Millions of Americans report experiencing domestic violence each year, and access to firearms compounds the threat. When an abusive partner has access to a gun, a domestic violence victim is five times more likely to be killed. Under federal law, convicted domestic abusers are prohibited from owning guns only if they were married to, lived with, or had a child with the victim. If an abuser does not meet any of those criteria, the abuser can legally procure a gun. This is called the "intimate partner loophole," otherwise known as the “boyfriend loophole.”
In June 2022, with passage of the Bipartisan Safer Communities Act, Congress partially closed the intimate partner loophole and extended greater protections to victims of dating violence by adding certain dating relationships to the definition of a misdemeanor crime of domestic violence. In June 2024, the Supreme Court reaffirmed in United States v. Rahimi that individuals subject to a domestic violence restraining order are constitutionally prohibited from possessing firearms.
Now, Congress must finish the job and protect all survivors of dating violence by prohibiting all dating abusers and stalkers from accessing firearms. Urge Congress to support the Strengthening Protections for Domestic Violence and Stalking Survivors Act (H.R. 905/S. 321) to close the deadly “intimate partner loophole” and help keep guns out of the hands of domestic abusers and stalkers.
Background
Every month, an average of 57 women are murdered by an intimate partner using a gun. Every year, over 600 American women are shot to death by current or former intimate partners. This means that roughly one woman is murdered every 14 hours. In fact, firearms are used to commit over half of all intimate partner homicides in the U.S. Further, an analysis of 749 mass shootings in the U.S. from 2014 to 2019 found that about 60 percent were either domestic violence attacks or committed by perpetrators with histories of domestic violence.
The statistics become only more disturbing when you consider race, as the intersection of guns and domestic violence has a disproportionate impact on Black, American Indian/Alaska Native, and Hispanic women. In 2019, Black women were murdered by men at a rate of 2.34 per 100,000, more than twice the rate of white women murdered by men. Over 84 percent of Indigenous women and girls experience violence in their lifetimes, and American Indian/Alaskan Native women are three times more likely than white women to be fatally shot by an intimate partner.
In June 2022, Congress passed the Bipartisan Safer Communities Act, extending greater protections to victims of dating violence by adding certain dating relationships to the definition of a misdemeanor crime of domestic violence. Domestic violence misdemeanants who are convicted after June 25, 2022 of domestic violence against someone with whom they have a current or had a recent former dating relationship are prohibited from possessing, receiving, shipping, or transporting firearms or ammunition for five years. After five years, first-time misdemeanants automatically have their federal firearms access restored if they have not been convicted of another misdemeanor involving physical force or a threat with a deadly weapon in the interim. Closing the loophole for misdemeanor crimes of domestic violence in the Bipartisan Safer Communities Act was an important first step, but this law still leaves guns in the hands of other dating abusers who have been found by a court to pose an immediate danger to their victims.
The Strengthening Protections for Domestic Violence and Stalking Survivors Act (H.R. 905/S. 321) will prevent people with a history of domestic violence or stalking from possessing a gun.
Jewish Values
Jewish tradition emphasizes the sanctity and eternal value of human life. The Talmud teaches that "One who takes a life, it is though they have destroyed the universe. And one who saves a life, it is as though they have saved the universe” (Mishnah Sanhedrin 4:5). The dehumanization of individuals and the carelessness with which human life is taken during incidents of gun violence stand in direct violation of these affirmations of our tradition. We are called to take action to prevent the loss of lives and end gun violence.
Further, the Mishnah teaches, “One who injures another person is liable on five counts (that is, responsible for paying for five factors): for the injury itself, for pain, for healing, for loss of time, and for embarrassment” (Bava Kamma 8:1). This multidimensional understanding of personal injury addresses the pervasive nature of domestic abuse, which can include physical and sexual violence, and the way that these acts of violence have repercussions far greater than the acts themselves, such as lifelong trauma for survivors.
For more information
For more information on gun violence prevention, contact Eisendrath Legislative Assistant CJ Wechsler Sánchez at cjwechsler@rac.org. For more information on the work of WRJ and gender equity, contact Linda Rae Sher/Women of Reform Judaism Legislative Assistant Rachel Landis at rlandis@rac.org.
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