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U.S. Supreme Court hears case challenging ban on firearms for domestic violence restraining orders

The U.S. Supreme Court heard arguments Tuesday in a case that challenges a federal ban on firearms for people under domestic violence restraining orders.
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MILWAUKEE — The U.S. Supreme Court heard arguments Tuesday in a case that challenges a federal ban on firearms for people under domestic violence restraining orders.

As the leader of Wisconsin’s largest service provider for families dealing with domestic violence, Carmen Pitre knows better than most the impact domestic violence has on the Milwaukee community. She says it’s never been worse.

“We’re in an epidemic,” she said. "We’re in a state of emergency.”

Pitre says one of the only safeguards for survivors has been in effect for more than 30 years.

A federal law bans those who have domestic violence restraining orders filed against them from temporarily possessing firearms or buying new guns from licensed dealers.

FBI data shows it’s blocked 77,000 attempted firearm purchases since 1998.

“People want to say it’s an argument about second amendment rights,” Pitre said. “For me, it’s about the protection for people who are being hurt and harmed.“

Now, the U.S. Supreme Court is set to decide whether that federal ban is constitutional.

“What would your concerns be for domestic violence victims if this is overturned?” TMJ4 reporter Ben Jordan asked.

“I think more women will be murdered,” Pitre said. “Plain and simple.”

A new report from End Abuse Wisconsin shows the state saw a record 96 domestic violence-related homicides last year. The author of that report tells TMJ4 that 85 of those victims were shot and killed.

"Someone willing to kill someone doesn't care about a piece of paper,” said Nik Clark.

Clark is the leader of Wisconsin Carry, a gun rights advocacy group. He says he wants the ban to be overturned.

"The kind of person that would commit violence against another person using a gun doesn't care an ounce about these restraining orders,” Clark said.

He says the Azana Spa mass shooting from more than a decade ago is a tragic example of domestic violence restraining orders being ineffective.

The gunman had a restraining order filed against him a few days before the shooting. He then bought a gun from a private seller who wasn’t required to do a background check. He shot seven people that day. Three of the victims died, including his wife.

"The kind of person who gets falsely accused is the kind of person that we’re worried about with a case like this because they want to be able to go hunting in two weeks, they want to be able to protect themselves,” Clark said.

The U.S. Supreme Court isn’t expected to make a ruling on this case until next June.


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