I know no one wants to hear this, but due to the fact that the current SCOTUS leans Right and the US Constitution specified that firearm ownership "Shall not be infringed", the most likely outcome will be that spouse abusers will be allowed to continue to own guns.
I don't begrudge you for saying out loud like this, but I'm not sure who was at all under the delusion that this would ever be anything other than the worst outcome possible.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed
the 2a a) recognizes that a well regulated militia(*) is necessary and b) the people need to be allowed to keep arms to allow that to happen.
That's it.
* "The Militia" is probably referring to, what we could consider today to the be national guardsmen (during this time period, the 'militia' was just men of a certain age- military age. it was also common for towns to muster their own militia for the purpose of things like law enforcement.)
That said.... yeah. they're probably going to fuck up on this one too.
I decided to look into what the Illinois state constitution says about all this. Enshrined in said constitution is a clause which basically says that all able-bodied adults who are citizens of the State of Illinois are militia members. This is obviously to dovetail with the US Second Amendment.
So, being an able-bodied adult who is a citizen of the State of Illinois, I contacted my state representative and senators, asking what were my rights and responsibilites as a member of the Illinois state militia. One person actually called me back, but the voicemail he left was very dismissive, saying that he could look into it, if I wanted to waste his time.
This does not suggest that the "militia" in Illinois is "well regulated."
It's not a mysery, we don't need psychics or time travellers to figure out what the founders meant. James Madison kept extensive notes on the Constitutional Convention. The intent behind the 2a is in there, as well as several earlier revisions of the final wording. All the modern court rulings are insane when you understand the founders' real intent.
Conservatives never read the whole thing. They just repeat the bits they like -- like a bible.
FWIW, it also says, "the people" not "a person." When the constitution is enumerating an individual right, it typically does so with different language.
Domestic violence is already seriously under-prosecuted and victims given little protection at all. It's seen somehow as less important than other forms of violence, while I would say that this should be the opposite.
No one with a history of violence should be allowed to own a gun, but especially someone with a history of domestic violence, as that tends to be a pattern and not a one-off incident.
The problem is that it's not "proven"; the only side presenting any evidence is the person seeking the protective order. If you make it an adversarial process so that the subject of the protective order can try to refute claims by the person seeking the order, then sure.
But right now it's strictly one-sided. Most places do require some form of evidence, but that evidence doesn't have to meet normal evidentiary standards, and the evidence isn't being questioned in an adversarial way.
Personally, I'm not comfortable removing rights when the person losing rights can't contest it.
I think you're getting temporary POs confused with permanent ones.
My ex and abuser was convicted of domestic violence charges, and currently owns a gun and has no public record of his crimes. This despite being anti gun and getting it for the sole purpose of scaring me. Proof has nothing to do with it. Courts regularly ignore proof in order to fail to protect victims. If they don't accept criminal convictions as proof, there isn't much they will accept. Don't pretend this has anything to do with a need to prove that someone is a monster before taking away his deadly toys.
For what it is worth, our kids are still fighting to heal the damage he did to them. But he has a right to a gun, so bully for him.