WASHINGTON – Representatives Debbie Dingell (D-MI), Sheila Jackson Lee (D-TX), Brian Fitzpatrick (R-PA), and Senator Amy Klobuchar (D-MN) introduced new legislation to protect survivors of dating violence and stalking by closing loopholes that allow abusers and stalkers access to guns.
The bipartisan Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023, introduced a week after the 5th Circuit Court Ruling that struck down federal protections in Louisiana, Mississippi, and Texas, makes two commonsense updates to federal law to address existing loopholes that make it easy for perpetrators of dating violence and those convicted of misdemeanor stalking to legally access guns. The bill would:
- Ensure people who have abused dating partners and are consequently subject to domestic violence protection orders are prohibited from buying or owning firearms: Current federal law prohibits someone under a domestic violence protection order from possessing a gun if they are restrained from abusing a spouse, someone they live with, or someone they have a child. But federal law does not include people who have abused a current or former dating partner. Abuse of a dating partner is as unacceptable as domestic abuse, plain and simple.
- Close the loophole that lets some convicted stalkers access guns: This legislation clarifies existing law to make clear that people convicted of misdemeanor stalking cannot legally possess a firearm. Stalking is a sadly accurate predictor of future violence. One study of female murder victims found that 76 percent of women murdered by a current or former intimate partner experienced stalking in the year preceding the murder.
“A week ago, the 5th Circuit Court struck down a decades-old law preventing individuals with domestic violence protection orders from owning firearms. We must be clear: this extreme decision puts lives in danger. Equally disturbing, federal law still includes a “boyfriend loophole” that allows abusive dating partners subject to protection orders and convicted stalkers to access firearms,” Dingell said. “I know this fear all too well. Growing up, I lived in a house with a man – my father – who should not have had access to a gun. I remember the terror my siblings and I felt as we hid from him in the closet and in fear of him using it to hurt my mother. No child, spouse, or partner should have to experience the trauma my family did. I am proud to introduce the Strengthening Protections for Domestic Abuse and Stalking Survivors Act to close this loophole once and for all. The legislation will ensure abusive dating partners subject to protection orders and convicted stalkers cannot get their hands on a firearm. Perpetrators of violence – including dating partners – should not be able to access a firearm, and I will not stop fighting until we can deliver on this promise.”
“The recent decision by the 5th Circuit Court to strike down a law preventing individuals with domestic violence protection orders from owning firearms is an affront to domestic violence survivors. According to Everytown for Gun Safety, two-thirds of women killed by an intimate partner are killed with a gun. Striking down laws that keep guns out of the hands of abusive partners puts those trapped in abusive relationships, all those around them, at serious risk of harm,” Jackson Lee said. “That is why we must fully close the "boyfriend loophole" that allows abusive dating partners access to guns, often with deadly results. Domestic violence is never appropriate – whether the victim is a spouse, former spouse, boyfriend, or girlfriend. Abuse of any kind cannot continue unchecked. We must be vigilant in seeking justice for all survivors of this heinous crime, and that is why I am proud to join in the introduction of The Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023, bipartisan legislation that continues the work of the Violence Against Women Act Reauthorization Act of 2022 by closing the “boyfriend loophole” to ensure that all domestic violence abusers, including current and former dating partners and individuals convicted of misdemeanor stalking cannot possess, purchase, or own a gun.”
“Domestic abusers should never be allowed access to firearms, period,” said Fitzpatrick. “The current intimate partner loophole allows violent domestic abusers to purchase firearms, and this bipartisan legislation takes that ability away. I’m proud to work across the aisle on this crucial legislation that stands up for victims.”
“Last year’s Bipartisan Safer Communities Act included provisions from my bill to close the boyfriend loophole, but there is still more we need to do to address gun violence and keep firearms out of the hands of abusive dating partners and convicted stalkers,” said Klobuchar. “As a former prosecutor, I have seen firsthand the serious emotional and physical toll stalking takes on victims, especially when guns are involved. By preventing convicted stalkers from purchasing guns, our common sense legislation will protect victims and help save lives.”
The Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023 is endorsed by the following groups: National Coalition Against Domestic Violence, The National Domestic Violence Hotline, Giffords Law Center to Prevent Gun Violence, YWCA USA, Jewish Women International, National Network to End Domestic Violence, Everytown for Gun Safety, Moms Demand Action, Legal Momentum, the Women’s Legal Defense and Education Fund, National Alliance to End Sexual Violence, Esperanza United, National Resource Center on Domestic Violence.
“Domestic violence and access to guns is a deadly combination for women and families,” said Shannon Watts, founder of Moms Demand Action. “While the Fifth Circuit is eroding protections for those with domestic violence restraining orders, we must redouble our efforts to save lives from senseless and preventable violence. We’re proud to stand in strong support of Representative Dingell’s efforts and are grateful for her unwavering commitment to this issue.”
“Gaps in federal law continue to enable domestic abusers and stalkers access to firearms that are often used to intimidate, injure, and kill their victims. While Congress has made significant strides to protect victims of domestic violence, deadly loopholes still leave many victims unprotected from their abusers. Giffords applauds Senator Klobuchar and Representatives Debbie Dingell, Sheila Jackson Lee, and Brian Fitzpatrick for introducing the Strengthening Protections for Domestic Violence and Stalking Victims Act and thanks them for their steadfast leadership on this issue," said Adzi Vokhiwa, Giffords Federal Affairs Director.
“Considering that half of all intimate partner homicides are committed by dating partners, closing the ‘boyfriend loophole’ is a common-sense solution that is long past due,” said YWCA USA CEO Margaret Mitchell. “As the largest network of domestic violence and sexual assault service providers, YWCA sees every day the very real threat of firearms as tools of power and coercive control in intimate relationships, and far too often, as a means of killing. The Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2022 takes simple and much-needed steps to keep guns out of the hands of stalkers and dating partners who are adjudicated abusers – just as federal law already restricts such access by adjudicated abusers who are current or former spouses, cohabitants, or people who share a child in common. urge the House to pass this legislation without delay.”
“The National Network to End Domestic Violence (NNEDV) is pleased to endorse the bipartisan Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023, which would fully close the ‘dating partner loophole.’ This important legislation prevents dating partners, who are subject to domestic violence protection orders, and convicted stalkers from having access to firearms. For far too long, this dangerous loophole in the law has left guns in the hands of abusers, putting survivors, their families, and communities in jeopardy. This bill reflects the lived experiences of survivors of dating violence and will make our nation safer for all of us,” said Deborah J. Vagins, NNEDV President and CEO.
"Today's introduction of the Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023 builds upon the progress made in the Bipartisan Safer Communities Act. It remains a critical public safety issue to ensure that dating partners subject to final domestic violence protective orders and those convicted of stalking are subject to the same restrictions as spouses and dating partners convicted of domestic violence. This bill takes the next vital step to reduce domestic violence homicides. We urge its swift passage; survivors cannot wait any longer,” said Jennifer Becker, Legal Director of Legal Momentum, the Women's Legal Defense and Education Fund.
“We applaud this bipartisan effort to close the loophole around dating. We know that individuals in dating relationships are at higher risk for intimate partner violence and so should at least have access to the same protections as those who are married or live with a partner. This legislation will help the one in three Latinas (34.4 %) that statistically will experience intimate partner violence in their lifetime and one in twelve Latinas (8.6%) that has experienced IPV in the previous 12 months,” said Patricia Tototzintle, President and chief executive officer of Esperanza United (formerly Casa de Esperanza: National Latin@ Network).
“At a time when the 5th Circuit Court of Appeals seems intent on removing life-saving protections for victims and survivors of domestic violence, we are grateful to see Members of Congress taking bipartisan action to protect survivors from the lethal threat of firearms,” said Ruth M. Glenn, President of Public Affairs for NCADV, a project of the National Domestic Violence Hotline. “Thank you to Representatives Dingell, Jackson Lee, and Fitzpatrick, and to Senator Klobuchar for being constant champions for victims, survivors, and the advocates and programs that support them!”
“Everyday, survivors call the National Domestic Violence Hotline (The Hotline) and share ways that firearms are used by abusive partners to threaten, coerce, and control. Not to mention the thousands of survivors that have lost their lives because of firearms,” said Katie Ray-Jones, CEO of The Hotline. “We applaud the incredible dedication of these Members of Congress to finally close this loophole and keep all survivors safe from gun violence and urge Congress to act.”
“I applaud the introduction of the Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023. It is more important than ever to fully close the stalking and “boyfriend” loopholes in federal law. We know that abusers are extremely dangerous when they're armed – to their current and former partners and to the larger communities. This is a commonsense gun reform that would save lives,” said Meredith Jacobs, CEO of Jewish Women International (JWI).
Dingell has long fought to protect survivors of domestic violence, dating violence, and stalking. Since 2015, she has led the Zero Tolerance for Domestic Abusers Act to close the boyfriend loophole and keep guns out of the hands of abusive dating partners and stalkers.
