Scholarship Highlight: Police & Domestic Violence, Bruen in the States

The scholarship highlighted in this post does not necessarily represent the views of the Duke Center for Firearms Law.

Two new pieces of legal scholarship are forthcoming in the Arizona State Law Journal that deal with issues of firearms and Second Amendment law. 

First, Michal Buchhandler-Raphael examines the role of police in responding to domestic violence.  Buchhandler-Raphael argues that “[t]he upshot of th[e Rahimi] decision is that fewer abusers will possess firearms, thus decreasing the need for armed responders in all domestic violence interventions.”  And she advocates for an increased role for civilian responders and “strategies [that] include establishing a specialized phone number, creating a unified dispatch system, and training civilian responders to effectively handle such situations.”

Second, Quinn Yeargain’s article Ratifying Bruen in the States will also be published by the journal next year.  Professor Yeargain presented his article, which examines how challenges to gun laws under state constitutional right to keep and bear arms provisions might become increasingly important post-Bruen, at the Center’s 2024 Firearms Law Works-In-Progress Conference.  This follow-on blog post summarizes the project.

Michal Buchhandler-Raphael, Police Minimalism in Domestic Violence, Ariz. St. L.J. (forthcoming 2025)

Abstract

The United States Supreme Court’s June 2024 decision in U.S. v. Rahimi upheld the constitutionality of the federal ban on gun possession for individuals under domestic violence restraining orders. This ruling underscores the question: is armed police response always warranted in domestic violence incidents? As primary responders to most emergencies, police dedicate much of their time to handling domestic incidents. Data suggests that calls related to such incidents form the majority of police call-outs, ranging from fifteen to potentially over fifty percent, depending on the jurisdiction. And yet, police are unequipped and ill-suited for this work. As with law enforcement’s recent involvement in dismantling encampments on college campuses, police response, with its tactics of arrests and the use of force, is questionably suited to complex social issues. In the context of domestic violence, properly responding requires expertise and training in mediation, social work, and victim assistance–qualifications that police officers typically lack.

The police’s role as default first responders stems not from their suitability for managing family crises but from a lack of other viable strategies. While many jurisdictions are experimenting with novel programs that incorporate trained civilian responders to address emergencies like mental health crises and drug overdoses, such initiatives do not yet cover domestic violence incidents.

This Article advocates for jurisdictions to explore alternative responses. It proposes the integration of civilian responders, either as co-responders or independent actors, depending on the specific safety risks of each case as determined by risk assessment tools. These diversified responder models are designed to recognize that while police involvement in domestic violence situations can sometimes be inevitable, it should be reduced to the necessary minimum to protect against potential violence. The Rahimi decision further bolsters the non-police response to domestic violence, as survivors have access to a civil remedy to ensure their protection. Further, this remedy increases the viability of diversified responder models; as fewer abusers possess firearms, the rationale for armed police response to domestic violence weakens.

Quinn Yeargain, Ratifying Bruen in the States, Ariz. St. L.J. (forthcoming 2025)