[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9983 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9983
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 HOUSE OF REPRESENTATIVES
July 30, 2026
Mr. Himes (for himself, Ms. Norton, Ms. Ross, Ms. Moore of Wisconsin,
Mr. Krishnamoorthi, Mr. Jackson of Illinois, Mrs. Watson Coleman, Ms.
McCollum, Mr. Quigley, Mr. Moulton, Mr. Lynch, and Mr. Beyer)
introduced the following bill; which was 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-Nicolette Elias
Domestic Violence Survivor Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress has the responsibility to keep the populace of
the United States safe, and domestic gun violence is a
significant threat to the well-being of the United States.
(2) Each year in the United States, more than 900 women are
shot and killed by an intimate partner. More women are killed
in the United States by domestic partners than by any other
type of assailant, and most of these homicides are committed
with firearms.
(3) Nearly 6,000,000 women alive in the United States today
report having a gun used on them by a domestic partner.
(4) Seven in 10 intimate partner homicides in the United
States are committed with a firearm. If a woman has an abusive
male partner who has access to a firearm, the woman is 5 times
more likely to be killed than she would be if the abusive male
partner did not have access to a firearm.
(5) Perpetrators of intimate partner violence are far more
likely to commit additional acts of gun violence. Nearly half
of all mass shootings involve the perpetrator shooting a
current or former intimate partner or family member.
(6) Victims of intimate partner violence often pursue
restraining orders as a means of protection in the immediate
aftermath of, or in conjunction with, leaving dangerous
partners and situations. This time period is especially
dangerous for victims.
(7) Although individuals against whom there is a domestic
violence restraining order are barred from purchasing a firearm
under section 922(g)(8) of title 18, United States Code,
various loopholes in that section allow perpetrators to
purchase and maintain possession of firearms. For example,
Federal law only protects domestic violence victims against
spouses, former spouses, cohabitants, former cohabitants, and
individuals with whom those victims have a child. Furthermore,
under Federal law, protective orders issued against domestic
violence abusers on an emergency or ex parte basis do not
prohibit those abusers from possessing or purchasing firearms.
(8) 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 partners. Numerous studies have shown that
States that pass these laws experience a significant reduction
in intimate partner homicides.
(9) States that restrict access to guns to individuals
subject to active domestic violence restraining orders have
experienced a 13-percent reduction in intimate partner
homicides involving firearms. Similarly, State laws imposing a
firearm possession prohibition on individuals subject to ex
parte or temporary domestic violence restraining orders are
associated with a 16 percent reduction in intimate partner
homicides involving firearms.
(10) 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 effect.
SEC. 3. DEFINITIONS OF ``INTIMATE PARTNER''AND ``MISDEMEANOR CRIME OF
DOMESTIC VIOLENCE'' EXPANDED.
Section 921(a) of title 18, United States Code, is amended--
(1) by inserting before paragraph (32) the following:
``(31) The term `covered domestic violence court order'
means a court order--
``(A) that was issued--
``(i) after a hearing of which the person
subject to the court order 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 an individual described in
subparagraph (B); or
``(ii) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against an individual described
in subparagraph (B) that would reasonably be
expected to cause bodily injury.'';
(2) 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 (as defined in
section 2266) or former dating partner; and
``(ii) any other person similarly situated
to a spouse, a parent of a child, or dating
partner who is protected by the domestic or
family violence laws of the State, local, or
tribal jurisdiction in the covered domestic
violence court order was issued or where the
protected party resides.''; and
(3) in paragraph (33)--
(A) in subparagraph (A)(ii)--
(i) by striking ``or the threatened'' and
inserting ``the threatened'';
(ii) by inserting ``or stalking'' after
``deadly weapon,''; and
(iii) by striking ``, 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 (as defined in section 2266), or
by a person to whom the victim is the child of
a dating partner''; and
(B) in subparagraph (C), by striking ``firearms:
Provided,'' and all that follows through the end and
inserting ``firearms.''.
SEC. 4. 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 covered domestic violence court
order; or''.
SEC. 5. 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 covered domestic violence court
order; or''.
SEC. 6. GRANT PROGRAM REGARDING THE REMOVAL OF FIREARMS FROM
ADJUDICATED DOMESTIC VIOLENCE PARTIES.
(a) Amendment.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART PP--GRANT PROGRAM REGARDING REMOVAL OF FIREARMS FROM ADJUDICATED
DOMESTIC VIOLENCE PARTIES
``SEC. 3061. DEFINITIONS.
``In this part:
``(1) Ammunition; firearm.--The terms `ammunition' and
`firearm' have the meanings given those terms in section 921 of
title 18, United States Code.
``(2) Covered entity.--The term `covered entity' means--
``(A) a State;
``(B) an Indian tribe; or
``(C) a unit of local government.
``(3) Domestic violence protection order.--The term
`domestic violence protection order' has the meaning given the
term `covered domestic violence court order' in section 921 of
title 18, United States Code.
``SEC. 3062. GRANT PROGRAM.
``(a) Authority to Make Grants.--The Attorney General, acting
through the Director of the Office on Violence Against Women, may make
grants to covered entities to assist the covered entities in carrying
out the policies, procedures, protocols, laws, court rules, or
regulations described in section 3063.
``(b) Eligible Covered Entity.--
``(1) 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 policies, procedures, protocols, laws, court
rules, or regulations that are substantially similar to the
policies, procedures, laws, court rules, or regulations
described in section 3063.
``(2) Determination.--In making a determination under
paragraph (1), the Attorney General may consider policies,
procedures, protocols, laws, court rules, or regulations of a
covered entity to be substantially similar to the policies,
procedures, laws, courts rules, or regulations described in
section 3063 even if the policies, procedures, protocols, laws,
court rules, or regulations of the covered entity--
``(A) vary in scope;
``(B) prescribe different types of protective
orders or firearm surrender orders; or
``(C) provide different timing requirements.
``(c) Use of Funds.--Grant funds awarded under this section may be
used by a covered entity--
``(1) to assist law enforcement agencies or courts of the
covered entity in carrying out the policies, procedures,
protocols, laws, court rules, or regulations described in
section 3063, including the storage of firearms and ammunition;
and
``(2) in order to ensure the safety of domestic violence
victims after a domestic violence protection order is issued in
accordance with the policies, procedures, protocols, laws,
court rules, or regulations described in section 3063, to
partner with and provide support to not less than 1 domestic
violence victim service provider, which may include an
organization that is a culturally specific organization.
``(d) Application.--
``(1) In general.--A covered entity desiring a grant under
this section shall submit to the Attorney General an
application at such time, in such manner, and containing or
accompanied by such information as the Attorney General may
reasonably require.
``(2) 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 (c)(2).
``SEC. 3063. STATE AND TRIBAL POLICIES AND PROCEDURES.
``(a) In General.--The policies, procedures, protocols, laws, court
rules, or regulations described in this section are policies,
procedures, protocols, laws, court rules, or regulations relating to
the possession of a firearm or ammunition that--
``(1) direct a court, upon the issuance of a domestic
violence protection order, to include relief or issue an
additional order (referred to in this section as a `firearm
surrender order') that--
``(A) is in effect for the duration of the domestic
violence protection order;
``(B) automatically terminates upon the expiration
of the domestic violence protection order;
``(C) requires--
``(i) the individual subject to the
domestic violence protection order or firearm
surrender order to, not later than 24 hours
after the domestic violence protection order or
firearm surrender order is served, surrender
physical possession of all firearms and
ammunition in the possession, care, custody, or
control of the individual, including any
firearm that the individual has entrusted or
lent to a third party, by either--
``(I) 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 ammunition; or
``(II) selling the firearms and
ammunition to a licensed dealer (as
defined 32 in section 921 of title 18,
United States Code); or
``(ii) 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 to, not later than 24
hours after the domestic violence protection
order or firearm surrender order is served,
request the surrender of and remove and store
any firearm or ammunition in the possession,
care, custody, or control of the individual,
including firearms and ammunition that the
individual has entrusted or lent to a third
party;
``(D) prohibits the individual from purchasing,
possessing, or receiving, or attempting to purchase or
receive, a firearm or ammunition for the period of time
during which the domestic violence protection order or
firearm surrender order is in effect;
``(E) revokes any permit or license of the
individual to purchase, possess, or carry a firearm or
ammunition for the period of time during which the
domestic violence protection order or firearm surrender
order is in effect; and
``(F) requires the individual subject to the
domestic violence protection order or firearm surrender
order to, not later than 48 hours after the domestic
violence protection order or firearm surrender order is
served, file with the court--
``(i) a declaration under penalty of
perjury that--
``(I) the individual has made the
surrender described in subparagraph
(C)(i);
``(II) the chief law enforcement
officer of the district in which the
individual resides has conducted the
removal described in subparagraph
(C)(ii); or
``(III) 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 ammunition; and
``(ii) 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 (C)(i), or removed by a chief law
enforcement officer from that individual under
subparagraph (C)(ii), that is signed by the
individual who took possession of those
firearms or ammunition;
``(2) in the case of an individual who does not comply with
paragraph (1)(C)(i), and where there are reasonable grounds to
believe that the individual possesses or has purchased a
firearm, require the chief law enforcement officer or
designated law enforcement agency described in paragraph
(1)(C)(ii) to remove any firearm or ammunition from the
individual;
``(3) requires a chief law enforcement officer or
designated law enforcement agency that conducts a removal under
paragraph (1)(C)(ii) or (2) or receives a firearm or ammunition
surrendered by an individual under paragraph (1)(C)(i)(I) to,
not later than 48 hours after conducting the removal or
receiving the surrendered firearm or ammunition, notify the
court of the removal or surrender;
``(4) with respect to a firearm or ammunition that is
surrendered under paragraph (1)(C)(i) or any firearm or
ammunition removed under paragraph (1)(C)(ii) or (2), require
the law enforcement agency to which the firearm or ammunition
is surrendered or that removes any firearm or ammunition to--
``(A) safely store the firearm or ammunition,
including with federally licensed firearms dealers; and
``(B) at the request of the individual subject to
the domestic violence protection order or firearm
surrender order, not later than 7 days after the
request, if the domestic violence protection order
described in paragraph (1) has expired or been
removed--
``(i) 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 Federal, State, tribal, or local
law; and
``(ii) 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 Federal, State, tribal, or local
law; and
``(5) 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 order.
``(b) Applicability.--Except as otherwise provided in this section,
the definitions and grant conditions set forth in section 40002 of the
Violence Against Women Act of 1994 (34 U.S.C. 12291) shall apply to
this section.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261) is amended by adding at the end the following:
``(29) There are authorized to be appropriated such sums as
are necessary to carry out part PP.''.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.
The NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et
seq.) is amended--
(1) in section 3(1) (34 U.S.C. 40903(1)), by striking
``court order (as described in section 922(g)(8)'' and
inserting ``covered domestic violence court order (as defined
in section 921(a)''; and
(2) in section 102(b)(1)(C)(v) (34 U.S.C.
40912(b)(1)(C)(v)), by striking ``court order described in
section 922(g)(8)'' and inserting ``covered domestic violence
court order, as defined in section 921(a)''.
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