U.S. Sens. Bob Menendez and Cory Booker are among the prime sponsors of a new bill aimed at protecting domestic violence survivors from gun violence.
Introduced on June 24, the Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act seeks to close a loophole that allows domestic violence abusers to legally obtain weapons while a temporary restraining order has been issued against them.
The bill is named for two women, Lori Jackson of Connecticut and Nicolette Elia of Oregon, who were both fatally shot by their abusive, estranged partners even after securing temporary restraining orders.
Extended Protections
The legislation calls for the creation of a federal grant program to support local and state governments implement policies to keep firearms out of the hands of domestic abusers while they are bound by a restraining order.
Policies include:
- Requiring a domestic violence abuser to surrender or sell any firearm or ammunition in their possession
- Revoking their permit or license to purchase, possess or carry a firearm or ammunition while the restraining order is in effect
- Requiring a background check before any firearm or ammunition is return to the person subject to the restraining order
Additionally, it would extend protections to domestic violence survivors who have been abused by dating partners.
Under the current law, an individual convicted of or under a restraining order for domestic violence is only barred from owning firearm if the victim was the perpetrator’s spouse, lived with the perpetrator or had a child with the perpetrator.
According to the National Coalition Against Domestic Violence, half of all intimate partner homicides are committed by dating abusers and the presence of a gun in a domestic violence situation increases the risk of homicide by 500%.
‘Common-Sense’ Legislation
Booker and Menendez have long been fighting for stricter gun control measures, including firearm licensing laws, universal background checks and an assault rifle ban.
Following introduction of the Lori Jackson–Nicolette Elias Domestic Violence Survivor Protection Act, the Democratic senators said they were proud to be sponsoring “common-sense legislation.”
In a statement, Menendez said, “There is absolutely no reason why any perpetrator of domestic violence subject to a temporary or emergency restraining orders should be able to legally obtain a firearm.”
Booker said, “The tragic deaths of Lori Jackson and Nicolette Elias underscore the urgent need for Congress to act.”
Second Amendment Rights
Besides closing loopholes, the bill would “provide vital grant funding” to support initiatives to help protect domestic violence survivors, Booker said.
Previous reform attempts have been unsuccessful, with opponents arguing that a temporary restraining order—unlike a permanent one—does not present enough burden of proof to curtail the possession of firearms.
The National Rifle Association’s Institute for Legislative Action has said such measures “strips the accused of their Second Amendment rights” and “would be issued by a judge based solely on a brief statement of an accuser before the accused can appear in court to defend themselves against the allegations.”
Advocacy Groups Approval
The new bill has won the backing of several advocacy groups, including the National Coalition Against Domestic Violence, Everytown for Gun Safety, Center for Hope and Safety, Center Against Rape and Domestic Violence and Moms Demand Action.
Ruth Glenn, chief executive officer of the National Coalition Against Domestic Violence, said, “The most dangerous time with an abusive partner is when the survivor takes steps to leave, which steps often include petitioning for an ex parte protective order. While federal law prohibits certain respondents to final protective orders from possessing firearms, it does not protect them in the critical few days as they are escaping.”
The legislation, she said, “addresses another key element necessary for the safety of survivors—ensuring that courts require adjudicated abusers to get rid of contraband firearm and that localities have the policies and procedures in place to enforce those court orders.”
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