H.R. 9983: Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act

This bill would change federal gun laws related to domestic violence restraining orders. In plain terms, it would make it easier to keep firearms and ammunition away from people who are subject to certain domestic violence court orders, including some orders that are currently not covered under federal law.

What changes it makes to the law

The bill expands the federal definition of the court orders that trigger firearm restrictions. Under current law, some domestic violence-related orders do not always qualify, such as certain dating-partner cases or some temporary/ex parte orders. This bill would create a broader category called a covered domestic violence court order that includes more situations, including:

• orders issued after a hearing where the person had notice and a chance to participate;
• certain ex parte orders, so long as notice and a hearing are provided within the time required by law and within a reasonable time;
• orders that restrain harassment, stalking, threats, or conduct that puts an intimate partner or child in reasonable fear of bodily injury;
• orders that restrain witness intimidation or dissuasion;
• orders finding that the person is a credible threat to safety, or that expressly prohibit the use or threatened use of physical force.

The bill also broadens the definition of intimate partner so it clearly includes dating partners, former dating partners, and some other people protected under state, local, or tribal domestic violence laws.

Firearm sales, possession, and surrender rules

Once a person is subject to one of these covered domestic violence court orders, the bill would prohibit that person from buying, receiving, possessing, or attempting to buy or receive firearms or ammunition while the order is in effect.

It would also make it unlawful for sellers to sell firearms to a person subject to one of these covered orders.

The bill goes further by setting out a process for firearm surrender and removal. It would require state, tribal, and local governments that choose to adopt the bill’s standards to have procedures that:

• require the person subject to the order to surrender firearms and ammunition within 24 hours after being served;
• allow surrender to law enforcement or sale to a licensed gun dealer;
• allow law enforcement to remove firearms and ammunition if the person does not surrender them and there is reason to believe they still have them;
• require the person to file a sworn declaration with the court showing compliance or stating they did not possess any firearms or ammunition;
• require law enforcement to notify the court after a removal or surrender;
• require safe storage of surrendered or removed firearms and ammunition;
• allow the items to be returned after the order ends, if the person is legally allowed to possess firearms after a background check.

Grant program

The bill would create a federal grant program run by the Attorney General through the Office on Violence Against Women. States, tribes, and local governments could receive grants if they have policies or procedures that are substantially similar to the bill’s standards for firearm surrender and removal.

Grant money could be used to support courts and law enforcement in carrying out these procedures, including storage of firearms and ammunition. It could also be used to support at least one domestic violence victim service provider, including a culturally specific organization.

Other changes

The bill would also make technical updates to existing federal firearms background-check laws so they refer to the new broader category of domestic violence court orders.

Relevant Companies

None found.