Lori Jackson-Nicolette Elias 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 requirements, 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.
Finally, the bill authorizes grants for state, local, and tribal governments to remove firearms and take other steps after a domestic violence court order is issued.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4139 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4139
To amend title 18, United States Code, to protect more victims of
domestic violence by preventing their abusers from possessing or
receiving firearms, to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to establish a grant program relating to the removal of
firearms from adjudicated domestic violence offenders, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2021
Mr. Himes 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, to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to establish a grant program relating to the removal of
firearms from adjudicated domestic violence offenders, 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-Nicolette Elias
Domestic Violence Survivor Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress has the responsibility to keep the populace of
the United States safe, and domestic gun violence is a
significant threat to the well-being of the United States.
(2) Each year in the United States, more than 600 women are
shot to death by an intimate partner. More women are killed in
the United States by domestic partners than by any other type
of assailant, and most of these homicides are committed with
firearms.
(3) Approximately 4,500,000 women alive in the United
States today report having been threatened with a gun by a
domestic partner.
(4) More than half of intimate partner homicides in the
United States are committed with a firearm. If a woman has an
abusive male partner who has access to a firearm, the woman is
5 times more likely to be killed than she would be if the
abusive male partner did not have access to a firearm, and
domestic violence assaults involving a gun are 12 times more
likely to result in death than domestic violence assaults
involving other weapons or bodily force.
(5) Perpetrators of intimate partner violence are far more
likely to commit additional acts of gun violence. Nearly half
of all mass shooters have committed acts of domestic violence.
(6) Victims of intimate partner violence often pursue
restraining orders as a means of protection in the immediate
aftermath of, or in conjunction with, leaving dangerous
partners and situations. This time period is especially
dangerous for victims.
(7) Although individuals against whom there is a domestic
violence restraining order are barred from purchasing a firearm
under section 922(g)(8) of title 18, United States Code,
various loopholes in that section allow perpetrators to
purchase and maintain possession of firearms. For example,
Federal law only protects domestic violence victims against
spouses, former spouses, cohabitants, former cohabitants, and
individuals with whom those victims have a child. Furthermore,
under Federal law, protective orders issued against domestic
violence abusers on an emergency or ex parte basis do not
prohibit those abusers from possessing or purchasing firearms.
(8) Some States and local governments have passed laws that
go beyond the Federal baseline by expanding the range of
abusive partners included in firearm restrictions to encompass
abusive dating partners. Numerous studies conducted between
2000 and 2017 have shown that States that pass these laws
experience a significant reduction in intimate partner
homicides.
(9) States that restrict access to guns to individuals
subject to active domestic violence restraining orders have
experienced a 13-percent reduction in intimate partner
homicides involving firearms.
(10) Congress has the power to set a national standard to
protect domestic violence victims who seek restraining orders
against abusive partners by preventing those abusive partners
from possessing or purchasing firearms and ammunition while the
restraining order is in effect.
SEC. 3. TITLE 18 AMENDMENTS.
(a) 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, with respect to a person--
``(A)(i) that was issued after a hearing of which
the person received actual notice, and at which the
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 the person from--
``(i) harassing, stalking, or threatening
an intimate partner of the person or child of
the 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 the person
represents a credible threat to the physical
safety of an individual described in
subparagraph (B); or
``(ii) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against an 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 individual 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.
(b) 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''.
(c) 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''.
(d) 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)''.
SEC. 4. GRANT PROGRAM.
(a) Amendment.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART PP--GRANT PROGRAM REGARDING REMOVAL OF FIREARMS FROM ADJUDICATED
DOMESTIC VIOLENCE PARTIES
``SEC. 3061. DEFINITIONS.
``In this part:
``(1) Ammunition; firearm.--The terms `ammunition' and
`firearm' have the meanings given those terms in section 921 of
title 18, United States Code.
``(2) Covered entity.--The term `covered entity' means--
``(A) a State;
``(B) an Indian Tribe; or
``(C) a unit of local government.
``(3) Domestic violence protection order.--The term
`domestic violence protection order' has the meaning given the
term `covered domestic violence court order' in section 921 of
title 18, United States Code.
``SEC. 3062. GRANT PROGRAM.
``(a) Authority To Make Grants.--The Attorney General may make
grants to covered entities to assist the covered entities in carrying
out the policies, procedures, protocols, laws, court rules, or
regulations described in section 3063.
``(b) Eligible Covered Entity.--
``(1) In general.--A covered entity shall be eligible to
receive a grant under this section on and after the date on
which the Attorney General determines that the covered entity
has in effect policies, procedures, protocols, laws, court
rules, or regulations that are substantially similar to the
policies, procedures, laws, court rules, or regulations
described in section 3063.
``(2) Determination.--In making a determination under
paragraph (1), the Attorney General may consider policies,
procedures, protocols, laws, court rules, or regulations of a
covered entity to be substantially similar to the policies,
procedures, laws, courts rules, or regulations described in
section 3063 even if the policies, procedures, protocols, laws,
court rules, or regulations of the covered entity--
``(A) vary in scope;
``(B) prescribe different types of protective
orders or firearm surrender orders; or
``(C) provide different timing requirements.
``(c) Use of Funds.--Grant funds awarded under this section may be
used by a covered entity--
``(1) to assist law enforcement agencies or courts of the
covered entity in carrying out the policies, procedures,
protocols, laws, court rules, or regulations described in
section 3063; and
``(2) in order to ensure the safety of domestic violence
victims after a domestic violence protection order is issued in
accordance with the policies, procedures, protocols, laws,
court rules, or regulations described in section 3063, to
partner with and provide support to not less than 1 domestic
violence victim service provider, which may include an
organization that is a culturally specific organization.
``(d) Application.--
``(1) In general.--A covered entity desiring a grant under
this section shall submit to the Attorney General an
application at such time, in such manner, and containing or
accompanied by such information as the Attorney General may
reasonably require.
``(2) Contents.--An application submitted under this
subsection shall include a description of an action plan of the
covered entity to establish a partnership described in
subsection (c)(2).
``SEC. 3063. STATE AND TRIBAL POLICIES AND PROCEDURES.
``The policies, procedures, protocols, laws, court rules, or
regulations described in this section are policies, procedures,
protocols, laws, court rules, or regulations relating to the possession
of a firearm or ammunition that--
``(1) direct a court, upon the issuance of a domestic
violence protection order, to issue an additional order
(referred to in this section as a `firearm surrender order')
that--
``(A) is in effect for the duration of the domestic
violence protection order;
``(B) automatically terminates upon the expiration
of the domestic violence protection order;
``(C) requires--
``(i) the individual subject to the firearm
surrender order to, not later than 24 hours
after the firearm surrender order is served,
surrender physical possession of all firearms
and ammunition in the possession, care,
custody, or control of the individual,
including any firearm that the individual has
entrusted or lent to a third party, by either--
``(I) surrendering the firearms and
ammunition to the chief law enforcement
officer of the district in which the
individual resides or a law enforcement
agency designated by the State or
Indian Tribe to receive and store
firearms and ammunition; or
``(II) selling the firearms and
ammunition to a licensed dealer (as
defined in section 921 of title 18,
United States Code); or
``(ii) the chief law enforcement officer of
the district in which the individual resides or
a law enforcement agency designated by the
State or Indian Tribe to receive and store
firearms and ammunition to, not later than 24
hours after the firearm surrender order is
served, request the surrender of and remove and
store any firearm or ammunition in the
possession, care, custody, or control of the
individual, including firearms and ammunition
that the individual has entrusted or lent to a
third party;
``(D) prohibits the individual from purchasing,
possessing, or receiving, or attempting to purchase or
receive, a firearm or ammunition for the period of time
during which the firearm surrender order is in effect;
``(E) revokes any permit or license of the
individual to purchase, possess or carry a firearm or
ammunition for the period of time during which the
firearm surrender order is in effect; and
``(F) requires the individual subject to the
firearm surrender order to, not later than 48 hours
after the firearm surrender order is served by a court,
file with the court--
``(i) a declaration under penalty of
perjury that--
``(I) the individual has made the
surrender described in subparagraph
(C)(i);
``(II) the chief law enforcement
officer of the district in which the
individual resides has conducted the
removal described in subparagraph
(C)(ii); or
``(III) the individual did not
possess any firearm or ammunition at
the time of the issuance and service of
the firearm surrender order and
continues to not possess any firearms
or ammunition; and
``(ii) an itemized receipt of any firearms
or ammunition surrendered by the individual
subject to the firearm surrender order under
subparagraph (C)(i), or removed by a chief law
enforcement officer from that individual under
subparagraph (C)(ii), that is signed by the
individual who took possession of those
firearms or ammunition;
``(2) in the case of an individual who does not comply with
paragraph (1)(C)(i), and where there are reasonable grounds to
believe that the individual possesses or has purchased a
firearm, require the chief law enforcement officer or
designated law enforcement agency described in paragraph
(1)(C)(ii) to remove any firearm or ammunition from the
individual;
``(3) requires a chief law enforcement officer or
designated law enforcement agency that conducts a removal under
paragraph (1)(C)(ii) or (2) or receives a firearm or ammunition
surrendered by an individual under paragraph (1)(C)(i)(I) to,
not later than 48 hours after conducting the removal or
receiving the surrendered firearm or ammunition, notify the
court of the removal or surrender;
``(4) with respect to a firearm or ammunition that is
surrendered under paragraph (1)(C)(i) or any firearm or
ammunition removed under paragraph (1)(C)(ii) or (2), require
the law enforcement agency to which the firearm or ammunition
is surrendered or that removes any firearm or ammunition to--
``(A) safely store the firearm or ammunition; and
``(B) at the request of the individual subject to
the firearm surrender order, not later than 7 days
after the date on which the domestic violence
protection order described in paragraph (1) expires or
is removed--
``(i) perform a background check on the
individual subject to the firearm surrender
order to determine whether the individual is
prohibited from possessing or receiving a
firearm under Federal or State law; and
``(ii) return the firearm or ammunition to
the individual subject to the firearm surrender
order if the individual is not prohibited from
possessing or receiving a firearm under
Federal, State, or Tribal law; and
``(5) require the courts and relevant law enforcement
agencies to partner with and provide support for local domestic
violence programs in order to ensure the safety of victims of
domestic violence after the issuance of a firearm surrender
order.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261) is amended by adding at the end the following:
``(29) There are authorized to be appropriated such sums as are
necessary to carry out part PP.''.
<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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