Domestic violence in this era has escalated due to the increment in the legal ownership of weapons that has seen husbands drawing guns on their victims, normally wives and children. The due process clause in § 922(g) (9) allows gun owners to keep their weapons if they can prove that such ownership will not prove to be illegal in future. However, the depressing trend seems to be that once such formerly licensed owners regain possession of their weapons, 67% of the times they use them again and this time, fatally. Ordinarily, the cause of the reverse of licensing is a restraining order instituted against the by spouses and other victims and such is followed by a period of sterling behavior meant to lull the authorities, their victims and themselves into feeling safe but soon after, the authorities receive a call in the dead of the night reporting a murder or at times a suicide that culminated in their own death after having killed their spouses and families. Nevertheless, this is not always the case as some really reform or have a moment of rage that they spend the rest of their lives regretting. In US v. Shawn Danis, Mr. Danis’ license was revoked after he was charged with a misdemeanor when he assaulted his live in girlfriend as the time (Lemon, 2005, p. 1080). The court of appeal reaffirmed the lower court’s decision. The same case in US v Lipmann where Lipman too had a restraining order granted after his girlfriend filed a report for domestic violence. In Lipmann’s case, the court relied on United States v. Emerson, 270 F.3d 203, 260-64 (5th Cir.2001), cert. denied, 536 U.S. 907, 122 S.Ct. 2362, 153 L.Ed.2d 184 (2002) to order that it was not unconstitutional for the lower court to have so ordered that his license stay revoked because of his criminal history (Lemon, 2005, p. 1087). This pattern if further proof of the volatile nature of people who have had a restraining order imposed on them. The bench is clearly unwilling to place their weapons back in their grasp as the inadvertent end is too damning.
It is noteworthy that domestic violence is related to delinquency and drug abuse. There is a psychological link between children who suffered domestic abuse in the hands of a parent transferring that abuse to their own families when they get them and this transcends both genders. Additionally, drug abusers are more susceptible to this trait and this brings an interesting dimension to the subject because law enforcers are involved. Research into native American interaction with the law enforcement agency- the police, shows that they have not been treated with utmost courtesy. During raids, for instance in the 2003 raids, a group of eight officers went into and Indian family’s home and searched them for drugs. This was not so bad until they dragged their fifteen year old girl out of the shower and handcuffed her while she was still stark naked, forcing her to stand in front of three officers while they taunted her about cleaning up nicely! The same is reported by black American citizens and it leads one to question the integrity as well as competence of these law enforcers in the light of domestic violence claims. However, again, not all law enforcers are as unethical and this is encouraging.
Reference list
Lemon, N. (2005). Domestic Violence Law. Thomson/West.