Title: Lori Jackson Domestic Violence Survivor Protection Act
Policy area: Crime and Law Enforcement

Summary:
Lori Jackson Domestic Violence Survivor Protection Act
This bill amends the federal criminal code to modify the prohibition on firearm sale or transfer to, or purchase or possession by, an individual who is subject to a court order that restrains the individual from harassing, stalking, or threatening an intimate partner or child of an intimate partner. Specifically, the bill revises the elements of a qualifying court order. It also broadens the definitions of intimate partner and misdemeanor crimes of domestic violence.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4443 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4443

   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 SENATE OF THE UNITED STATES

                             August 5, 2020

 Mr. Blumenthal (for himself, Mr. Murphy, Ms. Hassan, Mr. Durbin, Mr. 
 Markey, Ms. Harris, Mr. Coons, Mr. Booker, Ms. Hirono, Ms. Klobuchar, 
   Ms. Baldwin, Ms. Warren, Mr. Wyden, Mr. Sanders, Mrs. Murray, Ms. 
 Duckworth, Mrs. Gillibrand, Mrs. Shaheen, Mr. Casey, Mrs. Feinstein, 
 and Mr. Menendez) introduced the following bill; which was read twice 
             and 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) 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 or former dating partner (as 
                defined in section 2266); and
                    ``(ii) any other person similarly situated to a 
                spouse who is protected by the domestic or family 
                violence laws of the State or tribal jurisdiction in 
                which the injury occurred or where the victim 
                resides.''; and
            (2) in paragraph (33)(A)--
                    (A) in clause (i), by inserting after ``Federal, 
                State,'' the following: ``municipal,''; and
                    (B) in clause (ii), 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 court order described in subsection 
        (g)(8); 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 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; 
                        or''.
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