,,ii #aaith ,,congress #b;d ,session ,s4 #ebja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjbf,mr4 ,blumenthal 7for himself1 ,mr4 ,wyden1 ,ms4 ,alsobrooks1 ,mr4 ,booker1 ,mr4 ,coons1 ,mr4 ,durbin1 ,mr4 ,fetterman1 ,ms4 ,hirono1 ,mr4 ,kaine1 ,ms4 ,klobuchar1 ,mr4 ,murphy1 ,mrs4 ,murray1 ,mr4 ,padilla1 ,mrs4 ,shaheen1 ,mr4 ,whitehouse1 and ,mr4 ,van ,hollen7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to protect more victims of domestic violence by preventing their abusers from possessing or receiving firearms1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lori ,jackson-,nicolette ,elias ,domestic ,violence ,survivor ,protection ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,congress has the responsibility to keep the populace of the ,united ,states safe1 and domestic gun violence is a significant threat to the well-being of the ,united ,states4 7#b7 ,each year in the ,united ,states1 more than #ijj women are shot and killed by an intimate partner4 ,more women are killed in the ,united ,states by domestic partners than by any other type of assailant1 and most of these homicides are committed with firearms4 7#c7 ,nearly #f1jjj1jjj women alive in the ,united ,states today report having a gun used on them by a domestic partner4 7#d7 ,seven in #aj intimate partner homicides in the ,united ,states are committed with a firearm4 ,if a woman has an abusive male partner who has access to a firearm1 the woman is #e times more likely to be killed than she would be if the abusive male partner did not have access to a firearm4 7#e7 ,perpetrators of intimate partner violence are far more likely to commit additional acts of gun violence4 ,nearly half of all mass shootings involve the perpetrator shooting a current or former intimate partner or family member4 7#f7 ,victims of intimate partner violence often pursue restraining orders as a means of protection in the immediate aftermath of1 or in conjunction with1 leaving dangerous partners and situations4 ,this time period is especially dangerous for victims4 7#g7 ,although individuals against whom there is a domestic violence restraining order are barred from purchasing a firearm under section #ibb7;g77#h7 of title #ah1 ,united ,states ,code1 various loopholes in that section allow perpetrators to purchase and maintain possession of firearms4 ,for example1 ,federal law only protects domestic violence victims against spouses1 former spouses1 cohabitants1 former cohabitants1 and individuals with whom those victims have a child4 ,furthermore1 under ,federal law1 protective orders issued against domestic violence abusers on an emergency or ex parte basis do not prohibit those abusers from possessing or purchasing firearms4 7#h7 ,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 partners4 ,numerous studies have shown that ,states that pass these laws experience a significant reduction in intimate partner homicides4 7#i7 ,states that restrict access to guns to individuals subject to active domestic violence restraining orders have experienced a #ac-percent reduction in intimate partner homicides involving firearms4 ,similarly1 ,state laws imposing a firearm possession prohibition on individuals subject to ex parte or temporary domestic violence restraining orders are associated with a #af-percent reduction in intimate partner homicides involving firearms4 7#aj7 ,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 effect4 #c4 ,definitions of intimate partner and misdemeanor crime of domestic violence expanded ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting before paragraph 7#cb7 the following3 7#ca7 ,the term covered domestic violence court order means a court order-- 7,a7 that was issued-- 7i7 after a hearing of which the person subject to the court order received actual notice1 and at which such person had an opportunity to participate2 or 7ii7 in the case of an ex parte order1 relative to which notice and opportunity to be heard are provided-- 7,i7 within the time required by ,state1 ,tribal1 or territorial law2 and 7,,ii7 in any event within a reasonable time after the order is issued1 sufficient to protect the due process rights of the person2 7,b7 that restrains such person from-- 7i7 harassing1 stalking1 or threatening an intimate partner of such person or child of such intimate partner or person1 or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child2 or 7ii7 intimidating or dissuading a witness from testifying in court2 and 7,c7 that-- 7i7 includes a finding that such person represents a credible threat to the physical safety of an individual described in subparagraph 7,b72 or 7ii7 by its terms explicitly prohibits the use1 attempted use1 or threatened use of physical force against an individual described in subparagraph 7,b7 that would reasonably be expected to cause bodily injury4 2 7#b7 in paragraph 7#cb71 by striking all that follows after ,the term intimate partner and inserting the following3 7,a7 means1 with respect to a person1 the spouse of the person1 a former spouse of the person1 an individual who is a parent of a child of the person1 and an individual who cohabitates or has cohabited with the person2 and 7,b7 includes-- 7i7 a dating partner 7as defined in section #bbff7 or former dating partner2 and 7ii7 any other person similarly situated to a spouse1 a parent of a child1 or dating partner who is protected by the domestic or family violence laws of the ,state1 local1 or ,tribal jurisdiction in the covered domestic violence court order was issued or where the protected party resides4 2 and 7#c7 in paragraph 7#cc7-- 7,a7 in subparagraph 7,a77ii7-- 7i7 by striking or the threatened and inserting the threatened2 7ii7 by inserting or stalking after deadly weapon12 and 7iii7 by striking 1 or by a person who has a current or recent former dating relationship with the victim and inserting by a person to whom the victim is or was a dating partner 7as defined in section #bbff71 or by a person to whom the victim is the child of a dating partner2 and 7,b7 in subparagraph 7,c71 by striking firearms3 ,provided1 and all that follows through the end and inserting firearms44 #d4 ,unlawful sale of firearms to a person subject to court order ,section #ibb7;d77#h7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#h7 is subject to a covered domestic violence court order2 or 4 #e4 ,list of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm expanded ,section #ibb7;g77#h7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#h7 who is subject to a covered domestic violence court order2 or 4 #f4 ,grant program regarding the removal of firearms from adjudicated domestic violence parties 7a7 ,amendment ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,pp ,grant program regarding removal of firearms from adjudicated domestic violence parties #cjfa4 ,definitions ,in this part3 7#a7 ,ammunition2 firearm ,the terms ammunition and firearm have the meanings given those terms in section #iba of title #ah1 ,united ,states ,code4 7#b7 ,covered entity ,the term covered entity means-- 7,a7 a ,state2 7,b7 an ,indian tribe2 or 7,c7 a unit of local government4 7#c7 ,domestic violence protection order ,the term domestic violence protection order has the meaning given the term covered domestic violence court order in section #iba of title #ah1 ,united ,states ,code4 #cjfb4 ,grant program 7a7 ,authority ,to make grants ,the ,attorney ,general1 acting through the ,director of the ,office on ,violence ,against ,women1 may make grants to covered entities to assist the covered entities in carrying out the policies1 procedures1 protocols1 laws1 court rules1 or regulations described in section #cjfc4 7b7 ,eligible covered entity 7#a7 ,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 policies1 procedures1 protocols1 laws1 court rules1 or regulations that are substantially similar to the policies1 procedures1 laws1 court rules1 or regulations described in section #cjfc4 7#b7 ,determination ,in making a determination under paragraph 7#a71 the ,attorney ,general may consider policies1 procedures1 protocols1 laws1 court rules1 or regulations of a covered entity to be substantially similar to the policies1 procedures1 laws1 courts rules1 or regulations described in section #cjfc even if the policies1 procedures1 protocols1 laws1 court rules1 or regulations of the covered entity-- 7,a7 vary in scope2 7,b7 prescribe different types of protective orders or firearm surrender orders2 or 7,c7 provide different timing requirements4 7c7 ,use of funds ,grant funds awarded under this section may be used by a covered entity-- 7#a7 to assist law enforcement agencies or courts of the covered entity in carrying out the policies1 procedures1 protocols1 laws1 court rules1 or regulations described in section #cjfc1 including the storage of firearms and ammunition2 and 7#b7 in order to ensure the safety of domestic violence victims after a domestic violence protection order is issued in accordance with the policies1 procedures1 protocols1 laws1 court rules1 or regulations described in section #cjfc1 to partner with and provide support to not less than #a domestic violence victim service provider1 which may include an organization that is a culturally specific organization4 7d7 ,application 7#a7 ,in general ,a covered entity desiring a grant under this section shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing or accompanied by such information as the ,attorney ,general may reasonably require4 7#b7 ,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 7c77#b74 #cjfc4 ,state and tribal policies and procedures 7a7 ,in general ,the policies1 procedures1 protocols1 laws1 court rules1 or regulations described in this section are policies1 procedures1 protocols1 laws1 court rules1 or regulations relating to the possession of a firearm or ammunition that-- 7#a7 direct a court1 upon the issuance of a domestic violence protection order1 to include relief or issue an additional order 7referred to in this section as a firearm surrender order7 that-- 7,a7 is in effect for the duration of the domestic violence protection order2 7,b7 automatically terminates upon the expiration of the domestic violence protection order2 7,c7 requires-- 7i7 the individual subject to the domestic violence protection order or firearm surrender order to1 not later than #bd hours after the domestic violence protection order or firearm surrender order is served1 surrender physical possession of all firearms and ammunition in the possession1 care1 custody1 or control of the individual1 including any firearm that the individual has entrusted or lent to a third party1 by either-- 7,i7 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 ammunition2 or 7,,ii7 selling the firearms and ammunition to a licensed dealer 7as defined in section #iba of title #ah1 ,united ,states ,code72 or 7ii7 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 to1 not later than #bd hours after the domestic violence protection order or firearm surrender order is served1 request the surrender of and remove and store any firearm or ammunition in the possession1 care1 custody1 or control of the individual1 including firearms and ammunition that the individual has entrusted or lent to a third party2 7,d7 prohibits the individual from purchasing1 possessing1 or receiving1 or attempting to purchase or receive1 a firearm or ammunition for the period of time during which the domestic violence protection order or firearm surrender order is in effect2 7,e7 revokes any permit or license of the individual to purchase1 possess1 or carry a firearm or ammunition for the period of time during which the domestic violence protection order or firearm surrender order is in effect2 and 7,f7 requires the individual subject to the domestic violence protection order or firearm surrender order to1 not later than #dh hours after the domestic violence protection order or firearm surrender order is served1 file with the court-- 7i7 a declaration under penalty of perjury that-- 7,i7 the individual has made the surrender described in subparagraph 7,c77i72 7,,ii7 the chief law enforcement officer of the district in which the individual resides has conducted the removal described in subparagraph 7,c77ii72 or 7,,iii7 the individual did not possess any firearm or ammunition at the time of the issuance and service of the domestic violence protection order or firearm surrender order and continues to not possess any firearms or ammunition2 and 7ii7 an itemized receipt of any firearms or ammunition surrendered by the individual subject to the domestic violence protection order or firearm surrender order under subparagraph 7,c77i71 or removed by a chief law enforcement officer from that individual under subparagraph 7,c77ii71 that is signed by the individual who took possession of those firearms or ammunition2 7#b7 in the case of an individual who does not comply with paragraph 7#a77;,c77i71 and where there are reasonable grounds to believe that the individual possesses or has purchased a firearm1 require the chief law enforcement officer or designated law enforcement agency described in paragraph 7#a77;,c77ii7 to remove any firearm or ammunition from the individual2 7#c7 requires a chief law enforcement officer or designated law enforcement agency that conducts a removal under paragraph 7#a77;,c77ii7 or 7#b7 or receives a firearm or ammunition surrendered by an individual under paragraph 7#a77;,c77i77,i7 to1 not later than #dh hours after conducting the removal or receiving the surrendered firearm or ammunition1 notify the court of the removal or surrender2 7#d7 with respect to a firearm or ammunition that is surrendered under paragraph 7#a77;,c77i7 or any firearm or ammunition removed under paragraph 7#a77;,c77ii7 or 7#b71 require the law enforcement agency to which the firearm or ammunition is surrendered or that removes any firearm or ammunition to-- 7,a7 safely store the firearm or ammunition1 including with federally licensed firearms dealers2 and 7,b7 at the request of the individual subject to the domestic violence protection order or firearm surrender order1 not later than #g days after the request1 if the domestic violence protection order described in paragraph 7#a7 has expired or been removed-- 7i7 perform a background check on the individual previously subject to the domestic violence protection order or firearm surrender order to determine whether the individual is prohibited from possessing or receiving a firearm under ,federal1 ,state1 tribal1 or local law2 and 7ii7 return the firearm or ammunition to the individual previously subject to the domestic violence protection order or firearm surrender order if the individual is not prohibited from possessing or receiving a firearm under ,federal1 ,state1 tribal1 or local law2 and 7#e7 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 domestic violence protection order or firearm surrender order4 7b7 ,applicability ,except as otherwise provided in this section1 the definitions and grant conditions set forth in section #djjjb of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7 shall apply to this section4 4 7b7 ,authorization of appropriations ,section #ajja7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbfa7 is amended by adding at the end the following3 7#bi7 ,there are authorized to be appropriated such sums as are necessary to carry out part ,,pp4 4 #g4 ,technical and conforming amendments ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijb et seq47 is amended-- 7#a7 in section #c7a7 7#cd ,u4,s4,c4 #djijc7a771 by striking court order 7as described in section #ibb7;g77#h7 and inserting covered domestic violence court order 7as defined in section #iba7;a72 and 7#b7 in section #ajb7;b77#a77;,c77v7 7#cd ,u4,s4,c4 #djiab7;b77#a77;,c77v771 by striking court order described in section #ibb7;g77#h7 and inserting covered domestic violence court order1 as defined in section #iba7;a74