I 
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 fire-
arms, 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 Om-
nibus 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 Representa-
tives 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’’. 
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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 part-
ner. More women are killed in the United States by 
domestic partners than by any other type of assail-
ant, and most of these homicides are committed with 
firearms. 
(3) Approximately 4,500,000 women alive in 
the United States today report having been threat-
ened with a gun by a domestic partner. 
(4) More than half of intimate partner homi-
cides in the United States are committed with a fire-
arm. 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 vi-
olence assaults involving other weapons or bodily 
force. 
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(5) Perpetrators of intimate partner violence 
are far more likely to commit additional acts of gun 
violence. Nearly half of all mass shooters have com-
mitted 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, Fed-
eral law only protects domestic violence victims 
against spouses, former spouses, cohabitants, former 
cohabitants, and individuals with whom those vic-
tims 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 
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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 indi-
viduals subject to active domestic violence restrain-
ing 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 re-
straining order is in effect. 
SEC. 3. TITLE 18 AMENDMENTS. 
(a) DEFINITIONS
OF ‘‘INTIMATE PARTNER’’ AND 
‘‘MISDEMEANOR CRIME OF DOMESTIC VIOLENCE’’ EX-
PANDED.—Section 921(a) of title 18, United States Code, 
is amended— 
(1) by inserting before paragraph (32) the fol-
lowing: 
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‘‘(31) The term ‘covered domestic violence court 
order’ means a court order, with respect to a per-
son— 
‘‘(A)(i) that was issued after a hearing of 
which the person received actual notice, and at 
which the person had an opportunity to partici-
pate; or 
‘‘(ii) in the case of an ex parte order, rel-
ative 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 per-
son; 
‘‘(B) that restrains the person from— 
‘‘(i) harassing, stalking, or threat-
ening 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 wit-
ness from testifying in court; and 
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‘‘(C) that— 
‘‘(i) includes a finding that the person 
represents a credible threat to the physical 
safety of an individual described in sub-
paragraph (B); or 
‘‘(ii) by its terms explicitly prohibits 
the use, attempted use, or threatened use 
of physical force against an individual de-
scribed in subparagraph (B) that would 
reasonably be expected to cause bodily in-
jury.’’; 
(2) in paragraph (32), by striking all that fol-
lows after ‘‘The term ‘intimate partner’ ’’ and insert-
ing 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 per-
son, 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 Trib-
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al jurisdiction in which the injury occurred or 
where the victim resides.’’; and 
(3) in paragraph (33)(A)— 
(A) in clause (i), by inserting after ‘‘Fed-
eral, 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 vio-
lence court order; or’’. 
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(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 de-
scribed 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 RE-
MOVAL OF FIREARMS FROM ADJUDICATED 
DOMESTIC VIOLENCE PARTIES 
‘‘SEC. 3061. DEFINITIONS. 
‘‘In this part: 
‘‘(1) AMMUNITION; FIREARM.—The terms ‘am-
munition’ and ‘firearm’ have the meanings given 
those terms in section 921 of title 18, United States 
Code. 
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‘‘(2) COVERED ENTITY.—The term ‘covered en-
tity’ 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 do-
mestic 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 deter-
mines that the covered entity has in effect policies, 
procedures, protocols, laws, court rules, or regula-
tions that are substantially similar to the policies, 
procedures, laws, court rules, or regulations de-
scribed in section 3063. 
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‘‘(2) DETERMINATION.—In making a deter-
mination 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 poli-
cies, procedures, protocols, laws, court rules, or reg-
ulations 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, pro-
cedures, protocols, laws, court rules, or regulations 
described in section 3063, to partner with and pro-
vide support to not less than 1 domestic violence vic-
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tim service provider, which may include an organiza-
tion 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 man-
ner, and containing or accompanied by such infor-
mation as the Attorney General may reasonably re-
quire. 
‘‘(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 PROCE-
DURES. 
‘‘The policies, procedures, protocols, laws, court rules, 
or regulations described in this section are policies, proce-
dures, 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 do-
mestic violence protection order, to issue an addi-
tional order (referred to in this section as a ‘firearm 
surrender order’) that— 
‘‘(A) is in effect for the duration of the do-
mestic violence protection order; 
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‘‘(B) automatically terminates upon the ex-
piration of the domestic violence protection 
order; 
‘‘(C) requires— 
‘‘(i) the individual subject to the fire-
arm 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 posses-
sion, care, custody, or control of the indi-
vidual, including any firearm that the indi-
vidual has entrusted or lent to a third 
party, by either— 
‘‘(I) surrendering the firearms 
and ammunition to the chief law en-
forcement 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 
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‘‘(ii) the chief law enforcement officer 
of the district in which the individual re-
sides or a law enforcement agency des-
ignated by the State or Indian Tribe to re-
ceive and store firearms and ammunition 
to, not later than 24 hours after the fire-
arm 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 pur-
chasing, 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 fire-
arm or ammunition for the period of time dur-
ing which the firearm surrender order is in ef-
fect; and 
‘‘(F) requires the individual subject to the 
firearm surrender order to, not later than 48 
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took possession of those firearms or am-
munition; 
‘‘(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 en-
forcement agency described in paragraph (1)(C)(ii) 
to remove any firearm or ammunition from the indi-
vidual; 
‘‘(3) requires a chief law enforcement officer or 
designated law enforcement agency that conducts a 
removal under paragraph (1)(C)(ii) or (2) or re-
ceives 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 re-
ceiving the surrendered firearm or ammunition, no-
tify 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 para-
graph (1)(C)(ii) or (2), require the law enforcement 
agency to which the firearm or ammunition is sur-
rendered or that removes any firearm or ammunition 
to— 
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‘‘(A) safely store the firearm or ammuni-
tion; and 
‘‘(B) at the request of the individual sub-
ject to the firearm surrender order, not later 
than 7 days after the date on which the domes-
tic violence protection order described in para-
graph (1) expires or is removed— 
‘‘(i) perform a background check on 
the individual subject to the firearm sur-
render order to determine whether the in-
dividual is prohibited from possessing or 
receiving a firearm under Federal or State 
law; and 
‘‘(ii) return the firearm or ammuni-
tion to the individual subject to the firearm 
surrender order if the individual is not pro-
hibited from possessing or receiving a fire-
arm under Federal, State, or Tribal law; 
and 
‘‘(5) require the courts and relevant law en-
forcement agencies to partner with and provide sup-
port for local domestic violence programs in order to 
ensure the safety of victims of domestic violence 
after the issuance of a firearm surrender order.’’. 
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(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.’’. 
Æ 
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