A new bill is making its rounds through the Missouri House of Representatives which would ban the purchase or ownership of a firearm from individuals who are being accused of domestic violence.
With this new law in place, police officers would be able to physically remove weapons from the possession of an individual during a domestic violence call — even before a conviction was in place. Gun rights opponents are elated at this potential victory, which would rip firearms from the hands of those who purchased them without the right to a fair hearing.
Instant Criminal Record
Not only must individuals give up their guns without a hearing, courts must also issue a full protection order once a hearing has been completed that will be forwarded to the State Highway Patrol.
The bill doesn’t stop there, either. The State Highway Patrol is further required to inform the National Instant Criminal Background Check system as well as the Federal Bureau of Investigation (FBI) anytime there is a stalking conviction — so the individual will no longer be allowed to possess a firearm at any time.
While it can be said that these laws are meant with the best of intentions to protect domestic violence victims, there is no getting around the fact that they are further infringing on the Second Amendment rights of individuals who are not yet convicted of any crimes. In essence, the law assumes guilt before a trial.
Moms In Action
Spearheading the initiative are individuals from the Moms Demand Action for Gun Sense in America, a group of abuse shelter advocates and survivors. They state the law is long overdue, as individuals with a long history of domestic abuse violence should not have unrestricted access to firearms.
The group is also seeking an injunction on allowing individuals to carry a concealed weapon on college campuses. If the past is any indication in Missouri, it’s likely that this bill will pass as several similar options have already received first-round approval in the House.
Missouri Following Other States in Law
Missouri is only the most recent state to attempt to push through a law of this nature. California, with its incredibly liberal populace, has already passed prohibitions on individuals who have been the subject of a restraining order or protective order, even a temporary one. Injunctions are also in place to prohibit firearm ownership or purchases by those accused of stalking, elderly abuse or intimidation. The law is extremely broad in its attempt to keep individuals from owning or purchasing firearms. Kansas is another state that has expanded its firearm restrictions to individuals accused of domestic violence misdemeanors, or those who have been the subject of a restraining order.
With more states making these decisions throughout the nation, it’s only a matter of time before the anti-gun lobbyists decide that they can get something pushed through at the national level that will even more severely limit the gun rights of Americans. The current federal law regarding domestic violence states only that firearm possession is prohibited by a much broader category of domestic rights offenders.
~ Firearm Daily
