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Boyfriend loophole

The boyfriend loophole is a gap in American gun legislation that allows physically abusive ex-romantic partners and stalkers with previous convictions or restraining orders to access guns. While individuals who have been convicted of, or are under a restraining order for, domestic violence are prohibited from owning a firearm, the prohibition only applies if the victim was the perpetrator's spouse or cohabitant, or if the perpetrator had a child with the victim.[1]

The boyfriend loophole was introduced in 1996 with the Lautenberg Amendment, which established stricter gun control restrictions in the United States in order to combat domestic abuse.[2] This law included a definition of an "intimate partner," who would be prohibited from accessing guns, but it did not encompass certain dating partners.[3]

Both before and after the introduction of the boyfriend loophole, there were attempts to increase governmental action in relation to domestic abuse, but they were unsuccessful, on constitutional grounds.[4]

More recently, researchers have found a positive correlation between intimate partner violence and firearm access.[5] Additionally, researchers have studied the overlap between instances of domestic abuse, stalking, and shootings.[6]

Although the boyfriend loophole has a direct effect on people who experience domestic abuse or stalking by former or current intimate partners, women disproportionately face intimate partner violence, so they are disproportionately impacted by the boyfriend loophole.[7][8]

Current legislation aimed at combating intimate partner violence includes the Violence Against Women Act, which was reauthorized on March 16, 2022, as well as the Bipartisan Safer Communities Act, which was signed into law on June 25, 2022.[9] This federal legislation significantly narrows the boyfriend loophole, denying access to firearms for five years to people convicted of violence in dating relationships. However, this restriction does not apply to those who only have restraining orders.[10]

  1. ^ "H.R.1620 - Violence Against Women Act Reauthorization Act of 2021". Congress.gov. May 24, 2022. Archived from the original on May 16, 2021. Retrieved February 19, 2023.
  2. ^ "18 U.S. Code § 922 - Unlawful acts". LII / Legal Information Institute. Archived from the original on November 14, 2017. Retrieved May 2, 2023.
  3. ^ Nathan, Alison J. (March 2000). "At the Intersection of Domestic Violence and Guns: The Public Interest Exception and the Lautenberg Amendment". Cornell Law Review. 85 (3). Archived from the original on May 7, 2023. Retrieved May 3, 2023.
  4. ^ "Castle Rock v. Gonzales, 545 U.S. 748 (2005)". Justia Law. Archived from the original on June 1, 2019. Retrieved May 1, 2023.
  5. ^ Díez, Carolina; Kurland, Rachel P.; Rothman, Emily F.; Bair-Merritt, Megan; Fleegler, Eric; Xuan, Ziming; Galea, Sandro; Ross, Craig S.; Kalesan, Bindu; Goss, Kristin A.; Siegel, Michael (October 17, 2017). "State Intimate Partner Violence–Related Firearm Laws and Intimate Partner Homicide Rates in the United States, 1991 to 2015". Annals of Internal Medicine. 167 (8): 536–543. doi:10.7326/M16-2849. ISSN 0003-4819. PMID 28975202. S2CID 7485661.
  6. ^ Mechanic, Mindy B.; Weaver, Terri L.; Resick, Patricia A. (November 10, 2010). "Intimate Partner Violence and Stalking Behavior: Exploration of Patterns and Correlates in a Sample of Acutely Battered Women". Violence and Victims. 15 (1): 55–72. doi:10.1891/0886-6708.15.1.55. PMC 2977930. PMID 10972514.
  7. ^ “The National Intimate Partner and Sexual Violence Survey (NISVS): 2015 Data Brief—Updated Release;” Emma E. Friedland and James Alan Fox, “Gender Differences in Patterns and Trends in US Homicide, 1976–2017,” Violence and Gender 6, no. 1 (2019): 27–36, doi:10.1089/vio.2019.0005
  8. ^ "Guns and Violence Against Women: America's Uniquely Lethal Intimate Partner Violence Problem". Everytown Research & Policy. Archived from the original on April 20, 2023. Retrieved March 23, 2023.
  9. ^ Clyde, Don; Miranda, Shauneen (June 25, 2022). "Biden signs gun safety bill into law". NPR. Archived from the original on September 24, 2022. Retrieved July 10, 2022.
  10. ^ "Text - S.2938 - 117th Congress (2021-2022): Bipartisan Safer Communities Act." Archived May 4, 2023, at the Wayback Machine Congress.gov, Library of Congress, 25 June 2022.

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