A federal court ruling removes protections for domestic violence survivors, allowing those convicted of misdemeanor crimes to possess firearms.
The 9th Circuit Court of Appeals made a ruling at the end of 2024.
Every year more than 750 women are shot to death in America by a partner.
And a victim or survivor is five times more likely to die from domestic violence if the abuser has access to a gun.
Those advocating for victims and survivors of domestic violence raised concerns about a person convicted of misdemeanor partner or family member assault having a gun.
“It almost guarantees there will be death, having the gun involved in the situation,” said Amy Aguirre, director of Angela’s Piazza, a walk-in shelter. "It almost guarantees that."
Domestic violence calls can be among the most dangerous for law enforcement, and when weapons are involved, the danger for all involved multiplies.
“If there's a gun in the home, it's five times more likely or 500 percent more likely that they end in homicide,” said Erin Lambert, C.E.O. for the YWCA, which works with the Family Justice Center that helps survivors and victims.
Some are concerned with the ruling.
A three-judge panel found a federal firearms ban for people convicted of misdemeanor domestic violence crimes no longer applies to Montana's domestic abuse laws.
U.S. Attorney Jesse Laslovich could not comment on the specifics of the case, but said judges and prosecutors will no longer be able to keep a firearm away from an offender.
“Based on the definition in Montana, state law being too broad, we can't indict them under that federal statute,” Laslovich said.
The change stems from last week's unanimous ruling in the case of Michael DeFrance.
In 2013, DeFrance pleaded guilty to a misdemeanor crime of domestic violence for assaulting Jermain Charlo, his girlfriend.
Charlo has been missing since June of 2018.
Law enforcement later found De France with 3 firearms.
A federal grand jury indicted De France on one count of violating a law that forbids the possession of firearms by anyone convicted of a misdemeanor crime of domestic violence.
The federal law also states that crime has, as an element, the use or attempted use of physical force.
The appeals court judges say that the Montana law under which DeFrance pleaded guilty, does not have that element.
Because of that, the federal law preventing DeFrance from having a gun does not apply.
“They're saying crimes of violence have to truly be crimes of violence,” Laslovich said. “And there can't be a possibility that the crime occurred because of emotional distress.”
“Knowing that he has access to those weapons though is very frightening,” Aguirre said about abusers who can get a gun.
The court stated the result of this case would be different if Montana's laws were less protective of domestic violence victims.
Some say while the law may not bar guns from those convicted, it does offer more accountability.
“We also have a lot of fantastic success stories,” Lambert said. "People who are able to safely escape a relationship and rebuild their life and move on and it's possible to address the issue. We just have to be diligent.”
A court document states: "DeFrance’s convictions are AFFIRMED IN PART and REVERSED IN PART, the sentence is VACATED, and the case is REMANDED for resentencing or for other proceedings consistent with the judgment of this court."
