Domestic Violence Victims Need the Second Amendment: Paper – Crime Report
Preserving the Second Amendment right to bear arms is critical for women in situations where they face life-threatening domestic abuse, argues a law professor at George Mason University.
Certainly it is difficult for a woman to adequately defend herself against a man, but when armed for her self-defense she has a chance to deter him and survive, Joyce Lee Malcolm, a Second Amendment Constitutional Law professor at GMUs Antonin Scalia Law School, wrote in a recent Liberty & Law Center Research Paper.
Restraining orders against abusive partners often fail to deter violence, she maintained, citing a study in the Journal of American Psychiatry and the Law, which found that out of nearly 36,000 cases where protection orders had been involved, 18 percent had been violated.
The study also found that 50 percent of those with a temporary restraining order reported unwanted contact in that time frame, while 75 percent of women reported some unlawful contact within the first year of the orders implementation.
In other words, Malcolm claimed, the police failed to protect the victim from their abuser, and many of them have lost their lives because of itbut she maintained law enforcement is not necessarily at fault.
The police simply cannot be on the spot, even when they have reason to know that a violent crime may occur, she wrote.
Malcolm used the example of domestic violence to counter some of the most common arguments against the right to bear arms, arguing that the right to self defense is unalienable, and shouldnt be ignored in this time of peril.
Noting that the claim that citizens dont need firearms because police offer sufficient protection, Malcolm argued that advances in police technology and stiff criminal penalties have not made people safer, according to Malcolm.
Malcolm called it a false belief that citizens licensed to carry a weapon are a danger to public safety and cause an increase in crime.
To support that claim, Malcolm compared FBI violent crime statistics to the timeframes when each state allowed open carry or concealed-carry permits.
From 1993, when violent crime was at its highest, to 2018, when serious violent crime fell 51 percent, Malcolm notes that nearly every state adopted some form of concealed or open carry legislation.
The Bureau of Justice Statistics also found that violent crime correlating with that same period of time fell 71 percent.
In short, the rate of violent crime plummeted at the same time that the numbers of Americans permitted to carry a gun soared, Malcolm explained.
Malcolm conceded that success has many fathers and that changes in the economy and approaches to law enforcement could have impacted the plummeting violent crime rates as well.
But she argued there is a connection between lawfully arming citizens and thousands of incidents where Americans were able to protect themselves and their families.
A 2013 report by the Centers for Disease Control and Prevention found the number of times firearms were used for self-defense ranged anywhere between 500,000 times and 3 million times a year.
In another study, the authors point out that as many as 400,000 people a year claim not only to have used a gun to defend themselves, but have also used a firearm to defend others.
This has almost certainly saved lives, and cannot be dismissed as trivial, the paper said.
To offer another perspective about what America would look like if the right to self defense is taken away, Malcolm pointed to England, where, she claimed, the right to self-defense has been effectually removed.
Following World War I, the British Parliament required citizens to get licenses from their local police departments and fit a strict list of requirements that only got stricter as time went on.
However, Malcolm notes that criminals dont abide by the law; so they are not following these handgun outlaws, allowing them to be the only citizens in Britain with firearms.
Moreover, for even law abiding citizens in a state of crisis, Extreme force has been ruled unjustifiable when there was an attempt merely to attack or destroy property, including someone breaking into your house, Malcolm writes.
She continues, The public has been instructed to leave their defense to the police, and to walk on by and call the police if they see someone being attacked.
Not surprisingly, Malcolm writes, crime in Britain following these restrictions soared.
Nevertheless, Malcolms argument was countered by an assertion in the New York Times that gun deaths remain extremely rare in Britain, and very few people, even police officers, carry firearms.
To that end, Malcolm concludes, This British history eerily evokes the policy preferences of todays American progressives eager to take guns out of the hands of citizens in the name of public safety, leaving them to rely for protection on the police.
Malcolm quotes Supreme Court Justice ClarenceThomas, who once referred to the Second Amendment as a constitutional orphan.
If so it is an orphan neglected by the courts, but clung to by the people who are not waiting for the authorities to come by later to pick up the pieces, but who are prepared to defend themselves and their loved ones, Malcolm wrote.
Joyce Lee Malcolm is the Patrick Henry Professor of Constitutional Law and the Second Amendment at George Mason Universitys Antonin Scalia Law School.
The full paper can be accessed here.
This summary was prepared by TCR staff writer Andrea Cipriano
Read this article:
Domestic Violence Victims Need the Second Amendment: Paper - Crime Report
- A SCOTUS Petition Argues That the Second Amendment Requires Carry-Permit Reciprocity - Yahoo - September 8th, 2026 [September 8th, 2026]
- SCI and Sportsmen's Alliance Foundation Urge Supreme Court to Extend Second Amendment to Commonly Used Hunting Firearms - The Outdoor Wire | The... - September 8th, 2026 [September 8th, 2026]
- Louisiana Second Amendment sales tax holiday offers savings on guns and ammo this weekend - WBRZ - September 8th, 2026 [September 8th, 2026]
- Higgins Leads Roundtable on Suppressors and Their Relationship with the Second Amendment - House.gov - September 8th, 2026 [September 8th, 2026]
- Second Amendment Roundup: 1st Volley of Briefs Filed in Viramontes - inkl - September 8th, 2026 [September 8th, 2026]
- Until the Second Amendment is repealed, I will own an assault rifle - The Commonwealth Times - August 29th, 2026 [August 29th, 2026]
- Suppressing the Second Amendment: Examining DOJ's Posture Toward Firearm Suppressors - House.gov - August 29th, 2026 [August 29th, 2026]
- Second amendment holiday starts with a boom - The Daily Corinthian - August 29th, 2026 [August 29th, 2026]
- Nearly 2,000 sign petition opposing Flock cameras based on Second Amendment privacy concerns - 1819 News - August 29th, 2026 [August 29th, 2026]
- Second Amendment could include owning cannons, heavily armed ships: UPenn law professor - The College Fix - August 14th, 2026 [August 14th, 2026]
- The New York Timess right to kill story gets the Second Amendment backward - Washington Examiner - August 14th, 2026 [August 14th, 2026]
- DOJ holds off on appeal of gun law, giving hope to Second Amendment groups - Baltimore Sun - August 14th, 2026 [August 14th, 2026]
- PLAINTIFFS SUBMIT LETTER TO DOJ/ATF SEEKING CLARITY IN NFA INJUNCTION RULING - Second Amendment Foundation - August 14th, 2026 [August 14th, 2026]
- Press Release: Jimmy Patronis Joins GOP Letter Urging DOJ to Back Second Amendment Ruling - Quiver Quantitative - August 14th, 2026 [August 14th, 2026]
- El-Sayed argued against the Second Amendment in unearthed social media videos - WFIN - August 14th, 2026 [August 14th, 2026]
- Dunlap and LePage try to outgun each other over support for Second Amendment - Maine Morning Star - August 11th, 2026 [August 11th, 2026]
- Second Amendment Advocate Takes Fight to Washington - The South Shore Press - August 9th, 2026 [August 9th, 2026]
- SAF FILES MOTION FOR PRELIMINARY INJUNCTION IN CA GLOCK BAN LAWSUIT - Second Amendment Foundation - August 9th, 2026 [August 9th, 2026]
- Second Amendment Foundation Weighs In On Proposed ATF Rule Changes - AOL.com - August 9th, 2026 [August 9th, 2026]
- Ask Jordan: Is a personal nuclear weapon protected by the Second Amendment? - MS NOW - July 24th, 2026 [July 24th, 2026]
- Ammunition Depot and NRA Partner to Expand Support for Second Amendment Litigation - American Rifleman - July 24th, 2026 [July 24th, 2026]
- Constitutional Second Amendment Assault-style firearms - Rhode Island Lawyers Weekly - July 24th, 2026 [July 24th, 2026]
- Virgin Islands US Second Amendment - Rutland Herald - July 24th, 2026 [July 24th, 2026]
- Second Amendment freedom guarantees all our freedoms - Washington Times - July 24th, 2026 [July 24th, 2026]
- Virgin Islands US Second Amendment - The Herald Journal - July 24th, 2026 [July 24th, 2026]
- Supreme Court Makes the Right Call on the Second Amendment - Daily Signal - July 24th, 2026 [July 24th, 2026]
- SAF FILES MOTION FOR PRELIMINARY INJUNCTION IN MARYLAND GLOCK BAN CASE - Second Amendment Foundation - July 24th, 2026 [July 24th, 2026]
- Irans Unarmed Citizens Show Why the Second Amendment Still Matters - NSSF | The Firearm Industry Trade Association - July 18th, 2026 [July 18th, 2026]
- Trump-appointed 9th Circuit judge implores SCOTUS to issue 'benchslaps' over Second Amendment - Law and Crime News - July 18th, 2026 [July 18th, 2026]
- THIRD CIRCUIT STRIKES DOWN NEW JERSEY ASSAULT WEAPONS BAN, BOLSTERING SAFS CASES BEFORE THE SUPREME COURT - Second Amendment Foundation - July 18th, 2026 [July 18th, 2026]
- Schmidt Issues Statement on Second Amendment Preservation Act - Ohio House of Representatives (.gov) - July 18th, 2026 [July 18th, 2026]
- SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment - Yahoo - June 24th, 2026 [June 24th, 2026]
- 'Why would only the Second Amendment right have this litmus test?': Gun law analyst breaks down WA's 83% background check fee hike - MyNorthwest.com - June 24th, 2026 [June 24th, 2026]
- Supreme Court: Law Cited in Hunter Biden Case Violates the Second Amendment - National Review - June 24th, 2026 [June 24th, 2026]
- SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment - Reason Magazine - June 24th, 2026 [June 24th, 2026]
- CCRKBA Hails Unanimous SCOTUS Ruling on Second Amendment - Outdoor Wire - June 24th, 2026 [June 24th, 2026]
- Second Amendment Foundation Fights to Extend Under-21 Handgun Ban Victory Nationwide - USA Carry - June 24th, 2026 [June 24th, 2026]
- Supreme Court Makes It Clear There Is No Drug Exception to the Second Amendment - Reason Magazine - June 24th, 2026 [June 24th, 2026]
- SAF THROWS SUPPORT BEHIND FORMER VIRGINIA AG'S ASSAULT WEAPONS BAN CHALLENGE - Second Amendment Foundation - June 17th, 2026 [June 17th, 2026]
- Curtis, Colleagues Introduce Bill to Increase Second Amendment Protections Against Frivolous Lawsuits - Senator John Curtis (.gov) - June 14th, 2026 [June 14th, 2026]
- No Second Amendment Protection for Heroin Trafficker: News Article - Independent Institute - June 14th, 2026 [June 14th, 2026]
- The Second Amendment separates us from Britain - Washington Examiner - June 14th, 2026 [June 14th, 2026]
- Second Amendment fights grow across several states over 3D-printed gun laws - Yahoo - June 12th, 2026 [June 12th, 2026]
- Chaffee County Patriots to Host Town Hall on the Second Amendment - Heart of the Rockies Radio | - June 12th, 2026 [June 12th, 2026]
- Justice Department investigating Philadelphia for possible Second Amendment violations in gun permitting process - CBS News - June 12th, 2026 [June 12th, 2026]
- Patriots to host Second Amendment town hall June 11 - The Mountain Mail - June 12th, 2026 [June 12th, 2026]
- Florida Agrees to Kill Its 3-Day Gun Waiting Period, Concedes It Violates the Second Amendment - USA Carry - June 12th, 2026 [June 12th, 2026]
- The curious case where the Trump Administration is challenging the Second Amendment: All the way to the Supreme Court - Daily Kos - June 12th, 2026 [June 12th, 2026]
- Gun insurance could save lives without infringing on Second Amendment rights | Opinion - PennLive.com - June 7th, 2026 [June 7th, 2026]
- Michael Gates Could Change Everything for Second Amendment Rights in California - California Rifle & Pistol Association - May 31st, 2026 [May 31st, 2026]
- Second Amendment Must be Safeguarded Against Overreach - House.gov - May 17th, 2026 [May 17th, 2026]
- Hearing Wrap Up: Second Amendment Must be Safeguarded Against Overreach - House.gov - May 17th, 2026 [May 17th, 2026]
- Higgins Opens Hearing on Privacy Protections and the Second Amendment - House.gov - May 17th, 2026 [May 17th, 2026]
- Griffith Statement on Spanberger Support of Anti-Second Amendment Bills - Patriot Publishing LLC - May 17th, 2026 [May 17th, 2026]
- The Trump Administration Is a Powerful but Unreliable Ally of Second Amendment Advocates - Reason Magazine - May 13th, 2026 [May 13th, 2026]
- Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further - Yahoo - May 13th, 2026 [May 13th, 2026]
- How the ACLU Started Defending the Second Amendment - Reason Magazine - May 13th, 2026 [May 13th, 2026]
- ASU grad bridges disciplines and perspectives with his Second Amendment research - ASU News - May 11th, 2026 [May 11th, 2026]
- Do Undocumented Immigrants Have Second Amendment Rights? First Circuit Weighs In - FindLaw - May 11th, 2026 [May 11th, 2026]
- DOJ Sues City of Denver Over Assault Weapons Ban, Calls Local Ordinance a Civil Rights Violation Under Second Amendment - USA Carry - May 11th, 2026 [May 11th, 2026]
- Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further - Fox News - May 11th, 2026 [May 11th, 2026]
- Lindsey Graham urges US, Israel to arm Iranian civilians in 'Second Amendment solution' to topple regime - Fox News - May 5th, 2026 [May 5th, 2026]
- Fearing expanding gun rights, anti-gun group creates absurd concealed-carry policy - Second Amendment Foundation - May 5th, 2026 [May 5th, 2026]
- Indianola City Council Holds Public Hearing on Second Amendment of Fiscal Year 27 Budget at Meeting - KNIA - KRLS - May 5th, 2026 [May 5th, 2026]
- Indianola City Council to Hold Public Hearing on Second Amendment of Fiscal Year 27 Budget at Meeting Tonight - KNIA - KRLS - May 5th, 2026 [May 5th, 2026]
- Newsmax host on the possibility of state house inspectors coming to his home: "You come to my door, that's what the Second Amendment is for"... - May 1st, 2026 [May 1st, 2026]
- ATF Announces 34 Rulemakings and Final Rules in Sweeping Regulatory Review Under Trump's Second Amendment Executive Order - USA Carry - May 1st, 2026 [May 1st, 2026]
- Eleventh Circuit: Machine guns not protected in Second Amendment - Buckeye Firearms Association - April 29th, 2026 [April 29th, 2026]
- Erich Pratt Testifies Live in Defense of the Second Amendment Before U.S. Senate Committee - Outdoor Wire - April 17th, 2026 [April 17th, 2026]
- Second Amendment Legacy Foundation banquet aims to help kids hit the mark - KTLO - April 17th, 2026 [April 17th, 2026]
- Bitwise files second amendment to Hyperliquid ETF, adds Wintermute and Flowdesk as trading counterparties - The Block - April 17th, 2026 [April 17th, 2026]
- Senate Homeland Security Holds Hearing on Second Amendment - NTD News - April 17th, 2026 [April 17th, 2026]
- 'It is RIDICULOUS!': Thomas Massie tears into anti-Second Amendment lobby in heated Senate hearing - The Economic Times - April 17th, 2026 [April 17th, 2026]
- Defending the Second Amendment - thecarrollnews.com - April 10th, 2026 [April 10th, 2026]
- Trump v. Second Amendment: The Administration Is Trying To Selectively Apply Gun Rights - Yahoo - April 10th, 2026 [April 10th, 2026]
- Trump DOJ Keeps Biden's Ghost Gun Rule in Place, Defying White House's Own Second Amendment Executive Order - USA Carry - April 10th, 2026 [April 10th, 2026]
- Second Amendment groups rip D.C. U.S. Attorney Pirro over hurting gun rights case - Washington Times - April 10th, 2026 [April 10th, 2026]
- Trump Must Deliver on the Second Amendment or Republicans Will Pay the Price - txgunrights.org - April 8th, 2026 [April 8th, 2026]
- Ministry of Mines notifies Mineral (Auction) Second Amendment Rules, 2026 for faster operationalisation of mines - News Riveting - April 8th, 2026 [April 8th, 2026]
- State v. Ducker Brief: Defending the Second Amendment Rights of North Carolinians - Cato Institute - April 5th, 2026 [April 5th, 2026]