Saturday, March 29, 2014

Domestic Violence And Guns Don't Mix - And A Better Background Check Law Could Save Women's Lives

There are a few facts that are beyond debate. That women in the United States are 11 times more likely to be murdered with a gun than women in other high-income countries. That the presence of a gun in a domestic violence situation increases the risk of homicide for women by 500%. And that the majority of women murdered with a gun are killed by their spouse or intimate partners (either current or ex) -- which means a woman is more likely to be killed by her domestic partner than by a criminal.

These facts are why a federal law was passed preventing someone with a domestic violence conviction (even a misdemeanor conviction for domestic violence) from owning or possessing a gun. Recently, gun rights groups tried to use a Tennessee case to weaken that federal law. A man, who had been buying guns and selling them on the black market, was arrested and charged with possession of a gun by a person convicted of misdemeanor domestic violence. He tried to get his conviction overturned by claiming the Tennessee law on domestic violence (which he had pled guilty to) didn't specify domestic violence had to include physical force.

But the United States Supreme Court wasn't buying his ridiculous argument. They reinstated his conviction (which had been tossed out by a lower court judge). Writing for the majority, Justice Sotomayor said it was sufficient that he had pled guilty to having "intentionally or knowingly caused bodily injury to" his child's mother. This decision removes any doubt as to whether a misdemeanor domestic violence conviction is sufficient to deny the right to possess a firearm, and if the federal law is enforced it should save a lot of women's lives.

One of the best ways to enforce this constitutional law is to make sure a background check is done before a gun is sold. These background checks will expose any convictions for domestic violence -- and between 1998 and 2012 some 143,852 gun sales were denied because of domestic violence convictions or restraining orders.

The problem though is that far too many gun sales in this country are done without a background check (over 6.6 million in 2012) -- and that makes it easy for a domestic violence abuser to get his hands on a gun. This happens because many gunshot sales, sales between private individuals, and internet sales are not subject to a background check (thanks to the refusal of Congress to plug these glaring loopholes in the background check law).

Domestic abusers have already shown they are prone to violence -- and if they are violent to those they claim to love, then how much more violent could they be to someone else if angered? The law restricting their purchase or possession of a firearm should be strictly enforced -- both by the swift action of law enforcement and by a good background check law.

The Supreme Court has done its part. Now it is time for Congress to do its part -- and plug up the holes in the background check law. The people want this because they know it will save countless lives. And the inaction by Congress to fix the background check law is inexcusable.

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