Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act
Bill: H.R.4139 | Sponsor: Rep. Himes, James A. (D-CT)
Policy area: Crime and Law Enforcement

Summary:
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.

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.''.
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