Senate Committee Hears Both Sides of Gun Control, Public Safety Debate

In light of New York State Rifle and Pistol Association v. Bruen, the Senate Judiciary Committee heard both sides of gun control in a hearing that was intended to preserve public safety. The court overturned a New York state law making it difficult to obtain concealed weapon permits.

Bruen stipulates that courts must look at both the text and history of firearms regulations before deciding on a law. Courts used a “history and means-end scrutiny” Test your ability to evaluate the law against the context of Constitutional principles, current issues and conditions.

Dick Durbin, D-Ill., is the chairman of the committee. He said that Bruen does not take into consideration modern technological, legal and social issues. At the March 15 hearing, Durbin stated that founders knew little about modern firearms.

“I don’t believe the founders of this nation would want this radical new framework,” Durbin spoke.

Sen. Lindsey Graham, R-S.C., countered that upwards to 1.7million Americans have guns for self-defense each year. He stated that the founding fathers believed the most important principles were the freedom to express oneself and the right to defend oneself and property.

Graham stated that Congress should not be attempting to limit lawful gun ownership. Instead, he suggested that Congress should work on bipartisan legislation to combat violent crime.

“[Republicans] haven’t found bipartisan support for pursuing those who commit crime,” Graham said.

Ruth M. Glenn was the president of the National Coalition Against Domestic Violence. Eric Ruben was an assistant professor at SMU Dedman School of Law, Dallas, Texas. Stephen Lindley was program manager, Combating Crime Guns Initiative for Brady in Los Angeles. Amy Swearer was senior legal fellow at Edwin Meese II Center for Legal and Judicial Studies of Heritage Foundation. Rafael Mangual is the Nick Ohnell Fellow and head of Research for the Policing and Public Safety Initiative at the Manhattan Institute in New York.

Glenn shared with the committee her concern over the negative impact that Bruen had already had on her life as a domestic violence survivor. She pointed out the United States V. Rahimi, Fifth Circuit Court of Appeals, which struck down a federal law prohibiting anyone subject to a domestic violence protective order from owning a gun.

She explained that an abusive male partner with access to a firearm makes it five times more likely for a female partner to be murdered.

Zackey Rahimi was involved in numerous altercations during which he fired his gun. He was eventually arrested and charged with possessing firearm while under civil protection orders. Rahimi pleaded guilty, but he appealed to the Bruen decision.

Swearer claimed that more problems than Rahimi’s access to a gun are revealed by a review of Rahimi’s case. Swearer said that Rahimi was guilty of many other crimes that would have sent him to prison. She claimed that Rahimi’s case is an example of how gun laws are not effective against people who refuse to obey them.

“It’s not Bruen that gets women killed,” She told the committee.

“It’s terrible criminal justice policies that get women killed.”