On Aug. 21, Prosecutors Against Gun Violence (PAGV) filed an Amicus Curiae brief after the 5th U.S. Circuit Court of Appeals in Texas ruled in favor of a defendant who claimed an indictment by a federal grand jury for firearm possession while under a domestic violence restraining order violated his constitutional rights.
“The Fifth Circuit’s decision removed a vital tool to disarm abusive or dangerous domestic partners and prevent tragedy. We are alarmed by the prospect that the decision would be upheld, because it will create a grave risk to domestic violence victims/survivors throughout the nation,” said PAGV co-chairs Darcel D. Clark, Bronx County District Attorney; and Zach Klein, Columbus City Attorney, in a news release. “We thank Shipman & Goodwin, LLP for composing and submitting the brief on our behalf.”
The PAGV ‘Friend of the Court’ brief highlights that domestic violence offenses are among the most serious, as domestic abuse may escalate to grievous assault incidents and even homicide. They are also among the toughest to prosecute, as victims often fear reprisal for pressing charges.
The brief states, “This Court’s decision also could affect the validity of gun prohibitions included in orders of protection or in conditions of pretrial release in Domestic-violence cases—as well as prosecutors’ ability to enforce these provisions via contempt or other means. The outcome will thus have significant consequences on the ability of both federal and state authorities to protect Domestic-violence victims. In the last several centuries, our Nation has made profound strides in shielding intimate partners from domestic violence. There is much work to be done, and PAGV’s members are on the front lines of these efforts… The Fifth Circuit’s decision should be reversed.”
To read the brief, please click here.
