[Congressional Record Volume 160, Number 122 (Thursday, July 31, 2014)]
[Senate]
[Page S5296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  CLOSING DOMESTIC VIOLENCE LOOPHOLES

  Mr. LEVIN. Madam President, studies have estimated that over one in 
three American women will face some form of domestic abuse in their 
lifetime, and that when guns are present during incidents of domestic 
violence, the risk of homicide escalates over 500 percent.
  As the statistics suggest, the combination of domestic violence and 
firearms can lead to horrific tragedies. Like in May 2014, when Lori 
Jackson of Oxford, CT filed for a restraining order against her 
abusive, estranged husband. The court granted her a temporary 
restraining order while she waited 2 weeks for a hearing to obtain a 
permanent restraining order. In the meantime, fearful of her husband, 
Ms. Jackson took her twin 18-month-olds and fled. But before Ms. 
Jackson could obtain a permanent order, her husband found her, stormed 
the house where she was staying, fatally shot her and wounded her 
mother.
  This is a tragedy that could have been prevented. The Violence 
Against Women Act, which Congress first passed in 1994, included a 
common-sense provision to prevent people subject to a permanent 
restraining order from buying or possessing a gun. Since 1994, this 
provision has saved countless lives.
  But there is a critical loophole in this law: while people subject to 
a permanent restraining order are prohibited from having a weapon, this 
safeguard does not apply to those subject to a temporary restraining 
order. This loophole left Ms. Jackson, who had obtained a temporary 
restraining order against her husband and was awaiting a permanent 
order, perilously vulnerable in the dangerous days immediately after 
she left her spouse.
  It is long past time to close this loophole. That is why I am a 
cosponsor of the Lori Jackson Domestic Violence Survivor Protection Act 
of 2014. This bill would prevent individuals subject to temporary 
restraining orders--like Ms. Jackson's husband--from buying or 
possessing a gun for the duration of that temporary order. It also 
would expand the legal definition of `intimate partner' to include 
individuals who are simply dating partners.
  But closing the temporary restraining order loophole is just the 
first step. Sadly, a patchwork of inadequate State and local resources 
hamstrings the effectiveness of these lifesaving laws. In reality, just 
issuing a permanent restraining order that legally disqualifies a 
person from purchasing a firearm does not necessarily mean the person's 
name will be added to the National Instant Criminal Background Check, 
NICS system. Nor does it mean that law enforcement will be notified of 
the urgent need to remove firearms from that dangerous person's 
possession.
  That is why I am also a cosponsor of the Domestic Violence Gun 
Homicide Prevention Act. This bill would establish new grants to assist 
States in carrying out policies that, among other things, encourage 
State and local courts to account for whether a domestic abuser 
possesses a gun that they may use against their victims and to order 
the recovery of those guns, when appropriate. The grants created by 
this bill would provide vital assistance to the law enforcement 
professionals we trust with the safety of our communities, and would go 
a long way toward better enforcement of the gun safety laws we already 
have on the books.
  The decision to flee from an abusive partner or spouse is 
extraordinarily difficult and courageous. Congress should honor the 
people who have taken this step by passing common-sense legislation to 
protect those who may need to do it in the future. I urge my colleagues 
to move quickly to pass these urgently-needed measures.

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