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I hesitate to write this letter because I firmly believe that domestic abusers should not be allowed to have firearms. However, I think Supreme Court Justice Clarence Thomas was right in his dissent of the court’s decision upholding the law disarming respondents in domestic abuse restraining order cases (”Gun law to disarm abusers is upheld,” June 22).
In his dissent, Thomas states, “The question is whether the Government can strip the Second Amendment right of anyone subject to a protective order — even if he has never been accused or convicted of a crime.”
Domestic abuse restraining orders are heard in civil court, not criminal court. As such, the level of proof in this civil proceeding is “a fair preponderance of the evidence.” This means that, if the case goes to trial, for the court to issue the restraining order, it must find that the allegations are more likely true than untrue. In criminal court, the level of proof is “beyond a reasonable doubt.” It seems to me that a “preponderance of the evidence” is a very low threshold to take away a person’s constitutional right.
Not only that, sometimes the respondent in a restraining order hearing denies the allegations but agrees that the order can issue. In this case, the court simply issues the order without making any findings as to whether the allegations are true. This is an extremely low bar to take away a constitutional right.
It should be a big deal to take away someone’s constitutional right. When someone is found guilty of domestic abuse in criminal court, take away his guns. Not in civil court.
Mitch Anderson, Eagan