| Photo by Sebastian Pichler on Unsplash
NEW YORK – In an amicus brief filed in the U.S. Supreme Court in United States v. Rahimi, Mayor Eric Adams and New York City Corporation Counsel Sylvia O. Hinds led a coalition of 15 cities and counties from across the nation in joining a legal fight to uphold a commonsense gun safety law and protect domestic abuse survivors, law enforcement, and others from gun violence.
According to the Legal Dictionary, amicus curiae is a Latin phrase that means “friend of the court.” It refers to a legal brief, called an amicus brief, that may be filed with an appellate court, including a supreme court, by a party not involved with a current case but in support of one side or another on the legal issue.
New York City and the other amici signaled their strong support for prohibiting individuals subject to domestic violence protective orders from possessing firearms. The City’s amicus brief argues that prohibiting people under domestic violence protective restraining orders from possessing a gun is consistent with the Second Amendment and a historical tradition of preventing dangerous individuals from accessing firearms.
After the U.S. Court of Appeals for the Fifth Circuit struck down the long-standing federal law preventing people with domestic violence protective orders from having guns in February, the Biden-Harris administration asked the Supreme Court to reverse the ruling and restore the law.
“Stopping dangerous people from owning dangerous weapons is a commonsense, constitutional way to prevent gun violence,” said Adams. “Getting rid of this essential law will do the exact opposite — exacerbating violence and endangering communities. In New York City, we are clear to survivors of domestic violence, victims of gun violence, and our law enforcement officers that their safety is our number one priority. That is why we are leading a coalition to file this amicus brief, restore an essential law, and continue the fight for a country free from gun violence.”
“Gun violence has plagued our cities and our nation,” said Corporation Counsel Hinds-Radix. “While we respect the constitutional rights of individuals to bear arms, we must be mindful of the risk of putting weapons into the hands of individuals who have shown themselves to be dangerous. This law plays a vital role in protecting our law enforcement, victims of domestic abuse, and all other citizens.”
The City’s amicus brief explains that the U.S. has a long-standing tradition of preventing dangerous people from possessing firearms. But for far too long in American history, federal law did not correctly recognize domestic abusers as dangerous. Recent decades have brought more protections for survivors of domestic violence, reflecting the dangers of allowing domestic abusers access to firearms. Every month, an average of 70 women are shot and killed by an intimate partner, and access to a gun makes it five times more likely that an abusive partner will kill their female victim.
The City said the loss of this domestic violence prohibitor would undermine efforts to prevent gun violence and protect survivors of domestic abuse. Domestic disturbance calls are among the most dangerous calls for police officers. Law enforcement officers — including New York City Detectives Jason Rivera and Wilbert Mora — have been shot in the line of duty responding to domestic violence calls. Without this law, those situations could be more frequent and even deadly.
In July, Adams offered a roadmap with upstream solutions to address gun violence throughout the five boroughs. The report builds upon the Adams administration’s work over the last 18 months to reduce shootings by double digits. It culminates months of engagement with communities most impacted by gun violence, including young people, whose feedback was critical in shaping the strategies and recommendations, which the report said will ensure the City continues to build on the public safety gains made since January 2022.
Joining New York’s brief are the cities of Baltimore, Maryland; Boston, Massachusetts; Chicago, Illinois; Indianapolis, Indiana; Los Angeles, California; Minneapolis, Minnesota; Philadelphia, Pennsylvania; Portland, Oregon; Sacramento, California; and Syracuse, New York; the City and County of San Francisco, California; and the counties of Los Angeles, California; King, Washington; and Santa Clara, California.
“It’s common sense that dangerous abusers should not have the right to possess a gun,” said Nick Suplina, senior vice president for law and policy at Everytown for Gun Safety. “The Supreme Court must prioritize the lives and safety of survivors and our communities by overturning the Fifth Circuit’s extreme and deadly decision in United States v. Rahimi or it will be a death sentence for women and families across the country.”
–With Ricky Rillera/PDM
