Brady Responds to Fifth Circuit Ruling on Domestic Violence Gun Ban

Washington, D.C., February 3, 2023 – On Thursday, the Fifth Circuit Court of Appeals ruled that the federal law prohibiting people subject to domestic violence restraining orders from possessing firearms is unconstitutional.

Brady President Kris Brown shared:

“The Fifth Circuit’s ruling is a devastating blow to public safety, needlessly puts lives at risk, and is a gross misinterpretation of the Second Amendment. In America, firearms are the weapons of choice for domestic violence homicides, with female intimate partners more likely to be murdered with a gun than by all other means combined. Further, 60% of mass shooting events in the U.S. between 2014 and 2019 were either domestic violence attacks or perpetrated by those with a history of domestic violence. Gun-related domestic violence demands immediate action, not the removal of the few protections left to prevent this incomprehensible trauma.

“This deeply flawed ruling also ignores the explicit language in Heller about granting the right to possess and use firearms to ‘law-abiding, responsible citizens’ and prohibiting possession for categories of people, such as ‘felons and the mentally ill.’ The ruling will only put survivors of domestic violence and their families at risk and undermines the very purpose of having laws in place to prevent unfettered access to firearms to those who shouldn’t have them. We trust that the federal government will be seeking further review, and we will not rest until all Americans are protected from the devastating threat of gun violence."

Brady Chief Legal Officer, and former Jan. 6 top litigation attorney Doug Letter, and Legal Litigation Counsel Shira Feldman are available for interview live, via phone, or Zoom, and can discuss:

  • The Fifth Circuit’s recent decision and its impact on gun laws;

  • The implication of the court’s Bruen decision and its effect on Second Amendment rights;

  • The historical and current dangers of firearms in the hands of domestic abusers;

  • The importance of federal gun laws to protect survivors and their families; and

  • Brady’s efforts fighting against dangerous and irresponsible judicial decisions that put lives at risk.


Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.

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