[Congressional Record Volume 160, Number 96 (Thursday, June 19, 2014)]
[Senate]
[Pages S3833-S3834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LORI JACKSON DOMESTIC VIOLENCE SURVIVOR PROTECTION ACT
Mr. BLUMENTHAL. Mr. President, photographs on this poster are of a
young woman, Lori Jackson, a Connecticut resident, who died tragically,
needlessly, savagely in Oxford at the hands of her estranged husband.
Lori is the reason I have introduced legislation named after her to
close a gaping loophole in our Federal law--well, she is not the only
reason. Tragically, there are thousands of other women and some men who
have shared her fate because of a gap in Federal law that permits
intimate partners to continue to have firearms, even when they are
under restraining orders from the court. Those restraining orders are
placed against them because they evidence clear danger to their
partners, whether their husband or their spouse.
The reason they pose danger is that they become violent. The gap in
the law is it applies only to permanent restraining orders, not
temporary ones.
Lori Jackson sought a temporary restraining order when her estranged
husband threatened her physically and her two 18-month-old twins at
their home. She sought and she obtained a temporary restraining order
and literally the day before that temporary restraining order was to
become permanent and the prohibition against her husband having a
firearm would have gone into effect, he gunned her down at her parents'
home where she had sought refuge with her children--gunned her down and
savagely and severely wounded her mother as well with those same
firearms.
The temporary restraining order against Lori's husband was completely
ineffective, powerless to prevent him from using that gun against her
and killing her--and her mother, severely wounding her.
Tragically, Lori's story is far from unique. Jasmine Leonard also had
a temporary restraining order against her husband. She died last week
after her husband shot her.
Chyna Joy Young celebrated her 18th birthday just days before she was
shot and killed by her estranged boyfriend, despite the temporary
restraining order she had against him. Young was 3 months pregnant.
Barbara Diane Dye was granted a temporary restraining order and then
fled to Texas. She returned only for a hearing on the permanent
restraining order, and that is when her husband cornered her in a bank
parking lot and shot her repeatedly with a .357 magnum revolver,
killing her there.
When domestic abusers have access to firearms, it isn't only abuse
victims who are at risk. A violent husband under a temporary
restraining order in Brookfield, WI, followed his wife to the salon
where she worked. Not only did he shoot and kill his wife but he killed
two additional people and wounded four more.
After Erica Bell got a temporary restraining order against her
husband, he came to her at church. He followed her there. He shot and
killed Erica and he also shot four of her relatives, including her
grandparents, great-aunt, and a cousin.
This scourge of domestic violence, combined with the epidemic of guns
in our society causing gun violence, is a toxic recipe, and we must do
more against domestic abuse. That is why I have formed an organization
in Connecticut called Men Make a Difference, Men Against Domestic
Violence. It is a program launched in cooperation with our largest
domestic prevention and response agency, Interval House, which does a
wonderful job against domestic violence. It is a commitment of
prominent men, all men, providing role models for young men and boys to
reach out to other males and take action to prevent domestic violence.
We can truly make a difference as men. We can fight domestic violence.
We can gradually make progress against it because it is a cycle.
More than 70 percent of all men who commit domestic violence have
seen or experienced it in their own lives, and these kinds of
organizations can help stop and stem domestic violence. But
[[Page S3834]]
domestic violence, combined with guns, is a recipe for death.
As our former colleague Frank Lautenberg used to say: ``The
difference between a murdered wife and a battered wife is often the
presence of a gun.'' Women are five times more likely to die as a
result of domestic violence when there is a gun in the home than when
there is not.
So I have introduced the Lori Jackson Domestic Violence Survivor
Protection Act. It is a long name. The most important part of the name
is Lori Jackson, because her story tells it all.
There is no reason we should fail to protect women when they are
protected by a temporary restraining order rather than a permanent
restraining order. In fact, there is every reason to provide more
protection in the first week or 2 weeks when there is a temporary
restraining order in place. Remember, the temporary restraining order
is granted not on a whim or a question, because of specific, credible
evidence that an intimate partner poses a physical danger, and it is
granted by a judge after considering that evidence.
The moment of danger in a relationship such as Lori Jackson's is when
one partner tells another--it may be a spouse, it may be a boyfriend, a
girlfriend--she is leaving, she wants a divorce. That is the moment of
maximum rage. That is the moment of greatest danger. That is the moment
of uncontrollable wrath.
At that moment of greatest danger, the law is at its weakest. There
is no prohibition against that enraged, impulsive, hurt, angry
individual from continuing to possess or purchase a firearm.
The Lori Jackson Domestic Violence Survivor Protection Act very
simply closes that gaping loophole in our law, providing that just as
with a permanent protective order, an individual subject to a temporary
restraining order cannot purchase or possess a firearm. It is a very
simple, commonsense measure, but it can help save lives. It can help
save others such as Lori Jackson and the individuals whom I have
named--many of them courageous, strong individuals like Lori Jackson
who broke with an abusive relationship.
The experts in this field will tell us that is among the most
difficult things to do, and it puts a woman at her most vulnerable
point in the relationship. Again, that is the time when current law
fails her. That is the reason we should close that loophole.
Other measures are also important and necessary.
I salute our colleague Senator Klobuchar for her proposal that will
close an equally important loophole in our law relating to people who
are convicted of stalking. That is an eminently important and sensible
step to take. It will keep guns out of the hands of stalkers; likewise,
Representative Moore's legislation to help States enforce our gun laws.
Similarly, the comprehensive measure of mental health initiatives,
school safety steps, background checks, is part of a comprehensive
effort to stop gun violence in our country. They are all important and
necessary.
I thank my colleague and friend Senator Murphy of Connecticut for
championing them as a teammate in this effort, and he has joined me
in supporting this legislation.
I named this legislation after Lori Jackson as a memorial to her and
a gesture of sadness and outrage at her death.
Every man or woman who has lost his or her life through a domestic
violence gun homicide deserves to be memorialized on this floor, as
does every victim of gun violence. With more than 1,000 names added as
victims every year, I believe we can honor them best by passing this
legislation.
I urge my colleagues to join with me in honoring Lori Jackson,
Jasmine Leonard, Chyna Joy Young, Barbara Diane Guy, and Zina Daniel,
all of the women who have lost their lives to domestic abusers and
whose lives might have been saved. We can't know for sure. There is no
certainty they would be alive today, but we know their chances would
have been better if that temporary protective order had also protected
them from an abuser who possessed or bought a firearm at that moment of
maximum danger.
We continue to grieve in Connecticut for all victims of gun violence,
especially the 20 beautiful children and 6 great educators who lost
their lives. This past Sunday I attended in West Haven the opening of a
24th playground. Where Angels Play is the name of the playground
organization headed by a firefighter, a very resolute, steadfast,
public servant, Bill Lavin. This playground, honoring one of those
children, was on the beach in West Haven--a moment of haunting and
exquisite beauty--when all of us gathered in honor of Charlotte Bacon
on a sun-filled day, Father's Day. Joel and JoAnn Bacon and their son
Guy were with us.
Each of those playgrounds is a memorial to those children who died,
and we have likewise honored the six great educators who perished.
There are ways to honor and remember and memorialize these victims.
Alexis Volpe in Middletown did a small garden, and she was joined by
the Daisy Scouts there.
All of them are beautiful in their own special way, but action is the
best way to honor the memory of the victims of gun violence, action to
adopt commonsense, sensible measures that will help prevent gun
violence in the future. None is more important than honoring,
remembering, and acting to save others such as Lori Jackson, who will
always be with us in spirit and memory.
I thank my colleagues who have joined me in this effort, Senators
Durbin, Murray, Boxer, Murphy, Hirono, Warren, and Menendez, sponsoring
the Lori Jackson Domestic Violence Survivor Protection Act.
I yield the floor for my good colleague and friend, the Senator from
West Virginia.
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