does come off as shouting and the headline itself comes off as a loaded, no pun intended, queston.

[–] [email protected] 11 points 1 year ago

NO PROBLEM!

[–] [email protected] 7 points 1 year ago* (last edited 1 year ago)

It would be more accurate to say the case in question is about whether or not due process matters for such a restriction; that civil findings are insufficient to restricting one's constitutional rights.

Leave it to John Hopkins to misrepresent a "firearms" issue entirely.

[–] ZzyzxRoad 5 points 1 year ago (1 children)

This comment section is pathetic.

[–] [email protected] 1 points 1 year ago (1 children)
[–] [email protected] 3 points 1 year ago (20 children)
[–] [email protected] 3 points 1 year ago

For everyone else:

Yea the thing this article puts in the fine print is he has not been convicted of any crimes, he has not had his bail revoked by the judge, and none of the alleged crimes were fellonius. If any of these three conditions had been met, he would not have his weapons. The case was not struck down due to a 2A violation, it was struck down because it’s unconstitutional under the due process clause, and pretty black and white at that. If he endangered the public after his arraignment the judge should have revoked his bail.

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[–] [email protected] 3 points 1 year ago (1 children)

WHY ARE YOU YELLING AT ME?!??

[–] [email protected] 5 points 1 year ago (1 children)

BECAUSE I'M LOSING MY HEARING AND I CAN'T TELL THAT I'M BEING LOUD

[–] [email protected] 2 points 1 year ago (1 children)
[–] [email protected] 3 points 1 year ago
[–] [email protected] 2 points 1 year ago

Of course they do! Otherwise, all Republicans would have to give up their guns.

[–] [email protected] 2 points 1 year ago

No. Next question.

[–] [email protected] 1 points 1 year ago

Quick note that is neither in favor nor opposed:

In many places in the US, you need to provide an address in order to get a protective order so that the subject of the order knows where they can't go. For people that have left violent partners, that's a generally bad idea, since police generally don't do anything to enforce protective orders, even after repeated violations.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago)

Personally, I find the "gun debate" very interesting. On one hand, you have common sense. On the other hand, the constitution.

Being that in 2006, four Democratically appointed justices acknowledged the second amendment is in regard to state militias and five Republican appointed justices essentially affirmed state militias aren't even mentioned in the second amendment (barely an exaggeration), the right to protect yourself with a firearm is going trump someone else's right to not be afraid of being shot by a known aggressor.

As it is, on paper, I side with someone's right to protect themselves, even a domestic abuser. But that doesn't mean I don't think everything but six shooters and hunting rifles should be banned and melted down.

Which brings us to the topics of mental health, human decency, the oppression of the poor, police brutality, underfunded school systems, the breakdown of supportive family structures, lack of constructive outlets, religious zealots, inflation, gender roles, fear of irrelevance, exportation and robotization of jobs, etc, etc, etc. As has been in the headlines, do people really have free choice when "the system" steers them down a path?

It's a quandary.

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