Tuesday, September 27

An appeals court ruled in favor of a man with a history of domestic abuse stating he can rightfully own a rifle or shotgun

New York City resident, Alex Taveras applied for a gun license and was denied because of a domestic abuse case in 2011. He was asking specifically for a rifle or shotgun license in order to protect himself at his residence in the Bronx in 2018. The officers who were in charge of reviewing his application found the domestic abuse case on his record from 2011 and subsequently denied him a license, citing the domestic abuse case and arrest from seven years prior.

The problem though was that the alleged victim of the 2011 domestic abuse case and arrest ultimately dropped the protective order issued against Alex Taveras and the charges were eventually dismissed.

Alex Taveras decided to then bring the case to the United States District Court for the Southern District of New York stating the ruling violated his Second Amendment rights. Taveras also sought to block New York City from denying other applicants based on allegations and orders of protection stemming from domestic violence that do not result in a conviction.

The court ruled against Alex Taveras stating in part that the law at the time only protected the “right of law-abiding, responsible citizens to use arms in defense” and because New York City’s regulations only burden those who are not law-abiding”, such as those who have a history of domestic abuse.

Despite, the domestic abuse charges being dropped, the courts ruled against Alex Taveras since it was in the public-safety interest to keep firearms away from those with a history of domestic abuse.

Recent rulings of the Supreme Court regarding the scope of the Second Amendment and how it should be applied forced the Court of Appeals, Second Circuit in New York on July 12, 2022, to overturn the initial ruling, and now Alex Taveras can be issued a license for a long gun.

The case is no. 21-398, Taveras v. New York City, and the full brief is below:

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