Could people getting divorced be kept from buying firearms?

Last updated on April 8, 2021

It’s no secret that family law proceedings can be emotional and fraught with tension. This is understandable — a great deal can be at stake, and not just from a financial perspective in a divorce. Parents are often willing go to battle regarding child custody, for example, and take an aggressive attitude toward their case in order to do right by their children.

Many of the battles, such as they are, are not physical encounters, of course. Tough talk in the courtroom or at the conference table is often that — just talk. Some Georgia lawmakers, however, want to take a more proactive approach to try to head off some instances of domestic violence when it comes to divorce.

One state senator has pre-filed a bill that would make it considerably more difficult for a person in the midst of divorce proceedings to purchase a firearm. The bill would require the permission of the judge overseeing the divorce case in order to allow the purchase.

Legal experts say that if the bill was to be signed into law, which is far from certain, it might not withstand constitutional challenges. As it is now, anyone purchasing a gun already has to go through a federal background check, which would still be in effect if the bill were to be enacted.

While the idea behind the bill might be admirable, put into practice, it might fall flat. Regardless, working with a principled family law attorney with your best interests in mind is often the best way to navigate your divorce.

Source: WABE-FM, “Georgia Bill Would Restrict Gun Buying During Divorce,” Michell Eloy, Dec. 29, 2015

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