Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act

The proposed legislation is a proper exercise of Congress's power under Article I, Section 8, Clause 3 to regulate interstate commerce, as firearms and domestic violence both substantially affect interstate commerce. Additionally, the Second Amendment, as interpreted in Federalist No. 29, does not confer an unlimited right to bear arms; the militia and the security of a free state are the objects, and disarming those who pose a clear danger to public safety, such as domestic abusers, is consistent with the preservation of ordered liberty and the general welfare. The bill's extension of existin…

The Second Amendment secures the right of the people to keep and bear arms, a right essential to liberty. Yet this right is not absolute; it may be regulated to protect the innocent from violence. However, the Constitution grants the federal government only enumerated powers. The Tenth Amendment reserves to the states all powers not delegated, and the regulation of domestic relations and police powers traditionally belong to the states. This bill, if it seeks to disarm individuals based on allegations of domestic violence without a full judicial determination of guilt, risks violating the due …

The proposed law, by barring firearms possession to certain domestic violence offenders, touches upon both the Second Amendment right of the people and the reserved powers of the several States. Under the Constitution, the federal government possesses only enumerated powers, and the regulation of domestic relations and criminal conduct has traditionally fallen within the police powers of the States. Nevertheless, the Commerce Clause grants Congress authority to regulate interstate commerce, and firearms that have traveled in or affect such commerce may be subject to federal control. Moreover, …

The Constitution confers upon Congress the power to regulate commerce among the several states, and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. The regulation of firearms, particularly those possessed by individuals adjudged to be a threat to the peace and safety of others, falls within the ambit of this authority. The Second Amendment, while securing the right of the people to keep and bear arms, does not render that right absolute or beyond the reach of reasonable regulation. As this Court held in McCulloch v. Maryland, the means cho…