Governor Gavin Newsom has taken a strong stance in defense of federal laws that prevent individuals under domestic violence restraining orders from owning firearms. This move comes in response to the Supreme Court case United States v. Rahimi, which is being heard following the Fifth Circuit Court of Appeals’ decision deeming the federal “red flag” law unconstitutional under the Second Amendment.
Governor Newsom’s amicus brief argues that the lower court misinterpreted the Supreme Court’s Bruen decision from the previous year. He asserts that the federal government’s authority to establish gun regulations aimed at safeguarding families from dangerous individuals is rooted in a well-established historical tradition.
In his statement, Governor Newsom emphasized the straightforward principle that individuals with a history of domestic abuse should not possess firearms. He maintains that the Constitution supports gun safety laws and highlights that the Second Amendment should not be interpreted as a guarantee of unlimited gun ownership.
California, under Governor Newsom’s leadership, has already implemented its own red flag laws allowing victims of domestic violence to seek protective orders against their abusers’ access to firearms. Similarly, 45 other states have enacted comparable laws to prevent those under domestic violence restraining orders from acquiring guns. These measures have proven effective in preventing potential violence and saving lives.
The amicus brief crafted by Governor Newsom bolsters the federal government’s ability to establish sensible gun safety laws. It builds upon California’s ongoing efforts to mitigate gun violence, support survivors, and ultimately save lives. Recently, the Governor proposed a groundbreaking constitutional amendment aimed at addressing the gun violence crisis.
He also signed a series of gun safety laws, including provisions to facilitate lawsuits against manufacturers of illegal assault weapons, tighten restrictions on ghost guns, and limit marketing to minors. Moreover, Governor Newsom initiated an 18-month campaign promoting gun violence restraining orders, which have already thwarted 58 potential mass shootings since 2016, according to a study from the Violence Prevention Research Program at the University of California, Davis.
The effectiveness of California’s gun safety laws is evident. In 2021, the Giffords Law Center ranked California as the top state for gun safety. The state’s gun death rate was 43% lower than the national average, with 8.5 gun-related deaths per 100,000 individuals, as compared to the national average of 13.7 deaths per 100,000. This remarkable statistic places California ahead of states like Mississippi, Oklahoma, and Texas in terms of gun safety.
Governor Newsom’s stance on gun safety aligns with his commitment to protecting citizens from potential harm while upholding constitutional principles. The outcome of the Supreme Court case United States v. Rahimi will play a crucial role in shaping the future of federal gun regulations and their alignment with the Second Amendment.