NIWRC Urges the Supreme Court to Uphold Firearm Protections for Native Survivors of Domestic Violence

Link to press release here.

Brief of Amici Curiae in Support of Respondents here.

The National Indigenous Women’s Resource Center submitted an amicus in support of the DOJ’s case against two Maine men who violated federal law for possessing firearms when convicted of domestic violence.  The men argue that their reckless misdemeanors shouldn’t bar them from owning guns.

“Petitioners attempt to conflate ‘reckless’ domestic violence crimes with ‘accidents,’” NIWRC’s attorney, Mary Kathryn Nagle, a partner at Pipestem Law, PC, states.  “Domestic violence crimes prosecuted under tribal law, however, are not accidents.  Tribal Courts that prosecute for ‘reckless’ domestic violence crimes establish a standard that requires demonstrating the defendant acted with a ‘conscious disregard’ for the safety and welfare of the defendant’s intimate partner.  There is no doubt Congress intended for the Lautenberg Amendment to cover these crimes.”

Six Tribes signed onto the brief: Confederated Tribes of the Umatilla Indian Reservation, Eastern Band of Cherokee, Little Traverse Bay Bands of Odawa, Nottaweseppi Huron Band of Potawatomi, Seminole Nation, and Tulalip Tribes.  They are urging the Supreme Court to uphold the convictions for VAWA and Native women, who are more at risk to gun and domestic violence by repeat offenders.

One thought on “NIWRC Urges the Supreme Court to Uphold Firearm Protections for Native Survivors of Domestic Violence

  1. Lorintha Umtuch January 26, 2016 / 4:42 pm

    Native women need to be protected as statistics and court cases tell us Indian women need protection. The DOJ website tell us we need protection. Detractors want to keep their guns and hurt Indian women. They need to be stopped if they are violent.

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