Lowendick Law Office
For A Free Consultation
Menu Contact
View Our Practice Areas

The availability of weapons during divorce; can it be restricted?

A new bill in Georgia does have the potential to help with domestic violence and danger during divorce. A state lawmaker pre-filed a bill that could make it harder for those going through a divorce to get a gun; this is partially in response to some fears that anxiety, tension and drama during a divorce could lead to serious harm coming to one party or the other. However, this is a bill that will face significant challenges thanks to the given right to carry guns in the United States.

According to the bill, anyone in the middle of a divorce would be unable to purchase a gun. If the judge presiding over the divorce agreed, then the person would be able to purchase a gun. To get a judge to agree, it's likely the person would need to provide a good reason for purchasing the weapon.

While this bill comes with good intentions, the likelihood of it passing is slim. Many believe it's unconstitutional, and since potential buyers don't have to present divorce papers or marital records to buy a gun, it would be hard to stop them. All gun stores require is a federal background check, so if an individual has no convictions, he or she should be able to purchase a gun.

Another problem is that restricting the right to purchase a gun presumes that a person could commit a crime, even if that isn't the case. It's not fair to assume all people going through a divorce who attempt to purchase a gun are doing so with the intention to harm another person or themselves.

Source: 90.1 WABE, "Georgia Bill Would Restrict Gun Buying During Divorce," Mitchell Eloy, accessed Jan. 27, 2016

No Comments

Leave a comment
Comment Information