The Supreme Court’s conclusion in United States v. Rahimi evinces a gap in protection for victims of domestic violence. Due to remaining unclarity in the interpretation of historical analogues of the Second Amendment, and the fact that challenges to the Amendment will continue to be decided on a case-by-case basis, greater civil protection is needed where criminal remedies may not be available until it is too late. Because ensuring safety and preventing further harm are paramount goals of the federal government, statutory law that focuses on protecting victims of intimate partner violence while upholding the Supreme Court’s interpretation of Second Amendment rights is imperative.
This Comment advocates for legislative action in conjunction with incentivization measures for states to enact meaningful firearm relinquishment and removal laws upon a judicial determination that an individual is a credible threat to the safety of others. The proposed law components aim to strike a balance between an individual’s Second Amendment right and the need to ensure safety for victims and the public—mirroring the constitutionality outlined in the Rahimi majority’s analysis of historical surety laws.