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Domestic abuse and gun control laws

On Behalf of | Mar 30, 2018 | Domestic Violence, Firm News |

Gun control advocates in Nebraska may soon see people who have been convicted of domestic violence crimes subject to restrictive gun control legislation. The fallout from a high school shooting in Florida may result in the passage of bills that will make state laws regarding gun ownership more enforceable and uniform.

Fifty-four percent of mass shooters have a history of committing family or domestic abuse. This is according to an analysis of mass shooting data conducted by a non-profit organization that advocates for gun control. The organization also reports that abused partners are five times more likely to be killed if there is a gun present.

The purchase of guns by women to use as protection for themselves and their children from their abusers has been supported by the National Rifle Association. The NRA has also tamped down its resistance to legislation that establishes gun ownership restrictions for people who have been convicted of domestic abuse.

What the NRA does not condone are anti-gun state laws. For example, the NRA opposes a proposed bill in Oregon that would permit guns to be confiscated from individuals who have been convicted of stalking, a misdemeanor crime.

Boyfriends and girlfriends who fall under certain categories as well as spouses are prohibited by federal law from owning guns if they have been found guilty of misdemeanor domestic violence offenses or have had final restraining orders for domestic violence filed against them. However, the federal laws lack effectiveness because they cannot be enforced by local and state authorities.

A family law attorney may assist clients who are victims of domestic violence by obtaining legal protective orders against their abusers. Depending on the client’s situation, a temporary restraining or a permanent restraining order may be obtained. Litigation might be used to resolve family issues in which domestic abuse is a factor.