Bipartisan gun safety group submits amicus brief led by former NRA Lobbyist to SCOTUS, to reverse Rahimi decision
Argues restrictions satisfy due process, are consistent with Founders’ intent, and protect against modern-day threats
(LOS ANGELES, CA) August 21, 2023 – Bipartisan gun safety organization 97Percent has submitted an amicus brief to the Supreme Court, arguing that the Fifth Circuit’s decision in Rahimi – which held unconstitutional a federal law that prohibits individuals subject to domestic violence protection orders from possessing firearms – should be reversed because:
Temporarily disarming individuals subject to domestic violence protection orders is consistent with historic restrictions on Second Amendment rights.
The challenged law guarantees the core due process requirements: notice and an opportunity to be heard in a court of law – which gives the accused a chance to refute allegations before the order is issued.
Modern threats to public and individual safety demand modern solutions that are in keeping with the Founders’ intentions.
“The Second Amendment grants individuals the right to possess firearms for self-defense, but since the founding, laws have prohibited dangerous people from exercising that right,” said 97Percent Board Member Abra Belke, an attorney and former NRA lobbyist. “Our amicus brief argues for a middle-ground approach that temporarily disarms domestic abusers but ensures that those accused receive substantial due process protections. It’s a modern solution, entirely consistent with America’s founding principles.”
Many who oppose the challenged law believe that only convicted criminals should have their Second Amendment rights restricted. 97Percent’s brief illustrates that a criminal conviction is not required for the loss of other constitutionally-protected liberties and shows the lack of historical support for distinguishing between civil and criminal proceedings when disarming demonstrably dangerous people.
“Criminal proceedings often take months or years, placing victims in an untenable limbo where a judge has ruled that their abuser is a danger to their safety but can’t be temporarily disarmed in order to protect them from that threat,” added Belke, who has provided pro bono representation to victims of domestic violence.
While domestic violence protection orders are the product of modern laws that recognize women’s political rights and the threat of domestic violence in a way that did not exist in the founding era, 97Percent’s brief makes clear that the challenged law complies with the Bruen decision’s historical precedence test. The brief cites numerous examples of how the Founders prevented groups of people from possessing firearms based on perceptions of dangerousness – from Native Americans to rebels in Shays’ Rebellion.
“Courts are the ultimate backstop against Second Amendment violations. But, unlike legislatures, they cannot find and enact workable solutions for modern problems,” write Constance Van Kley and Rylee Sommers-Flanagan of Upper Seven Law, a Montana-based nonprofit law firm who prepared the brief. “Too heavy a hand threatens both public safety and the separation of powers.”
“97Percent’s supporters are gun owners, like myself, and non-gun owners who are proud to protect Second Amendment rights while seeking legislative solutions to America’s gun violence problem,” said Belke. “Our research with NORC and Dr. Michael Siegel at Tufts University School of Medicine found that 76.9% of gun owners support prohibiting gun possession by people subject to a domestic violence restraining order. Our brief argues on behalf of these gun owners for a constitutionally defensible process that protects the rights of the accused and temporarily disarms those who pose a threat to their loved ones and their communities.”
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About 97Percent
97Percent is a bipartisan group of gun owners and non-gun owners united in our mission to reduce gun-related deaths in America, while respecting the Second Amendment. We believe the way to do that is by changing the conversation around gun safety to include gun owners, conducting innovative research, and leveraging technology to make our communities safer.
Our name was inspired by a 2018 Quinnipiac University poll, which found that 97% of Americans support universal background checks: a critical gun safety policy that has yet to be made into federal law. While individual polls vary, support levels hover around 90% – a figure that represents unprecedented agreement on a topic generally viewed as intractable. We are committed to making progress on solutions that both non-gun owners and gun owners want to make our country safer.
For all press inquiries, please contact:
Stephanie Genuardi Cunnane
stephanie@97percent.us
215-896-8193