Lori Jackson Domestic Violence Survivor Protection Act
This bill makes changes to the federal statutory framework that prohibits the shipment, transport, receipt, or possession of firearms or ammunition by an individual who is subject to a qualifying domestic violence court order.
Under current law, a qualifying domestic violence court order must meet certain criteria, including to (1) be issued after a hearing of which the individual had notice and an opportunity to participate; and (2) restrain the individual from harassing, stalking, or threatening an intimate partner (i.e., a current or former spouse, a co-parent of a child, or a current or former cohabitant) or the child of an intimate partner.
This bill expands the scope of qualifying domestic violence court orders to include an order that
Current law also prohibits an individual who is convicted of a misdemeanor crime of domestic violence from shipping, transporting, receiving, or possessing firearms or ammunition. These restrictions generally only apply to spouses, co-parents, and cohabitants, and to offenses that involve physical force or deadly weapons. This bill expands the scope of these restrictions to include dating partners and offenses that involve stalking.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1923 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1923
To amend title 18, United States Code, to protect more victims of
domestic violence by preventing their abusers from possessing or
receiving firearms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2021
Mr. Himes (for himself and Ms. Norton) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to protect more victims of
domestic violence by preventing their abusers from possessing or
receiving firearms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lori Jackson Domestic Violence
Survivor Protection Act''.
SEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF
DOMESTIC VIOLENCE'' EXPANDED.
Section 921(a) of title 18, United States Code, is amended--
(1) by inserting before paragraph (32) the following:
``(31) The term `covered domestic violence court order'
means a court order--
``(A) that was issued--
``(i) after a hearing of which such person
received actual notice, and at which such
person had an opportunity to participate; or
``(ii) in the case of an ex parte order,
relative to which notice and opportunity to be
heard are provided--
``(I) within the time required by
State, tribal, or territorial law; and
``(II) in any event within a
reasonable time after the order is
issued, sufficient to protect the due
process rights of the person;
``(B) that restrains such person from--
``(i) harassing, stalking, or threatening
an intimate partner of such person or child of
such intimate partner or person, or engaging in
other conduct that would place an intimate
partner in reasonable fear of bodily injury to
the partner or child; or
``(ii) intimidating or dissuading a witness
from testifying in court; and
``(C) that--
``(i) includes a finding that such person
represents a credible threat to the physical
safety of such individual described in
subparagraph (B); or
``(ii) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such individual
described in subparagraph (B) that would
reasonably be expected to cause bodily
injury.'';
(2) in paragraph (32), by striking all that follows after
``The term `intimate partner''' and inserting the following:
``--
``(A) means, with respect to a person, the spouse of the
person, a former spouse of the person, an individual who is a
parent of a child of the person, and an individual who
cohabitates or has cohabited with the person; and
``(B) includes--
``(i) a dating partner (as defined in section 2266)
or former dating partner; and
``(ii) any other person similarly situated to a
spouse who is protected by the domestic or family
violence laws of the State, local, or tribal
jurisdiction in which the injury occurred or where the
victim resides.''; and
(3) in paragraph (33)(A)--
(A) in clause (i), by inserting after ``Federal,
State,'' the following: ``municipal,''; and
(B) in clause (ii)--
(i) by striking ``or the threatened'' and
inserting ``the threatened'';
(ii) by inserting ``or stalking'' after
``deadly weapon''; and
(iii) by inserting ``dating partner (as
defined in section 2266),'' after ``spouse,''
each place it appears.
SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO COURT ORDER.
Section 922(d)(8) of title 18, United States Code, is amended to
read as follows:
``(8) is subject to a covered domestic violence court
order; or''.
SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER
PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM
EXPANDED.
Section 922(g)(8) of title 18, United States Code, is amended to
read as follows:
``(8) who is subject to a covered domestic violence court
order; or''.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
The NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et
seq.) is amended--
(1) in section 3(1) (34 U.S.C. 40903(1)), by striking
``court order (as described in section 922(g)(8)'' and
inserting ``covered domestic violence court order (as defined
in section 921(a)''; and
(2) in section 102(b)(1)(C)(v) (34 U.S.C.
40912(b)(1)(C)(v)), by striking ``court order described in
section 922(g)(8)'' and inserting ``covered domestic violence
court order, as defined in section 921(a)''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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